Potential jury misdirection results in conviction being referred back to the courts
The Criminal Cases Review Commission (CCRC) has referred a 2015 conviction for review by the Court of Appeal due to questions around how a judge directed the jury during the trial.
The 2015 trial saw a man (‘Mr L’) convicted of a sexual offence and sentenced to nine years in prison. The applicant’s identity has been anonymised due to it potentially identifying others in the case.
During a trial, a judge is expected to direct a jury that the significant distress of a person when giving evidence should not be interpreted as supportive of the allegation.
This press release was issued by the Communications Team, Criminal Cases Review Commission. They can be contacted by phone on: 0121 232 0900 or by email: firstname.lastname@example.org.
Notes to Editors
- 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.
- There are currently 11 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.
- The CCRC usually receives around 1,400 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.
- 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”.
- If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
- 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 and Instagram the_ccrc