[2008] EWCA Crim 647

Bulky and complex papers submitted on a renewed application for leave to appeal against conviction did not turn a case without merit into one that was arguable. In the instant case, the lack of merit had had to be clawed out of the bulky papers, which had involved substantial court time. Had the applicant still been serving his sentence, the court would not have hesitated to use its powers to invoke the Criminal Appeal Act 1968 s.29 by ordering that the period spent on remand should not count towards his sentence.

CA (Crim Div) (Sir Igor Judge (President QB), Gross J, Blair J)

11/03/2008