Letby’s two previous failed attempts to appeal mean she cannot simply lodge another. Instead, her defence team are attempting to use another route to get a judge to re-examine the case.
They have submitted an application to the Criminal Cases Review Commission (CCRC), an independent public body which examines potential miscarriages of justice.
The CCRC cannot decide whether someone is innocent or guilty but it can refer a case back to the Court of Appeal if it decides that there is a real possibility someone has wrongly been found guilty.
Letby’s legal team will need to show that they have uncovered compelling new evidence indicating that she could be innocent in order to get the case back into court.
That, they say, is what Dr Lee’s findings constitute.
However, it will ultimately be up to the CCRC – and potentially the appeal court – to determine whether that is the case.
The medical evidence against Letby was analysed in depth during her trial and it could be decided that the panel’s arguments were already fully considered and dismissed.
On Tuesday, the CCRC said it had received a “preliminary application” from Letby’s lawyers. Dr Lee said he would not be providing Letby’s legal team with his full report until the end of the month, so it could still be some time before the CCRC reaches a decision.