The Criminal Cases Review Commission (CCRC) has referred an illegal entry conviction to the Crown Court.
In December 2019 Fouad Kakaei was convicted at Medway Magistrates' Court, Kent of entering the United Kingdom illegally, breaching immigration law. He was sentenced to four months imprisonment.
In August 2021 Mr Kakaei applied to the CCRC to review his conviction for illegal entry and after a thorough review of his case, the CCRC has decided to refer his conviction to the Crown Court.
The CCRC consider that the prosecution case in December 2019 was based on a misunderstanding of the UK law as it stood at the time of his arrival into the United Kingdom, and had the correct legal position been applied no prosecution proceedings would have been brought against him.
Notes to Editors
- The CCRC cannot publicise operational detail about investigations and is bound by legal limitation on what we can share publicly from our case reviews (see section 23 of Criminal Appeal Act 1995).
- 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 11 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the King on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments' Code of Practice.
- The CCRC usually receives around 1,400 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 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”.
- If a case is referred, it is then for the appeal court to decide whether or not to uphold the conviction or sentence.
- 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 and Instagram the_ccrc