REGINA v RHYS MORAR

Where time has been spent on a qualifying curfew, statutory credit under section 240A of the Criminal Justice Act 2003 may be applied to the sentence. On the agreed basis in this case, 75 days of a 150-day qualifying curfew period counted towards the sentence. The court granted an extension of time, leave to appeal sentence, and amended the sentence to give effect to the credit.

Following guilty pleas, the applicant was sentenced in the Crown Court at Chelmsford on 16 January 2020 to 59 months’ imprisonment for two counts of being concerned in the supply of class A drugs, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He applied out of time for leave to appeal sentence. The application concerned the credit to be given under section 240A of the Criminal Justice Act 2003 for 150 days spent on qualifying curfew.

1. The court granted the applicant an extension of 670 days for applying for leave to appeal sentence. It also granted leave.

2. The only issue was the application of the credit period under section 240A of the Criminal Justice Act 2003 to the 150 days spent on qualifying curfew.

3. The prosecution agreed that 75 days should count towards the applicant’s sentence under section 240A. The court accepted that position.

4. The appeal was allowed to that extent. The sentence was amended accordingly.

• Crown Court at Chelmsford: on 16 January 2020, following guilty pleas, imposed a total sentence of 59 months’ imprisonment, comprising concurrent sentences of equal length on two drug-supply counts.
• Court of Appeal (Criminal Division): granted a 670-day extension of time and leave to appeal; allowed the appeal to the extent of crediting 75 days under section 240A and amended the sentence accordingly.