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© Copyright, Criminal Cases Review Commission 2026.

Rape conviction referred because Crown Court did not have jurisdiction to hear case

Published:

A man’s rape conviction has been sent to the Court of Appeal by the Criminal Cases Review Commission (CCRC) because there is a real possibility the court will conclude that a Crown Court had no jurisdiction to try the defendant for the offence in the first place. 

Mr HY was convicted in late 2023 at the Crown Court of rape and other offences. He was jailed for 11 years.  The rape for which Mr HY was convicted was reported to have occurred outside of the United Kingdom. 

Mr HY applied for leave to appeal his conviction, but this was dismissed by the Single Judge, and he did not renew his application to the Full Court. He applied to the CCRC in January last year [2025].  

Following a review, the CCRC has concluded that prior to 29 June 2021 the Crown Court in England and Wales did not have jurisdiction to try a defendant for rape of an adult complainant under section 1 of the Sexual Offences Act 2003 where the alleged offence occurred outside the United Kingdom. This is a new legal argument not raised in the original proceedings.  

The CCRC considers there to be a real possibility that on this basis the Court of Appeal will conclude that the Crown Court did not have jurisdiction to try Mr HY for the rape for which he was convicted and therefore will not uphold his conviction.  

[ENDS] 

Notes to editors: 

  1. This press release has been anonymised because of safeguarding concerns.  
  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 ten 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.  
  1. The CCRC usually 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.     
  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 X, Facebook, Instagram (@the_ccrc) and Linkedin.