Lowe, Paul

Paul Lowe was convicted in December 2000 of conspiracy to supply controlled drugs and received a sentence of 24 years’ imprisonment.

The CCRC received an application for review of the conviction in January 2004.

At trial, the prosecution’s case had been based on the observations and results of an undercover police operation, Operation Kingsway, carried out by the Major Crime Unit of the Merseyside Police.

Mr Lowe’s application was based on the proposition that his conviction was unsafe by virtue of the trial judge’s misdirection relating to “adverse inferences” from Mr Lowe’s silences in police interview.

Following review, the CCRC concluded that whilst the judge gave an adverse inference direction, it was deficient when compared with the Judicial Studies Board (JSB) guidelines then in use.

There were a limited number of key facts which Mr Lowe had failed to mention in interview but on which he relied at trial. With the exception of one example, the judge failed to identify those facts.

The judge also failed to identify those facts which could not be considered for the purpose of drawing adverse inferences.

The judge left the impression that adverse inferences could be drawn from all facts not mentioned at interview.

Furthermore, the judge’s direction failed to deal adequately with the burden and standard of proof on this issue and the fact that the defendant was entitled to remain silent.

Considering these and other deficiencies, the CCRC concluded that there had been a misdirection in accordance with the JSB guidelines and that this misdirection was fundamental to how the jury considered its task.

The CCRC referred the conviction in June 2006.

The Court of Appeal upheld the conviction in March 2007.