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CCRC: England and Wales Crown Court had no jurisdiction over foreign holiday destination

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The court of appeal today quashed a jury’s finding of guilt on a rape charge because the Crown Court which heard the trial had no jurisdiction to do so.

Despite hearing argument on the point, a Crown Court Judge determined that the Court was able to hear the case and ultimately sentenced the applicant to five years imprisonment on the charge of rape, in addition to shorter sentences to be served on other charges. The events alleged against him had taken place at an overseas holiday destination which the applicant had visited with his then partner.

Mr HY was convicted at the Crown Court in late 2023 and was jailed for 11 years. He applied to the Criminal Cases Review Commission (CCRC) in January last year. The CCRC referred his case at the beginning of this year.

The CCRC, in reviewing the case, disagreed on the jurisdiction point, and determined that there was a real possibility that the conviction would be quashed. It is believed today’s hearing, quashing the conviction took place before the applicant had begun to serve the part of his sentence, in respect of the rape allegation.

CCRC Chair Dame Vera Baird KC said: “Mr HY applied to the CCRC in January 2025 and the CCRC review found 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. I believe the applicant has not yet begun to serve the extra sentence he received, in respect of this offence.”

[ENDS]

Notes to editors: 

  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.     
  2. There are currently 16 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.  
  3. 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.     
  4. The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.  Applicants should usually have appealed first. A sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.    
  5. If a case is referred, it is then for the appeal court to decide whether the sentence should be changed.       
  6. 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.