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Man’s sentence for violent crimes referred because time spent in custody overseas awaiting extradition was not deducted

Published:

A man’s sentence for violent crimes has been sent back to the courts by the Criminal Cases Review Commission (CCRC) because the time he spent in custody in France awaiting extradition was not deducted from his sentence.    

Shahan Karim was convicted on 6 February 2023 at Shrewsbury Crown Court of causing grievous bodily harm with intent, and violent disorder. He received a sentence of seven years and six months’ imprisonment.  

On 6 October 2023, the Single Judge refused permission to appeal and Mr Karim did not renew his application to the Full Court.  

An application for review of the sentence was received by the CCRC on 24 October 2024. 

Mr Karim spent 148 days in custody in France, before being returned to the UK for trial, having been arrested under the terms of a European Arrest Warrant. 

Sections 243 and 240ZA of the Criminal Justice Act 2003 and section 327 of the Sentencing Act 2020, say that the 148 days that Mr Karim was held in custody in France awaiting extradition should count towards the time served by Mr Karim.  

Although the judge was aware that Mr Karim had absconded to France, the time Mr Karim spent in custody in France has not been deducted from his sentence, it seems because it was overlooked, by everyone and similarly overlooked during his appeal application. 

There is therefore a real possibility that the Court of Appeal will reduce Mr Karim’s sentence by 148 days to reflect the time he spent in custody in France.  

[ENDS] 

Notes to editors: 

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  
  1. The CCRC usually receives around 1,600 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.  Applicants should usually have appealed first. A sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.    
  1. If a case is referred, it is then for the appeal court to decide whether the sentence should be changed.       
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.