Criminal Cases Review Commission
Commission refers the life sentence in the attempted murder of case of C, a minor
The Criminal Cases Review Commission has referred for appeal the life sentence for attempted murder imposed on Mr C when he was 16 years old.
C was a minor when he pleaded guilty in 2013 to the attempted murder of another minor. He was sentenced to detention for life with a minimum tariff of seven years.
C was granted leave to appeal his sentence but the Court of Appeal concluded that it was not manifestly excessive. He applied to the CCRC for a review of his sentence in 2018.
The CCRC has decided to refer C’s sentence for appeal because it considers there is a real possibility that the Court of Appeal will replace the sentence with an order under sections 37 and 41 of the Mental Health Act 1983.
The referral is based on new medical evidence relating to C’s mental state at the time of the offence which in the Commission’s view means there is a real possibility the Court of Appeal will conclude that a discretionary life sentence was wrong in principle and that a restricted hospital order would have been, and remains, the most appropriate sentence.
C was represented in his application to the CCRC by Dr L. Janes, Scott-Moncrieff & Associates, Solicitors, 88 Kingsway, Holborn, London, WC2B 6AA.
This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 0121 633 1806 or e-mail email@example.com
Notes for Editors
- The Commission 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 13 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
- The Commission 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 Commission 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 Commission can be found on Twitter using @ccrcupdate
Latest News from
Criminal Cases Review Commission
CCRC ‘delighted’ that member of the ‘Stockwell Six’ found following appeal27/07/2021 12:20:00
The Criminal Cases Review Commission (CCRC) has managed to trace a missing member of ‘The Stockwell Six’ after launching a recent appeal to find two more men they believe were also wrongly convicted.
CCRC releases response to Independent Criminal Legal Aid review: ‘improving the availability and delivery of high-quality legal advice is important for potential applicants’16/06/2021 12:25:00
Following its recent response to the University of Sussex report on legal aid, the CCRC has also fed into the consultation on the same topic – led by the Independent Criminal Legal Aid Review (ICLAR).
Criminal Cases Review Commission says ‘urgent improvements needed in legal aid funding’ in response to University of Sussex research report09/06/2021 09:20:00
After the University of Sussex published its findings into legal aid last month, the Criminal Cases Review Commission (CCRC) recently (07 June 2021) shared its official response to the recommendations made.
CCRC releases official response to the Westminster Commission report03/06/2021 10:10:00
The Criminal Cases Review Commission (CCRC) has published its response to the Westminster Commission’s report: “In the Interests of Justice – An inquiry into the Criminal Cases Review Commission”.
Three new Commissioners appointed to the Criminal Cases Review Commission24/05/2021 11:43:00
Three new Commissioners have been appointed to the Criminal Cases Review Commission (CCRC).
Spotlight on legal aid in commissioned report published by Sussex University20/05/2021 11:05:00
An insightful report: “The Criminal Cases Review Commission: Legal Aid and Legal Representatives,” has been published by Sussex University, after the Criminal Cases Review Commission (CCRC) called for research exploring the effects of legal aid changes on applications made to the CCRC.
39 Convictions Quashed in Post Office Cases23/04/2021 13:30:00
The Court of Appeal has today (Friday 23 April) quashed the convictions in 39 Post Office cases after they were referred for appeal by the Criminal Cases Review Commission (CCRC). The Court concluded that failures of investigation and disclosure by Post Office Limited were “so egregious as to make the prosecution of any of the Horizon cases an affront to the conscience of the court”.
CCRC Response to Report of Westminster Commission on Miscarriages of Justice05/03/2021 14:10:00
The Criminal Cases Review Commission (‘CCRC’) welcomes the publication today of the Westminster Commission’s report: “In the Interests of Justice – An inquiry into the Criminal Cases Review Commission”.