The Criminal Cases Review Commission (CCRC) has referred a sexual offences case to the Court of Appeal.
Mr AW was convicted of sexual offences including rape in March 2016 and was sentenced to a total of seven years' imprisonment.
The basis of the prosecution case was the complainant's account of the events that took place. Mr AW denied the offences, and the defence argued the complainant was an unreliable witness.
Mr AW applied to the CCRC in August 2020. After analysing material from the police and other public bodies it has been determined there is a real possibility that the conviction may be overturned by the Court of Appeal.
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Notes to Editors:
1. The CCRC has anonymised this press release due to reporting restrictions.
2.The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently investigating 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.
3. 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.
4. The CCRC usually 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.
5. 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”.
6. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
7. 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.