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CCRC refers sexual offence convictions as new evidence undermines complainant’s account 

Published:

The Criminal Cases Review Commission (CCRC) has referred a man’s convictions for child sexual offences to the Court of Appeal because new information undermines the credibility and reliability of the complainant’s account. 

Mr HS was convicted in 2017 at Swansea Crown Court of four counts of sexual assault of a child under 13, four counts of causing or inciting a child under 13 to engage in sexual activity, and three counts of attempted rape of a child under 13. He was sentenced to an extended sentence of 16 years, comprising 15 years’ imprisonment with an extended licence period of one year. 

There was a single complainant who alleged the offences occurred when she was in Mr HS’ company between 2005 and 2010. The complainant was aged 5 to 11 at the time of the alleged offences, and she disclosed the offences at the age of 15. 

The prosecution case relied on evidence from the complainant and from those to whom she had made her disclosures. Mr HS gave evidence in his defence, denying any sexual activity with the complainant, but was convicted. 

In March 2018, the Single Judge refused Mr HS permission to appeal against conviction and sentence. He did not renew his application to the Full Court.  The CCRC received an application to review the conviction in February 2023. 

During its review, the CCRC considered post-trial evidence that could significantly undermine the credibility and reliability of the complainant’s account. 

The account given by the complainant at trial was the prosecution’s main evidence in this case. Consequently, the credibility and reliability of this account was, and remains, fundamental to the safety of Mr HS’ convictions. 

The CCRC has found that based on this new evidence, there is a real possibility that the convictions will not be upheld and is referring them to the Court of Appeal. 

[ENDS] 

Notes to editors: 

  1. Identities in this media release have been anonymised to protect the identity of the complainant. 
  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 1,500 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.     
  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.