Tag Archives: danny nightingale

Sgt Danny Nightingale refused permission to appeal conviction

nightingale

Introduction

On 20 May 2014, Sgt Danny Nightingale was refused leave to appeal against his conviction.

What does that mean?

When someone wants to appeal against conviction or sentence, they have to apply for permission. This is reviewed by the Single Judge (a High Court judge who looks at the case papers but doesn’t hear any oral argument) and permission is either granted or refused.

If permission is refused, the appellant has the opportunity to ‘renew’ the application before the full court. This means that the application goes before the court (in front of two or three judges, as appropriate) for an oral hearing. At that hearing, the appellant must apply for permission to appeal again. If it is granted, the court then hears the appeal, if it is refused, that is the end of the line.

We have a fact sheet on the appeals process which contains further details.

Ok, so remind me of the history of the Nightingale case…

Well, where to start? But in essence…

  • He was charged with possession of a prohibited weapon and ammunition.
  • He pleaded guilty and was sentenced.
  • We have a short post on the basic background up to this point here.
  • He appealed against his sentence, and was successful.
  • See here for a post about the sentence appeal.
  • He then applied to vacate his plea (withdraw it, essentially) so that he could plead not guilty and have a trial.
  • He then made an abuse of process application – an attempt to stop the trial from proceeding. See our post on that, here.
  • He was tried and was convicted at the retrial. We have a fact sheet on that here.
  • He was then sentenced (again).
  • It now appears that he appealed against his conviction, again. See here for an ITV news report.

So what happened?

It is our understanding that Nightingale applied for permission to appeal and was refused by the Single Judge. We then believe that he renewed that application before the full court, led by the Lord Chief Justice.

That application was refused – Nightingale failed in his attempt to have a full hearing about his appeal.

The court will have reviewed the grounds of appeal – the reasons why Nightingale says his conviction is unsafe – and decided that the conviction was safe.

And what happens next?

Well, that will most likely be the end of the line for Nightingale. There is an avenue to appeal to the Supreme Court but that has to be on the basis that there is a point of law of general public importance. On the information we have seen, it would appear that this is not such a case. Further, this can only be a possibility where the Court of Appeal grants leave to appeal and then dismisses the actual appeal. Here, it seems that the Court of Appeal simply refused to grant permission to appeal.

So Nightingale is left with a conviction for firearms, and thousands upon thousands of pounds of public money (to pay for the court time) and Nightingale’s supporters’ money (to pay for his lawyers) has been spent.

Sgt Nightingale convicted at retrial

Sgt Nightingale’s retrial began on 1 July 2013 before the Judge Advocate General HHJ Jeff Blackett at in the Court Martial.

The background on court martial proceedings can be found here.

A chronology of the case can be found here.

Retrial

Essentially the case was that Sgt Nightingale was in possession of a prohibited firearm (Firearms Act 1968 s 5(1)(aba)) and possession of ammunition (Firearms Act 1968 s 1(1)(b)). They were namely a glock 9mm and quite a lot of ammunition, including armour piercing bullets.

He initially pleaded, appealed sentence (and won), and appealed conviction (and won).

His defence at trial was essentially that he was not in possession of the items and that they could have been planted in his room. Many thought this was optimistic at best.

On 10 July 2013, he was convicted.

Sentence

Sentence has been deferred for ‘legal reasons’. His solicitor Tweeted:

the #nightingale sentence raises point of law of exceptional importance and has been referred to the Court Martial Appeal Court

Court Martial Appeal Court

It is understood that this relates to whether the Court Martial, which must sentence Sgt Nightingale, is capped at the sentence originally passed upon the first conviction.

The Court Martial Appeal Act 1968 s 20(6) states: Schedule 1 to this Act contains additional provisions applicable to a retrial authorised by order of the Appeal Court under section 19.

Sch 1 para 3 states:

If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial.

The contention is, one presumes, that Sgt Nightingale’s is ‘capped’ at the suspended sentence of 18 month’s detention imposed by the Court Martial Appeal Court (the appeal against sentence).

The prosecution are presumably suggesting that that is not the case as:

a) that sentence was imposed after Nightingale had pleaded guilty (for which he received some discount off his sentence)

b) the sentence was imposed on a false basis – that he ‘forgot’ he had the weapon and ammunition, and

c) the section in the Court Martial Appeal Act 1968 did not contemplate a situation where a retrial was ordered following a conviction arising out of a plea of guilty.

It remains to be seen whether things will get worse for Sgt Nightingale.