R v Thomas Stuart Lewis

A renewed application for leave to appeal a conviction founded on a guilty plea will fail where the plea was voluntarily entered, supported by a signed basis of plea, and the proposed grounds disclose no arguable basis for finding the conviction unsafe. In those circumstances, an extension of time need not be granted merely to permit an unmeritorious appeal.

The applicant pleaded guilty at Southampton Crown Court to stalking contrary to section 2A of the Protection from Harassment Act 1997, after originally pleading not guilty to a more serious stalking allegation. He received a suspended sentence, a rehabilitation activity requirement and a five-year restraining order.

Seventy-seven days out of time, he renewed his application for leave to appeal conviction after a single judge had refused both an extension of time and leave. He alleged, among other matters, pressure from his legal representatives, unavailable evidence, unfair police treatment and errors in the conviction paperwork. The central issue was whether those matters raised an arguable basis for treating his guilty-plea conviction as unsafe.

1. The court refused both the extension of time and the renewed application for leave to appeal conviction. The appeal had no merit.

2. The applicant had voluntarily entered a guilty plea to the lesser stalking offence. His signed basis of plea supported that conclusion. The responses provided by his former solicitors and counsel, after privilege had been waived, showed that he had not been subjected to inappropriate pressure and had himself wished to plead guilty.

3. The court agreed with the single judge that none of the grounds raised an arguable basis for concluding that the conviction was unsafe. The applicant's complaints about evidence, police conduct, his legal representatives, and other personal circumstances did not displace the effect of his voluntary plea.

4. The court also corrected the court record. It was to record a conviction for stalking contrary to section 2A of the Protection from Harassment Act 1997, rather than the more serious offence originally charged.

• Court of Appeal (Criminal Division) — refused the renewed application for leave to appeal conviction and the application to extend time: [2025] EWCA Crim 86.
• Single judge — previously refused leave to appeal conviction and an extension of time.
• Crown Court at Southampton — accepted the applicant's guilty plea to stalking and sentenced him to 12 weeks' imprisonment suspended for 18 months, with rehabilitation activity and a five-year restraining order.