Mr FP
Mr FP appeared at Lewes Crown Court in April 2007 charged with causing a child to watch a sexual act, contrary to section 12(1) of the Sexual Offences Act 2003 and with sexual activity with a child, contrary to section 9(1) and (2) of the Sexual Offences Act 2003.
He pleaded not guilty but was convicted and sentenced to a total of four years’ imprisonment and ordered to remain on the Sex Offenders’ Register indefinitely.
Mr FP tried to appeal but his application for leave to appeal was dismissed in September 2007. He applied to the CCRC in January 2012.
During the course of its detailed review of the case, the CCRC used its statutory powers to obtain information from a number of sources.
During analysis of the CPS correspondence, and Social Services and Child Protection Team files, the CCRC identified a body of relevant information that had not been disclosed to the defence at the time of the trial of appeal, despite specific requests.
This material contained information bearing on the reliability of the complainant. This included previous allegations of sexual abuse which had led to no further action. The evidence also revealed discrepancies between the complainant’s accounts.
This raised a real possibility the Court of Appeal would find Mr FP’s conviction unsafe.
The CCRC referred the conviction in December 2017.
The Court of Appeal upheld the conviction in October 2018.