Can Lucy Letby appeal conviction? Options explained after CPS admits 'mistakes' in trial
The convicted killer may be able to appeal her verdict - but only if one crucial condition is met.
After it emerged that the Crown Prosecution Service (CPS) admitted that it made mistakes during Lucy Letby's first trial, legal experts have weighed in to unpick whether or not she can appeal her whole life order for the murder of seven babies.
Evidence presented during Letby's trial, which showed the times staff had entered and left a baby unit where she worked, was inaccurate, according to the CPS.
The revelations came to light during a recent retrial, which found that Letby was guilty of the attempted murder of another child: Baby K.
Nick Johnson KC, representing the prosecution, made the bombshell announcement that the records detailing the times at which nurses and doctors entered and left the intensive care ward were "mislabelled".
The CPS later disclosed that this fault concerned just one particular door within the unit, assuring that the data was rectified ahead of the retrial.
What can Lucy Letby do now?
The convicted baby killer may be able to appeal, but according to legal experts only if her lawyers can demonstrate the jury was significantly misled during her trial.
The 34-year-old ex-nurse could try her luck with the Criminal Cases Review Commission (CCRC), a body which has the power to return cases to the appeal court.
However, legal experts don't believe the key card error would be sufficient to spring the CCRC into action.
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Joseph Kotrie-Monson, criminal defence lawyer at Mary Monson Solicitors, said, according to The Times: “It is not enough to show that the CPS has made an error or discrepancy in giving part of its evidence.
“The CCRC would have to be satisfied that the jury had been sufficiently misled, enough to bring into question their original decision about Letby’s guilt. And if the prosecution has already proven the same evidence in other ways, then that would be brought into consideration.”
Earlier, in an interview with LBC, the same lawyer said in relation to the impact of the CPS error in the trial: "It appears that that evidence didn't assist in the conviction, in respect of the murders because it related to the attempted murder."