Neil Wilby Media

A sexual offence conviction has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC), after it was discovered that evidence may not have been disclosed to the defence before trial.  

Steven Johns, 42, was convicted of the assault of a child under the age of 13 with penetration at Worcester Crown Court and was given a sentence, in March 2021, comprising 10 years imprisonment with a one-year extended license period, a sexual harm prevention order and a restraining order. 

The alleged incident occurred between 2004 and 2006, and the complaint was made to police in 2017. 

When Mr Johns was interviewed by police in 2018, he denied the allegations. 

Mr Johns applied to the CCRC in November 2021 after an application to the Court of Appeal was turned down.  

A CCRC investigation has determined that important evidence may not have been disclosed to the defence before trial.  

The CCRC, which does not provide an explanation for the three years it has taken to come to their decision, 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.     

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.  

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Page last updated: Monday 14th October, 2024 at 1045 hours

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