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The Decision Process
Once the Committee (consisting of two Board Members and the Chief Executive) is content with a draft statement of reasons, the case is submitted to the Board of the Commission for decision. The Legal Officer will present the case to the Board and the Committee Members are available to answer any questions that the Board may have concerning the review of the case. The Board will discuss the case in full and decide whether the case should be referred to the High Court.
If the Board decides that the case will be referred to the High Court, we will issue the statement of reasons for referral to the High Court. This will also be copied to the applicant, his/her representative (if any) and the Crown. The fact that we have referred a case is no guarantee that the appeal will be successful. A referral from the Commission is simply saying to the High Court that there may have been a miscarriage of justice and it is in the interests of justice for the Court to consider the case.
If the Board decides that the case should not be referred to the High Court, an statement of reasons for this decision will be issued to the applicant and his/her representative (if any). The applicant will then be given a period of 21 days in which to submit any further representations to the Commission. The Board of the Commission will consider all requests to extend the 21 day period and will normally allow this period to be extended if required. If the applicant does not submit any further representations, a final letter will be issued after the 21 day period has expired, stating that we have decided finally not to refer the case. If further representations are submitted these will be considered by the Board and a decision taken on whether or not the representations and subsequent investigation (if any) affect the Board’s decision not to refer. If the Board is of the view that no further issues have been raised which cause the Board to believe that a miscarriage of justice may have occurred then a final letter refusing to refer the case will be issued.
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