Why it matters in the Letby case
Public discussion sometimes conflates 'referral', 'acquittal' and 'overturn'. They are different outcomes with different consequences.
Legal explainer
What the Court of Appeal can and cannot do
The Court of Appeal Criminal Division can quash a conviction, order a retrial, or uphold the conviction. It does not itself decide guilt or innocence in the trial sense; it decides whether the conviction is unsafe.
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Prosecution position
The convictions were considered and upheld by the Court of Appeal in 2024, which is the outcome that currently governs.
Expert challenge / post-conviction reading
The post-conviction case is that new material changes what the Court would now be considering. It does not contend that the Court exceeded its powers in 2024.
What remains uncertain
Public discussion frequently conflates referral, quashing and acquittal. Each is a distinct outcome with different consequences, and none of them is a judicial finding of innocence.
Common questions
What can the Court of Appeal actually do?
Quash the conviction, order a retrial, or uphold the conviction. It does not decide guilt or innocence in the trial sense.
What is the difference between referral and overturning?
A referral is the CCRC sending a case to the Court. Overturning is the Court quashing the conviction. The first does not imply the second.
Can the Court substitute its own verdict?
It does not re-weigh the evidence as a jury would. Its question is whether the conviction is unsafe.
Does an unsuccessful appeal end the matter?
No. The CCRC route exists precisely for cases where a direct appeal has failed and new material later emerges.
Related reading
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