The Criminal Cases Review Commission has referred the forgery conviction of Gillian Clemo to the Court of Appeal.
Following a retrial, Ms Clemo was convicted in May 2011 at Newport Crown Court of Using a False Instrument with Intent, contrary to section 3 of the Forgery and Counterfeiting Act 1981. Ms Clemo was sentenced to a £1,000 fine with £7,500 prosecution costs and £15 Victim Impact Surcharge. The charges related to the alleged forging of a will.
Ms Clemo sought to appeal against the conviction in January 2012, but the application for leave to appeal was dismissed.
Having considered the case in detail, the Commission has decided to refer Ms Clemo’s conviction to the Court of Appeal. The referral is made on the basis of new evidence, including new handwriting evidence and the discovery of another complete copy of the will in question, raises a real possibility that the Court of Appeal will now quash Ms Clemo’s conviction.
Ms Clemo is represented by Corker Binning 12, Devereux Court, Strand, London, WC2R 3JJ.
This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 0121 232 0906 or e-mail email@example.com
Notes for Editors
- The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for 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 10 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
- The Commission usually receives around 1,000 applications for reviews (convictions and/or sentences) each year. Typically, around 4%, or one in 25, of all applications are referred to the appeal courts.
- The Commission 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 case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.