Wilson, R. v [2021] EWCA Crim 1537 (06 October 2021)

The sentencing judge's failure to specify the number of days spent in custody awaiting extradition was an error. The Court of Appeal has the power to correct this by specifying the period, allowing the applicant to receive credit for 124 days spent in custody.

Citation: [2021] EWCA Crim 1537
Parties: Prosecution: Regina; Applicant: David Wilson
Jurisdiction: England and Wales
Judgment Date: 06 October 2021
Procedural Posture: Criminal Appeal / Court of Appeal Judgment
Outcome: appeal allowed in part
Legal Topics: Sentencing, Extradition Credit, Indecent Assault, Sexual Offences (amendment) Act 1992, Criminal Justice Act 2003 S.243(2)

Criminal Law Sentencing Extradition Credit Indecent Assault Sexual Offences (amendment) Act 1992 Criminal Justice Act 2003 S.243(2)

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Parties

Regina

Prosecution

David Wilson

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the sentencing judge erred by failing to specify the number of days the applicant was held in custody awaiting extradition, as required by s.243(2) Criminal Justice Act 2003.

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Extension of time granted for appeal.
It is specified pursuant to s.243(2) Criminal Justice Act 2003 that the applicant was kept in custody awaiting extradition for 124 days.