What is the CCRC?
The Criminal Cases Review Commission is an independent statutory body created by the Criminal Appeal Act 1995. Its job is to review possible miscarriages of justice in England, Wales and Northern Ireland and, where appropriate, refer cases back to the Court of Appeal. It is not part of the court system and it is not part of the Crown Prosecution Service. Commissioners are appointed; the staff are independent caseworkers.
The legal test for a referral
Under section 13 of the Criminal Appeal Act 1995, the CCRC can refer a conviction back to the Court of Appeal only if it considers there is a real possibility that the Court of Appeal would overturn the conviction. It does not decide guilt or innocence itself. It is not a retrial.
“Real possibility” is a meaningful threshold: lower than “more likely than not”, higher than “fanciful”. The CCRC typically refers about 3% of the applications it receives.
What does the CCRC have in front of it in this case?
The CCRC received the application on behalf of Ms Letby on the evening of Monday 3 February 2025 (publicly announced the following day, 4 February 2025 — see the CCRC submission chronology for the complete public record of filings). The application is accompanied by more than thirty independent expert reports. Further expert material and supplementary submissions have been recorded by the CCRC in subsequent filings on 31 March, 15 April, 2 May, 15 August, 2 September, 8 October and 11 December 2025. The expert material includes:
- The 14-member Shoo Lee International Expert Panel report (February 2025). See our summary of the press conference.
- Statistical critiques of the shift-rota chart from Prof. Richard Gill and the Royal Statistical Society. See our shift-chart evidence page.
- Endocrinology commentary on the unreliability of the Roche insulin immunoassay for forensic use. See our insulin page.
- Paediatric radiology re-readings of the X-rays cited at trial. See our radiographs page.
- Independent post-mortem-review opinions. See our post-mortem page.
For the single-page version of all of this — what stands, what has been added since conviction, and what remains unresolved — see our Lucy Letby CCRC state-of-the-evidence rollup.
How long will the review take?
The CCRC does not publish fixed timelines for complex cases. Its median application-to-decision time is around 12 months, but high-profile, multi-count, medical-evidence cases can take longer. Operational transparency is limited because the Commission does not comment on live reviews.
What are the possible outcomes?
- Referral to the Court of Appeal. If the CCRC concludes that one or more of the convictions meets the “real possibility” test, it can refer the case back to the Court of Appeal. Referral triggers a fresh hearing at the Court of Appeal — it does not automatically overturn the conviction or release Ms Letby.
- Provisional refusal. The CCRC can issue a provisional decision not to refer, usually with reasons. The applicant has an opportunity to respond before a final decision.
- Final refusal. The CCRC can decline to refer. A refusal is subject to judicial review in the High Court on narrow administrative-law grounds (the CCRC’s decision can be challenged as unreasonable or legally flawed, not on the merits of the conviction itself).
What happens at the Court of Appeal if referred?
The Court of Appeal rehears the grounds identified by the CCRC referral. It can:
- Dismiss the appeal (conviction stands).
- Order a retrial before a new jury.
- Quash the conviction (the person is acquitted on that count).
In multi-count cases like Ms Letby’s, the Court can reach different outcomes on different counts. A 2024 refusal by the Court of Appeal does not bind a later Court of Appeal following a CCRC referral — the 2024 decision was made before the February 2025 Panel report and the bulk of the new expert evidence now on the record.
Why parliamentary and public attention matters
The CCRC is independent. It is not, however, immune from context. Public and parliamentary attention affects the political salience of a case, the pace at which government bodies respond to the CCRC’s own requests for resources, and the willingness of institutional actors to cooperate with requests for material. Sir David Davis’s 8 January 2025 Commons adjournment debate on the Trial of Lucy Letby raised the profile of the concerns in Parliament. The Bar Council letter in April 2025 put the legal profession publicly behind the call for priority review.
What about the Thirlwall Inquiry?
The Thirlwall Inquiry is a different process. It is a statutory public inquiry chaired by Lady Justice Thirlwall, examining how the Countess of Chester Hospital and its regulators responded to the concerns raised by consultants. It did not examine the criminal verdicts and cannot overturn them. Its final report was published on 15 September 2026 and makes findings about institutional failings, not about guilt or innocence.
Frequently asked questions
What is the CCRC's role in the Lucy Letby case?
The Criminal Cases Review Commission is reviewing Lucy Letby's convictions after receiving an application on her behalf. It does not decide guilt or innocence: it can refer a conviction to the Court of Appeal if new evidence or new argument means there is a real possibility that the conviction will not be upheld.
When did the CCRC receive Lucy Letby's application?
The CCRC received a preliminary application on behalf of Lucy Letby on the evening of Monday 3 February 2025 and announced it on 4 February 2025. Further material has been sent to the Commission since; its own chronology, published on 13 February 2026, lists ten entries between 3 February 2025 and 21 January 2026.
Has the CCRC made a decision on Lucy Letby's case?
No decision has been announced. The CCRC describes the review of Ms Letby's convictions as under way, and the Commission has not published a timetable for it.
Does the CCRC decide whether Lucy Letby is guilty?
No. The CCRC has said it is not for the Commission to determine innocence or guilt; that is a matter for the courts. Its role is to investigate and, if appropriate, refer a case to the appellate courts.
Where to follow official updates
- ccrc.gov.uk — the CCRC’s own case-tracker and press releases.
- thirlwall.public-inquiry.uk — Thirlwall Inquiry daily updates.