The case of Feezan Hameed has been referred by the CCRC to the Court of Appeal due to time spent on remand in a foreign prison not being deducted from his sentence.
In 2015 Mr Hameed was arrested in France and spent 18 days in custody awaiting extradition to the United Kingdom.
In May 2016 he appeared at Southwark Crown Court and pleaded guilty to charges of conspiracy to defraud and conspiracy to convert and transfer criminal property.
On 16 September 2016 he was sentenced to a total of 11 years' imprisonment, but our review found that the judge failed to deduct the time he had spent in prison in France from his sentence.
CCRC Chairman Helen Pitcher OBE said:
“Miscarriages of justice are not just limited to wrongful convictions; mistakes are sometimes made at sentencing which result in people spending longer in prison than they should do.
“The 18 days in this case might appear to be a short amount of time, but it is important, both to individuals and the Criminal Justice System as a whole, that such errors are identified and put right. We have therefore referred Mr Hameed's sentence to the Court of Appeal.”
As Mr Hameed was legally entitled to have the time he spent in custody in France deducted from his sentence, the CCRC has decided that there is a real possibility that the Court of Appeal will now reduce his sentence by 18 days.
This press release was issued by the Communications Team, Criminal Cases Review Commission. They can be contacted by phone on: 0121 232 0900 or by email: email@example.com.
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 11 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 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 the conviction is unsafe or the sentence 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 and Instagram the_ccrc.