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Convictions for false imprisonment and sexual offences referred to the Court of Appeal 

Published:

A man’s convictions for false imprisonment and two counts of rape have been referred to the Court of Appeal by the Criminal Cases Review Commission after new details emerged about his police interview and evidence from his mobile phone.  

Ted Patrick was convicted in June 2015 and was sentenced to 20 years’ imprisonment (15 years’ imprisonment plus five years extended license). 

Mr Patrick attempted to appeal his convictions, but this was rejected by the Full Court in November 2018. 

The CCRC received an application in 2021, and in September 2023 a provisional decision was made not to refer the case. However, Mr Patrick’s representatives sent further submissions for the CCRC to consider. Having carefully considered those arguments, the CCRC has decided that there is a real possibility that the Court of Appeal would now quash Mr Patrick’s convictions. 

At trial Mr Patrick was cross-examined on an apparent inconsistency between his evidence and the account he gave to the police in interview. As part of its investigation, the CCRC obtained the original recording of Mr Patrick’s police interview and instructed forensic speech and acoustics experts to review it. This revealed a significant error in the transcript which the CCRC believes may impact the safety of Mr Patrick’s convictions. 

Mr Patrick’s application also raised a newly discovered recording on his mobile phone, which the CCRC considers runs counter to the prosecution’s case at trial.  

[ENDS] 

Notes to Editor:  

  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 nine Commissioners who bring to the CCRC experience from a 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 Twitter @ccrcupdate.