Contribution
I will not, as unfortunately we are tight on time. My apologies.
First, in the area of expert evidence, the criminal procedure rules apply the common law principles that govern the admissibility of expert witness and provide a structured framework for expert witnesses and the courts to follow. They cover expert witnesses and how medical reports are commissioned, and the “Criminal Practice Directions 2023” provide detailed guidance on expert evidence. All of those are followed for every criminal proceeding where it is relevant. Like all criminal procedure rules, they are regularly reviewed by the Criminal Procedure Rule Committee. The committee is made up of legal experts appointed by the Lord Chancellor in consultation with the Lady Chief Justice, and its role is to make the criminal justice system as accessible, fair and efficient as possible.
The rules outline that expert evidence is admissible only if
“the witness is competent to give that opinion”
and
“the expert opinion is sufficiently reliable to be admitted.”
They further state that the expert witness must provide the court with the necessary scientific criteria against which to judge their conclusions and must give notice of anything that might undermine the reliability of the evidence or detract from the impartiality or credibility of their evidence. Expert witnesses are required to sign a declaration of truth to that effect.
The right to a fair trial by jury in the most serious cases is a fundamental principle of the justice system. It is designed to protect the rights of the defendant and to ensure thorough examination of the evidence. That includes the presentation of evidence by both the prosecution and the defence; the examination and cross-examination of witnesses; and the impartial judgment of the jury. Where scientific evidence is presented, the judiciary utilises judicial primers written by leading scientists, peer reviewed by scientists and legal practitioners, and approved by the councils of the Royal Society and the Royal Society of Edinburgh. While I note the concerns raised about the trial process as set out, the jury considered all the evidence put before them and made their determination.
Secondly, I turn to the appeals process in the criminal justice system. Following Miss Letby’s first permission to appeal application, the Court of Appeal heard legal argument over several days on a number of grounds and issued a detailed 58-page judgment setting out why permission to appeal was refused. That included the trial judge’s handling of the arguments raised by the defence as to Dr Evans’s evidence.
It is not appropriate for me or the Government to comment on judicial processes, nor on the reliability of convictions or evidence. Furthermore, the criminal justice system provides a route through the Criminal Cases Review Commission for those who believe that they have been wrongfully convicted and the appeal system has been exhausted. The CCRC is an independent body, and it reviews any applications made to it according to its statutory role and procedures. Its role is to investigate cases where people believe they have been wrongly convicted and to refer cases back to the Court of Appeal where it believes that there is a real possibility of a conviction not being upheld.
Miss Letby, as with any other convicted person who maintains their innocence following a refusal to appeal, is able to apply to the CCRC. The decision on whether to seek a review from the CCRC is a matter for Miss Letby and her legal team.
Thirdly, it is relevant to take into account that the Thirlwall inquiry was established in October 2023, chaired by Lady Justice Thirlwall—one of the country’s most senior judges—and that that is ongoing. The inquiry is purposefully set up to be independent from Government, and it will play an important role in identifying learnings following events at the Countess of Chester hospital, contributing to the future of patient safety. It will cover the experiences of the parents of the babies named in the indictment, the conduct of staff management and governance processes, and the effectiveness of governance, external scrutiny, and the professional regulation of keeping babies in hospital safe, including consideration of the NHS culture. The inquiry will examine not the conviction, but rather the response of individuals within the trust based on what they knew or should have known at the time of the events when they occurred. Lady Justice Thirlwall made that clear in her remarks when opening the hearings. A statutory inquiry cannot apportion civil or criminal liability and will not review the jury’s findings.
It is, of course, open to the experts to contact the inquiry directly and seek to participate through the provision of evidence for the inquiry’s consideration. It is then for the chair to manage the inquiry as she considers appropriate to deliver the public terms of reference, which were agreed in consultation with the families and other stakeholders. The chair will consider all relevant available evidence when drawing conclusions and when writing her report and recommendations in due course. Given the importance of the inquiry, I am sure it is appreciated that it must have space to gather evidence from the various stakeholders and to draw its own findings without ministerial involvement.
The criminal justice system has well-established processes and procedures for how expert evidence is used, and routes to challenge if any individual, including Miss Letby, maintains their innocence.