Mr W

Mr W was convicted in November 1994 of rape and indecent assault and received a sentence of nine years’ imprisonment.

The CCRC inherited an application for review of the conviction from the Home Office in March 1997.

The charges against Mr W concerned events which were said to have occurred between November 1969 and November 1978.

They therefore began approximately 23 years – and ended approximately 14 years – before the date of the complaint.

The CCRC considered that this delay may have been prejudicial to the conduct of Mr W’s defence and that the passage of time rendered an active defence impossible.

The CCRC concluded that Mr W bore no responsibility for the delay and found nothing to suggest that an application was made on his behalf for a stay of proceedings on the grounds of abuse of process.

The CCRC also considered that the judge in his summing up did not give the jury sufficient warning and directions about the difficulties faced by a defendant in contesting historic abuse allegations.

The CCRC referred the conviction in October 1998.

The Court of Appeal upheld the conviction in July 1999.