Kirk, R. v

Refusal of an extension of time to apply for leave to appeal constitutes dismissal of the application for leave to appeal, enabling the court to make a costs order under section 18(2) of the Prosecution of Offences Act 1985. The applicant's grounds are unmeritorious and the delay unjustified.

Parties: Prosecution: Regina; Applicant: Phillip John Kirk
Jurisdiction: England and Wales
Judgment Date: 06 October 2015
Procedural Posture: Criminal / Renewed Application for Extension of Time and Leave to Appeal
Outcome: Application for extension of time and leave to appeal refused; costs order made against applicant.
Legal Topics: Extension of Time, Leave to Appeal, Costs Order, Loss of Time Order, Indecent Images, Burglary

Criminal Law Extension of Time Leave to Appeal Costs Order Loss of Time Order Indecent Images Burglary

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Parties

Regina

Prosecution

Phillip John Kirk

Applicant

Procedural Posture

Criminal / Renewed Application for Extension of Time and Leave to Appeal

Legal Issues

1 Whether the applicant should be granted an extension of time to apply for leave to appeal against conviction
2 Whether leave to appeal should be granted
3 Whether a costs order can be made under section 18(2) of the Prosecution of Offences Act 1985 when an extension of time is refused

Ratio Decidendi

Court Disposition

Application for extension of time and leave to appeal refused; costs order made against applicant.

Orders

Applicant to pay £29.95 for transcript costs.
Applicant to pay £400 to prosecution within 28 days.