WIREDGOV

A man’s convictions and sentence have been referred to the Crown Court after the Criminal Cases Review Commission (CCRC) discovered important evidence in a report which was not disclosed to the defence. 

Matthew Betts was found guilty of two counts of assault by beating at St Albans Magistrates’ Court in January 2020. He was sentenced to two fines and a restraining order in respect of the victim. 

The offences occurred in January and February 2019 and Mr Betts had been arrested in March 2019 and questioned by police.  

After he was convicted, Mr Betts applied to the Crown Court to apply for an extension of time to appeal his conviction. This was refused in September 2021. 

Mr Betts applied to the CCRC in November 2021 with four submissions, which included details about the victim’s interview with the police, where she allegedly said she did not want to make any allegations against him. 

During the detailed review by the CCRC a report was discovered that was not disclosed to Mr Betts’ defence at the time of his conviction. The report included three individual accounts of the incident, which had they been made available previously would have assisted Mr Betts’ defence. 

Importantly, there were discrepancies between the undisclosed accounts by the prosecution witnesses, and the disclosed accounts. 

The CCRC has now concluded that if there were to be a re-hearing of Mr Betts’ case at the Crown Court, there is a real possibility he would not be convicted of either of the two offences. 

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.     

2. 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.   

3. The CCRC usually receives around 1,600 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.     

4. 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”.       

5. If a conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction 

6. 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.