Mr AS

Mr AS was convicted in December 1998 of rape, indecent assault, and taking an indecent photograph of a child.

Mr AS received a sentence of 12 years’ imprisonment and an order extending the licence period applicable to 12 years.

The CCRC received an application for review of the sentence in September 2001.

Mr AS had been sentenced in respect of offences that were committed between 1975 and 1993.

Following review, the CCRC concluded that there was a real possibility the Court of Appeal would regard the order imposing an extended licence period as being in breach of an established principle of common law, namely that in the absence of express provisions statutory changes to sentencing law are not retroactive.

In the view of the CCRC, the extended licence period was likely imposed in respect of, or with reference to, the more serious rape offences.

These pre-dated the Criminal Justice Act 1991, under which the sentencing judge had made the order extending the licence period.

Accordingly, there was a real possibility the Court of Appeal would quash the order.

The CCRC referred the sentence in July 2004.

The appeal was later abandoned.