Mr AY

Mr AY was convicted in March 2003 of possession of indecent photography of children and handling stolen goods.

Mr AY received a sentence of 12 months’ imprisonment, an extension period of 12 months’ licence with the condition that he must attend a Sex Rehabilitation Scheme, and was placed on the sex offenders’ register. Mr AY was also ordered to forfeit his computer equipment.

The Criminal Appeal Office contacted the CCRC in October 2004 advising that the court could not deal with Mr AY’s case unless it was referred back by the CCRC.

Mr AY had been convicted of two counts of possessing indecent photographs of children.

The trial judge, believing this to be a “sexual or violent offence” for the purposes of section 85 of the Powers of Criminal Courts (sentencing) Act 2000, purported to pass an extended sentence (during which Mr AY was released on licence) consecutive to the custodial sentence.

Mr AY was released from prison having served one half of the sentence but committed further (similar) offences before the expiry of the period for which he was subject to recall as a result of the extended sentence.

As a result, he was subject to administrative recall to serve the unexpired part of his custodial sentence.

Following review, the CCRC concluded that the offence committed was not, in fact, a “sexual or violent” offence as defined by the 2000 Act, so the extended sentence was a nullity.

The further offending had, therefore, occurred after Mr AY ceased to be in jeopardy.

The CCRC referred the sentence in October 2004.

The Court of Appeal reduced the sentence in October 2004.