A sex offender's sentence has been referred the Court of Appeal by the Criminal Cases Review Commission (CCRC) as time he had spent on bail with a qualifying curfew wasn't taken into consideration.
George Moseley was convicted at St Albans Crown Court of several sex offences, including rape, in March 2014. He was sentenced to 23 years imprisonment.
Mr Moseley applied to the CCRC in July 2022 in relation to his sentence. His convictions are not being referred.
Mr Moseley spent 202 days on qualifying curfew monitored by an electronic tag before he was sentenced.
Under the provisions of section 240A of the Criminal Justice Act 2003, he should be entitled to have half a day per qualifying day counted against his sentence, but this credit was not deducted.
This issue was not raised at the time of sentencing, and so the CCRC has concluded there is a real possibility that the Court of Appeal will reduce Mr Moseley's sentence in relation to the number of days he spent on qualifying curfew.
Notes to Editors:
- 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.
- There are currently 10 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. The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.
- The CCRC 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.
- The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal. Applicants should usually have appealed first. A sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.
- If a case is referred, it is then for the appeal court to decide whether the sentence is unfair.
- 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 Twitter @ccrcupdate.