Caston, R v

Where an application for permission to appeal against conviction is substantially out of time and the proposed grounds are wholly without merit, the court may refuse an extension of time and dismiss the application for permission. Under section 29 of the Criminal Appeal Act 1968, the court may direct that specified time spent in custody pending the appeal does not count towards sentence. Such an order should be considered where the application is devoid of merit, particularly to deter unmeritorious renewals that waste judicial time and resources.

The applicant was convicted in the Crown Court at Cardiff of rape, attempted rape and four sexual assaults, receiving a total sentence of 13 years’ imprisonment. A single judge, Bryan J, refused an extension of time and permission to appeal.

On renewal, the applicant sought a 74-day extension. He alleged inadequate advice from trial counsel concerning evidence from his partner and asserted that social-media messages supported a case of collusion by the victims and their friends.

1. The court dismissed both applications. The proposed grounds were wholly without merit, and the application was inexcusably 74 days late. The court wholly agreed with Bryan J’s reasons.
2. The allegations concerning trial counsel and the social-media messages did not disclose arguable grounds of appeal.
3. Section 29 of the Criminal Appeal Act 1968 empowers the court to direct that custody time pending determination of an appeal does not count towards sentence. Such an order should be considered where an application is devoid of merit, to deter unmeritorious renewals and conserve judicial resources.
4. The court directed that 28 days spent in custody pending determination of the appeal should not count towards sentence.

• Court of Appeal (Criminal Division): Renewal applications dismissed; 28 days’ custody time excluded under section 29 of the Criminal Appeal Act 1968.
• Single judge: Bryan J refused the extension of time and permission to appeal.
• Crown Court at Cardiff: Conviction on 2 July 2018 and sentence on 20 July 2018 to 13 years’ imprisonment.