COMM REFERS CONVICTIONS OF MAN FOR RAPE AND INDECENT ASSUALT

29 Jan 2004 11:45 AM

The Criminal Cases Review Commission has referred the conviction of Mr Paul Arthur Oakley for rape and indecent assault back the Court of Appeal.

On 7 December 1999 at Birmingham Crown Court Mr Oakley was convicted of two counts of rape and sentenced to 10 and 8 years to run concurrently, and four counts of indecent assault with three-year concurrent sentences.

Mr Oakley sought leave to appeal against his conviction and sentence, but a single judge refused his application on 8 August 2000. On 15 February 2001 the Full Court considered a renewed application. It was refused.

The Commission received an application for a review of his conviction by Mr Oakley on 28 March 2001 and has now decided to refer the case back to the Court of Appeal.

NOTES TO EDITORS

1. The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland.

2. There are fourteen Commission Members who bring to the Commission considerable experience from a wide variety of backgrounds. Appointments to the Commission are made in accordance with the Neill Committee's recommendations.

3. Any decision to refer a case to the relevant court of appeal has to be taken by a committee of at least three Members.

4. The Commission considers whether or not there is a real possibility that the conviction, finding, verdict or sentence would not be upheld were a reference to be made.

Conviction: to establish that there is a real possibility of an appeal succeeding regarding a conviction, there has to be:

- an argument or evidence which has not been raised during the trial or at appeal; or

- exceptional circumstances

Sentence: to establish that there is a real possibility of an appeal succeeding against sentence, there has to be:

- a legal argument or information about the individual, or the offence, which was not raised in court during the trial or at appeal.

5. Other than in exceptional circumstances, the Commission can only consider cases in which an appeal through the ordinary judicial appeal process has failed.

6. Once a decision is taken to refer a case to the relevant court of appeal, the Commission has no further involvement.