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Convictions referred to Northern Ireland Court of Appeal due to ‘inhuman and degrading’ treatment in custody 

Published:

A man’s three convictions have been referred by the Criminal Cases Review Commission (CCRC) to the Northern Ireland Court of Appeal after evidence suggested there was the use of torture or inhuman and degrading treatment to procure a confession.  

Patrick O’Neill was convicted in 1972 for possessing ammunition with intent, possessing ammunition without a certificate and possessing explosives with intent to endanger life. He was sentenced to a total of 15 years’ imprisonment.  

In November 1971 Mr O’Neill was approached by two Scots Guards while in a car outside an address in Belfast. He claimed he was waiting for someone at the property. They denied knowing Mr O’Neill, and after his car was searched 700 rounds of ammunition were said to have been found in a concealed compartment on the driver’s side.  

The following day, his family farm was searched where a quantity of arms was found. 

After being transferred to Palace Barracks in Holywood, he was interrogated on six occasions with no solicitor present. He was subsequently medically examined, and several injuries were noted.  

A detective said they had spoken to Mr O’Neill, and he had admitted being fully responsible for the ammunition but had declined to make a written statement.  

Mr O’Neill’s representatives applied to the CCRC in June 2019. The CCRC has referred the case on the basis of executive misconduct, inadmissibility of confession evidence and insufficient evidence absent of a confession. 

The CCRC now considers there is a real possibility the convictions will not be upheld and has referred them to the Court of Appeal.  

[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 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 Facebook, Instagram (@the_ccrc) and Linkedin.