CONVICTION AND SENTENCE OF MR CHRISTOPHER SCOTT PORTER

20 Nov 2003 04:45 PM

The Criminal Cases Review Commission has referred the conviction and sentence of Mr Christopher Scott Porter for rape and assault to the Court of Appeal.

On 13 February 2002 Mr Porter was convicted, at Stoke Crown Court, of rape and assault occasioning actual bodily harm. He was sentenced to 42 months' imprisonment for rape, and six months' for the assault, to run concurrently.

Mr Porter was granted leave to appeal against conviction on 29 April 2002. The appeal was dismissed on 24 July.

Mr Porter applied to the Criminal Cases Review Commission on 30 September 2002. A decision to refer his case was taken on 18 November 2003.

For further information about Mr Porter's case, please contact Mr Paul Housiaux at Lichfield Reynolds Solicitors, 10 Pall Mall, Hanley, Stoke-on-Trent, Staffordshire, ST1 5HG. Tel: 01782 289122.

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.