England and Wales Court of Appeal (Criminal Division) Decisions

IN THE COURT OF APPEAL
CRIMINAL DIVISION

		Royal Courts of Justice The Strand London WC2A 2LL
		17th July 2020

Friday 17^th July 2020

LADY JUSTICE CARR:

1. On 20^th December 2016, following a trial in the Crown Court at Leicester, the applicant (now 50 years old) was convicted of an offence of conspiracy to defraud (count 1) and conspiracy to conceal, disguise, convert or transfer criminal property (count 2). He also admitted an offence under the Bail Act 1976. He was sentenced to a total of ten years' imprisonment.
2. The applicant renews his application for leave to appeal against sentence. The application was lodged 683 days out of time. The only issue raised in the renewed application concerns a pronouncement under section 240A of the Criminal Justice Act 2003.
3. It is common ground that the number of days spent by the applicant on qualifying curfew under section 240A of the Criminal Justice Act 2003 was 185 days, which produces a credit period of 93 days. There should have been a pronouncement to that effect, as the Judge accepted during the course of submissions in mitigation. But in the event, none was in fact made.
4. We have considered the case of R v Thorsby [2015] EWCA Crim 1. It cannot be said that in this case the applicant, with knowledge of the error, has failed to act with due diligence to make the application for an extension of time. We are prepared to grant the necessary extension of time and we make the pronouncement that the number of days under section 240A of the Criminal Justice Act 2003 is 93 days.