CCRC refers man\u2019s sentence as time in custody awaiting extradition to UK was not deducted<\/p>\n
The Criminal Cases Review Commission (CCRC) has referred a man\u2019s 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.<\/strong><\/p>\n 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\u2019 imprisonment.<\/p>\n The conviction resulted from \u2018Operation Florida\u2019, an investigation into organised crime groups conducted in 2017 and 2018 by the North East Regional Special Operations Unit.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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\u2019s time served.<\/p>\n 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\u2019s sentence. This matter was not raised at sentencing or during appeal.<\/p>\n The CCRC has concluded that there is a real possibility that the Court of Appeal will reduce Mr Allcock\u2019s sentence by the number of days he spent awaiting extradition, namely 39 days.<\/p>\n Notes to editors:\u00a0<\/p>\n\n