CCRC Refers Magistrates' Court Decision to Crown Court for Appeal

The CCRC has referred a Magistrates' Court decision to the Crown Court for appeal.

As previously discussed on Magistrates' Blog, anyone convicted of an offence at the Magistrates' Court has an automatic right to appeal their sentence and/or conviction at the Crown Court.

In order to do this they need to submit an application to the Crown Court within 21 days of their sentencing at the Magistrates' Court. The Crown Court will then reconsider the case de novo (e.g. starting completely from scratch).

In normal circumstances, once the Crown Court has made a decision there is no further right of appeal. However, in exceptional circumstances, it is possible for the Criminal Cases Review Commission (CCRC) to refer the matter back to the Crown Court for a further appeal hearing.

The CCRC has just published details of such an exceptional case.

Shabaz Ahmed was convicted of assault by beating following a trial at Thames Magistrates' Court on 30th August 2016. He was made subject to a community order.

On 23rd January 2017 he appealed his conviction at Snaresbrook Crown Court, but the appeal was dismissed - e.g. his conviction was upheld.

The complainant in Ahmed's case has subsequently received a conviction for concealing criminal property, which in the view of the CCRC "demonstrates significant dishonesty." The credibility of Ahmed and the complainant were central to the trial court's decision.

The CCRC is now of the view that had the complainant's bad character been considered at the appeal hearing, it would likely have reached a different conclusion.

The CCRC has now referred the matter back to the Crown Court for a new appeal hearing, which will allow Ahmed the opportunity to clear his name.

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