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Illegal entry appeal allowed by the Crown Court

Published:

An illegal entry conviction has been quashed by Maidstone Crown Court after being referred by the Criminal Cases Review Commission.  

Fouad Kakaei was convicted in December 2019 of entering the United Kingdom illegally, breaching immigration law. He was sentenced to four months imprisonment.  

Mr Kakaei applied to the CCRC in August 2021, and after a thorough review of the case, the CCRC considered the prosecution case was a misunderstanding of UK law, and had the correct legal position been applied no proceedings would have been brought against him. 

The CCRC referral was on 1 December 2023, and the Crown Court quashed the conviction on 25 April 2024.  

[ENDS]  

Notes to Editor:  

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.       
  1. There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.    
  1. The CCRC receives around 1,600 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.       
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.      
  1. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.      
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate.