Re M (a minor)

31.10.2019

Citation

(2019) Criminal Cases Review Commission

M, who was minor at the time of conviction and therefore cannot be identified, pleaded not guilty but was convicted at Youth Court in 2015 on two counts of sexual offences against another minor. M was sentenced to a youth rehabilitation order and a sexual harm prevention order.

M tried to appeal against the conviction but was unsuccessful. They applied to the CCRC for a review of their conviction.

An initial application was made to the CCRC, which resulted in a negative Provisional Statement of Reasons.

Stephen was brought in to draft a response to the Provisional Statement of Reasons.  He identified new potential grounds of appeal and challenged the CCRC’s interpretation of the relevant law on procedure.

Having reviewed the Response to the Provisional Statement of Reasons, the CCRC decided to refer the conviction for appeal at the Crown Court because it considered there was a real possibility that the appeal will succeed.

When the case was referred back to the appeal court, the CPS offered no evidence, and the conviction was quashed.

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