Mr BD

Mr BD was convicted in July 2001 at Peterborough Crown Court of six counts of indecent assault and received a sentence of four years’ imprisonment.

The prosecution had contended that Mr BD had abused a boy in the late 1980s. The allegations were made against him in 2000.

Mr BD sought leave to appeal out of time. His application was refused by a Single Judge in September 2003 and by the Full Court in March 2004. He applied to the CCRC in April 2004.

Mr BD had not given evidence in court but had relied on recordings of his police interviews.

The Criminal Justice and Public Order Act 1994 provided that where a defendant chose not to give evidence, the jury may draw such inferences as appear proper from this failure.

The Court of Appeal had laid down authoritative guidelines on this in the case of R v Cowan, finding that there were certain “essentials” in the directions to be given to a jury.

The CCRC found that in his directions to the jury at Mr BD’s trial, the judge omitted the fourth essential direction and failed to direct the jury that they should first be satisfied that the prosecution had established a case to answer before drawing any adverse inference from Mr BD’s failure to testify.

The CCRC referred the conviction in March 2005.

The Court of Appeal upheld the conviction in June 2006.