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CCRC refers man’s sentence as time in custody awaiting extradition to UK was not deducted

Published:

The Criminal Cases Review Commission (CCRC) has referred a man’s sentence for drug-related convictions to the Court of Appeal because time he spent in custody awaiting extradition to the UK was not deducted from the sentence.

John Allcock was convicted on 18 February 2022 at Newcastle-upon-Tyne Crown Court of conspiracy to supply a Class A drug, conspiracy to supply a Class B drug, and converting criminal property. He was sentenced to 21 years’ imprisonment.

The conviction resulted from ‘Operation Florida’, an investigation into organised crime groups conducted in 2017 and 2018 by the North East Regional Special Operations Unit.

On 31 August 2022, the Single Judge granted Mr Allcock leave to appeal both his conviction and sentence. On 5 September 2023, the Full Court dismissed the appeals. The CCRC received an application for review of the conviction and sentence in February 2024.

Following a thorough and comprehensive review, the CCRC has determined that there is no real possibility the Court will overturn the conviction. However, having been arrested under the terms of a European Arrest Warrant, Mr Allcock spent 39 days in custody in Spain awaiting extradition to the United Kingdom.

Having regard to the provisions of section 243 and 240ZA of the Criminal Justice Act 2003, and section 327 of the Sentencing Code, the 39 days he was held in custody should count towards Mr Allcock’s time served.

The days Mr Allcock spent awaiting extradition were not formally pronounced as part of the sentencing remarks. As such, the time spent in custody in Spain has not been deducted from Mr Allcock’s sentence. This matter was not raised at sentencing or during appeal.

The CCRC has concluded that there is a real possibility that the Court of Appeal will reduce Mr Allcock’s sentence by the number of days he spent awaiting extradition, namely 39 days.

[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 16 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 1,500 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.