The Criminal Cases Review Commission has referred the sentence of Terence Calder to the Court of Appeal.
Mr Calder pleaded guilty in February 2009 to charges of wounding with intent to cause grievous bodily harm. He was sentenced at Manchester Crown Court to eight years and eight months imprisonment comprising a custodial term of five years and a licence period of three years.
Mr Calder applied to the Commission in relation to his sentence only in March 2011.
Having considered the case, the Commission has decided to refer Mr Calder’s sentence to the Court of Appeal because of an error in calculating the number of days by which the term of imprisonment should have been be reduced because of time spent in custody on remand. The Crown has indicated that it has no objection to the sentence being appropriately varied.
Ordinarily, the matter could be dealt with administratively, but the particular circumstances of this case mean that only the Court of Appeal has power to vary the sentence.
Notes to 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 nine 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 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.
This press release was issued by
Head of Communication,
Criminal Cases Review Commission,
Telephone: 0121 633 1800