Following our work on A Successful CCRC Referral, we are pleased to report a successful appeal against sentence.

We represented a client in a successful appeal against sentence, following a referral by the Criminal Cases Review Commission (CCRC). The Court of Appeal reduced our client’s sentence by 148 days, correcting a long-standing legal oversight. The CCRC referred the case, following our submissions that the lower Court erred in failing to deduct time in prison abroad pending extradition.

Background

On 11 June 2021, our client was arrested in France pursuant to a European Arrest Warrant. He remained in custody in France until his return to the United Kingdom on 5 November 2021.

On 6 February 2023, he stood trial at Shrewsbury Crown Court and was convicted of s18 grievous bodily harm (GBH) and violent disorder. He was sentenced to a total of 7 years and 6 months’ imprisonment. However, the court failed to deduct the 148 days that he had spent in custody in France awaiting extradition. This error went unnoticed during both the trial and appeal stages.

We obtained documents to prove his detention in France. We also reviewed previous appeal documentation to confirm that no time had already been deducted. We then instructed counsel before preparing submissions to the CCRC.

The CCRC Referral

The CCRC referred the case to the Court of Appeal following our submissions highlighting the failure to credit the 148 days our client spent in custody in France, which should have been deducted from his sentence.

Court of Appeal Decision

The Court of Appeal allowed the appeal and confirmed that our client’s sentence must be reduced by 148 days. This ensures our client receives full credit for the time he was legally entitled to.

Our client was represented by Julie Ann Boyle with Paramjit Ahluwalia of One Pump Court Chambers instructed as counsel.

This case shows how thorough post-conviction review and the CCRC’s role can correct serious legal oversights.