Regina v Andrew James Clarke & Anor.

Where renewed applications for substantial extensions of time to appeal depend upon evidence being heard by an ongoing public inquiry, it may be premature to determine them before that evidence is available. The court may adjourn the applications and give directions for updates, written submissions and further hearings after the inquiry has progressed.

Mr Clarke and Mr Sheppard sought long extensions of time to appeal convictions for arson in 1988. Mr Sheppard also sought to appeal a separate 1995 conviction. Their proposed grounds alleged non-disclosure of the role of undercover police officers and contended that the officers had acted as agents provocateurs.

The applications had been referred by a single judge to the full court in 2015. The relevant evidence was expected to be heard by the Undercover Policing Inquiry between May and October 2024. Both parties submitted that a substantive hearing before that evidence was heard would be premature.

1. The substantive applications were adjourned. The court accepted the common submission that it would be premature to determine the renewed applications for extensions of time and the proposed conviction appeals before the Undercover Policing Inquiry had heard the evidence relevant to the alleged involvement of undercover officers.
2. The delay to the inquiry, including delay caused by the Covid-19 pandemic, was regrettable but did not alter that conclusion. The inquiry evidence was material to the applicants’ contention that the officers had acted as agents provocateurs and to their complaint of non-disclosure.
3. The court directed junior counsel to the inquiry to provide an update by 17 May 2024. It directed the respondent and applicants respectively to serve written submissions on the future conduct of the proceedings by 7 and 21 June 2024.
4. A further directions hearing was to be listed if necessary in July 2024 and, in any event, before the court in October 2024. The constitution for directions hearings was to include Holroyde LJ where practicable.

• Court of Appeal (Criminal Division) — in [2022] EWCA Crim 402, adjourned renewed applications for extensions of time to appeal and gave case-management directions pending relevant evidence before the Undercover Policing Inquiry.
• Single judge — on 16 June 2015, referred the applications to the full court.