Michael Horsnell reports in The Times today about the case of Warren Blackwell who was convicted in October 1999 of indecent assault after a woman claimed that she had been attacked by him in the early hours of New Year’s Day, 1999. Initially Mr Blackwell had been sentenced to a three-year term of imprisonment. In March 2002 the Court of Appeal refused him permission to appeal and upon a cross-application by the Attorney-General arguing that that sentence was “unduly lenient”, increased the sentence to one of five years’ imprisonment. Following the involvement of the Criminal Cases Review Commission and fresh evidence coming to light, the case was referred back the Court of Appeal and yesterday Mr Blackwell’s conviction was declared unsafe. The new evidence disclosed that the complainant had made “strikingly similar allegations” about other sex attacks, had an ability to lie and a possible propensity to self-harm.
The Government is very likely to change the law to make it easier to convict a defendant in cases of this nature. In effect, the new rules that are being proposed will make it more difficult for defence lawyers to test an alleged victim’s veracity.
Better for ten innocent men to be convicted, than for one guilty man to go free.
Professor Jennifer Temkin rides again: devious barristers and ignorant judges
Bending rules to ensure higher conviction rates is fraught with danger