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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 was convicted of a sexual offence in 2020 and was given an extended sentence 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.

Notes to Editor:  

1. 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.
2. There are currently 10 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 Chairman, who is also a Commissioner, is not involved in the casework decision-making process.
3. The CCRC usually receives around 1,500 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.
4. 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”.
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.
6. 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.