Rizvi, R v

On a reference by the Criminal Cases Review Commission, where an intervening appellate decision may affect the safety of a conviction and the prosecution does not seek to uphold it, the Court of Appeal may quash the conviction. It may nevertheless order a retrial on the same count where a retrial remains appropriate.

The appellant was convicted on 19 December 2001, with another person, of conspiracy concerning the proceeds of drug trafficking and/or criminal conduct. He received seven years’ imprisonment.

His earlier appeal against conviction was dismissed on 27 November 2003. The Criminal Cases Review Commission then referred the case to the Court of Appeal following the House of Lords’ decision in Saik. The prosecution accepted that the decision might affect the safety of the conviction and did not seek to uphold it.

The court had to decide the appeal and whether to order a retrial.

1. The appeal was allowed. The court quashed the conviction. The case had been referred by the Criminal Cases Review Commission in light of the House of Lords’ decision in Saik. The prosecution accepted that the decision might affect the safety of the conviction and did not seek to uphold it. The court agreed, in light of the reference, that the conviction should not stand.

2. A retrial was ordered. Both parties accepted that a retrial should take place. The retrial was to be on the same count as that on which the appellant had previously been tried. A fresh indictment was to be preferred and the appellant re-arraigned within two months.

3. The venue was to be directed by the appropriate presiding judge. The court granted a representation order for counsel and solicitors. As no special conditions were sought, the appellant was granted unconditional bail pending retrial.

• Court of Appeal (Criminal Division): On a Criminal Cases Review Commission reference, the court allowed the appeal, quashed the conviction, and ordered a retrial: [2007] EWCA Crim 467.
• Court of Appeal: The appellant’s earlier appeal against conviction was dismissed on 27 November 2003. The citation is not stated in the judgment.
• Trial court: On 19 December 2001, the appellant was convicted with another person of conspiracy concerning the proceeds of drug trafficking and/or criminal conduct, and was sentenced to seven years’ imprisonment.