Hanif, Illyas

Illyas Hanif and his co-defendant, Bakish Allah Khan, were convicted at Sheffield Crown Court in January 2007 of conspiracy to supply heroin. Mr Khan was sentence to 17 years’ imprisonment and Mr Hanif to eight years’ imprisonment.

Both men appealed against their convictions but their appeals were dismissed.

Both men then applied to the European Court of Human Rights (ECtHR). Judgment was handed down 20 December 2011. The ECtHR considered the implications of the presence of a police officer on the jury, in circumstances where there was a significant challenge to the evidence to be given by police officers and where the juror knew one of the police officers giving evidence.

It concluded that there was a violation of Article 6§1 of the European Convention on Human Rights (ECHR) in that Mr Khan and Mr Hanif were not tried by an impartial tribunal and accordingly did not receive a fair trial.

The government of the United Kingdom did not request that the case be referred to the Grand Chamber and accordingly the decision of the ECtHR became final on 20th March 2012.

The CCRC received an application for review of the convictions in July 2012.

Having reviewed the case, the CCRC decided to refer the convictions to the Court of Appeal because it considered that the conclusion of the ECtHR raised a real possibility that the Court of Appeal would quash the convictions.

The CCRC referred the conviction in August 2013.

The Court of Appeal quashed the conviction in July 2014 and ordered a retrial.