CRIMINAL CASES REVIEW
COMMISSION News Release (CCRC 18/07) issued by The Government News
Network on 5 July 2007
The Criminal Cases
Review Commission has referred the convictions of Martin Hammill
for unlawful sexual intercourse and indecent assault to the Court
of Appeal.
On 31 March 2000 at Newcastle Crown Court, Mr Hammill was
convicted of unlawful sexual intercourse and three charges of
indecent assault. He was sentenced to 12 months'
imprisonment for the unlawful sexual intercourse, and three months
in prison for the indecent assaults, all suspended for two years.
Mr Hammill was also required to be placed on what is commonly
referred to as the sex offenders' register for a period of 10 years.
Mr Hammill's appeal against conviction was heard on 15
August 2001 by the full court and dismissed. On 25 July 2003, the
Commission received an application from Martin Hammill for a
review of his conviction and sentence.
The Commission has decided to refer the conviction to the Court
of Appeal having considered all the circumstances of the case,
including whether, in light of developments in the law, Mr Hammill
could be regarded as having received a fair trial. The Commission
has decided there is a real possibility that the Court of Appeal
would quash the conviction.
Mr Hammill is represented by Mr Lewis Pearson, Pearson Caulfield
solicitors, Newgate Chambers, 1 Newgate Street, Newcastle upon
Tyne, NE1 5RE, tel 0191 261 8878.
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 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, based in Birmingham, has a staff of 100 and is
funded by the Ministry of Justice.
4. Cases are investigated by Case Review Managers. The Commission
has 47 Case Review Managers and receives around 1,000 applications
for reviews each year.
5. Any decision to refer a case to the relevant court of appeal
has to be taken by a committee of at least three Commissioners.
6. 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. A case can be referred in the absence of
new evidence or argument or an earlier appeal only if there are
"exceptional circumstances".
7. The Commission may decide in its discretion not to refer a
case even where the "real possibility" test is satisfied.
8. Once a decision is taken to refer a case to the relevant court
of appeal, the Commission usually has no further involvement.