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CCRC refers child sexual abuse convictions to the Court of Appeal  

Published:

The Criminal Cases Review Commission (CCRC) has referred four convictions of child sexual abuse to the Court of Appeal on the basis that there was insufficient evidence and because the jury at trial had not been properly directed.  

Mr HN was convicted on 2 July 2021 at Leicester Crown Court of 18 counts of child sexual abuse. He received an extended sentence of 22 years’ imprisonment, comprising a custodial term of 18 years and an extended licence period of four years.  

The alleged abuse occurred when the complainant was between the ages of 11 and 18. At trial, the prosecution relied predominantly on the evidence of the complainant, as well as evidence of complaint from family members. Mr HN gave evidence in his defence and denied that any sexual abuse had ever taken place.  

An application for leave to appeal was refused by the Single Judge in December 2021 and a renewed application to the Full Court was rejected in February 2022. Mr HN applied to the CCRC in September 2022. 

Following a thorough review, the CCRC has decided to refer four of Mr HN’s 18 convictions to the Court of Appeal. These comprise two counts of sexual assault of a child under 13 and two counts of rape of a child under 13. 

The convictions are being referred on the grounds that there was insufficient evidence that the complainant was under the age of 13 at the relevant time and that the jury were not properly directed in respect of two counts of sexual assault. 

There is therefore a real possibility that these convictions will not be upheld by the Court of Appeal. 

[ENDS] 

Notes to Editors: 

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently 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.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC 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”.       
  1. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.     
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.