Commission refers convictions of Gerard Hodgins and Danny Morrison to Northern Ireland Court of Appeal

CRIMINAL CASES REVIEW COMMISSION News Release (CCRC 04/08) issued by The Government News Network on 14 February 2008

The Commission has referred the convictions of Mr Gerard Hodgins and Mr Danny Morrison for false imprisonment to the Northern Ireland Court of Appeal.

Mr Hodgins and Mr Morrison were convicted on 8 May 1991 at Belfast Crown Court and sentenced to 10 years' imprisonment and eight years' imprisonment respectively.

The Crown's case was that Mr Hodgins and Mr Morrison were amongst a number of people who falsely imprisoned Alexander (Sandy) Lynch in Belfast between 5 and 7 January 1990.

Mr Hodgins and Mr Morrison both appealed against conviction but their appeals were dismissed on 7 July 1992.

Both submitted applications to the Commission - Mr Morrison in 2004 and Mr Hodgins in 2007.

Having considered a range of issues, the Commission has now decided to refer both convictions to the Court of Appeal. The reasons for the referrals have been provided in a confidential annex to the Court of Appeal and the Public Prosecution Service.

The nature of the reasons for the referrals means that the Commission has been unable to inform Mr Hodgins, Mr Morrison or their representatives why these cases have been referred.

It will be for the Northern Ireland Court of Appeal to make any further decisions on disclosure.

Mr Hodgins is legally represented by Mr Kevin Winters, Kevin R Winters & Co. Solicitors, 46 Castle Street, Belfast. Tel: 02890 241888.

Mr Morrison is legally represented by Mr P.J. Barra McGrory, P.J. McGrory & Co, 52 Andersonstown Road, Belfast. Tel: 02890 602986.

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. It is based in Birmingham and is funded by the Ministry of Justice.

2. There are 11 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.

3. The Commission receives around 1,000 applications for reviews (convictions and/or sentences) each year. Our current rates of referral are around 4%, which means around one in 25 of all applications are referred to the appeal courts.

4. 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".

5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.