Huxham, Peter
Peter Huxham was convicted in March 2010 of fraud by false representation and received a sentence of eight months’ imprisonment.
The CCRC received an application for review of the conviction in October 2021.
This was one of the CCRC’s “Post Office” cases, referred on the basis that the prosecution amounted to an abuse of process and that therefore there was a real possibility the appellate court would not uphold the conviction.
You can find out more about Post Office / Horizon cases on the CCRC’s dedicated hub.
You can also find a long read on Post Office cases here.
The CCRC referred the conviction in November 2023.
Mr Huxham pleaded guilty in Magistrates’ Court and sadly passed away following his application to the CCRC.
Whilst the CCRC had made posthumous referrals to the Court of Appeal, there was some ambiguity around the position for posthumous references for summary convictions and whether the Crown Court had any power to correct a miscarriage of justice.
The CCRC considered whether it could refer a summary conviction in these circumstances, concluding that there was a real possibility the Criminal Appeal Act 1995 enabled the Crown Court to hear such an appeal if it was a result of a CCRC reference.
The CCRC felt it important for the issue to be considered by the Court and for Mr Huxham’s family to have an opportunity to appeal against the conviction.