The Criminal Cases Review Commission has referred the conviction for murder of Clifford Norman Ashton to the Court of Appeal.
Mr Ashton was convicted on 2 November 1998 at Birmingham Crown Court of the murder of Mr Trevor Blackwood on 14 February 1998. He was sentenced to life imprisonment. Mr Blackwood had been repeatedly stabbed during an argument.
Mr Ashton appealed against the conviction. On 18 June 1999 the Full Court dismissed the appeal. Mr Ashton applied to the Commission in October 1999. After a review of his case a decision was taken not to refer the conviction.
A re-application was then made to the Commission in May 2003 on the basis that the conviction should have been for manslaughter due to diminished responsibility.
The Commission has now reviewed the case. After considering new psychiatric evidence and case law it has decided to refer the conviction back to the Court of Appeal.
The Commission was set up in 1997 to investigate suspected miscarriages of justice in England, Wales and Northern Ireland and decide if they should be sent to the appeal courts.
Ends
This press release was issued by Boris Worrall, Head of Communication at the Criminal Cases Review Commission, Tel 0121 633 1806.
Mr Ashton’s legal representative is Andrew Cole of Hills Solicitors, Queen Street, Oldham, OL1 1UD, Tel 0161 652 3231.
NOTES TO EDITORS
1. The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland.
2. There are 16 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Appointments to the Commission are made in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. Any decision to refer a case to the relevant court of appeal has to be taken by a committee of at least three Commissioners.
4. The Commission considers whether or not there is a real possibility that the conviction, finding, verdict or sentence would not be upheld were a reference to be made.
Conviction: to establish that there is a real possibility that a conviction will be quashed, there has to be:
· an argument or evidence which has not been raised during the trial or at appeal; or
· exceptional circumstances
Sentence: to establish that there is a real possibility that a sentence will be varied, there has to be:
· a legal argument or information about the individual, or the offence, which was not raised in court during the trial or at appeal.
5. The Commission may decide in its discretion not to refer a case even where the “real possibility” test is satisfied.
6. Other than in exceptional circumstances, the Commission can only consider cases in which an appeal through the ordinary judicial appeal process has failed. 7. Once a decision is taken to refer a case to the relevant court of appeal, the Commission usually has no further involvement.
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