‘Failure to stop’ conviction referred to Crown Court after evidence analysed by CCRC
A conviction for failing to stop after a road traffic accident has been referred to the Crown Court because evidence suggests the applicant did satisfy the requirement to stop.
Ms V was convicted of failure to stop in January 2023 and was sentenced to a community order, a £120 fine and nine penalty points.
When interviewed by police in May 2022, Ms V provided an account stating she stopped immediately and called 999, requesting an ambulance, after the accident. In her account, Ms V remained at the scene for a significant amount of time.
Ms V was unable to appeal her conviction because she entered a guilty plea at the Magistrates’ Court after legal advice.
Ms V applied to the CCRC in July 2023, and after careful consideration, the CCRC has concluded there is a real possibility the Crown Court will consider Ms V satisfied the requirement to stop under section 170 Road Traffic Act 1988.
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Notes to Editor:
- This press release has been anonymised due to concerns for the welfare of the applicant.
- 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.
- 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.
- The CCRC usually receives around 1,500 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.
- 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”.
- If a conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction.
- 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.