R v Hart [2006] EWCA Crim 3239, [2006] All ER (D) 174 (Dec)
The court considered its power, under s 29 of the Criminal Appeal Act 1968, to direct that some or all of the period served by the applicant since he was sentenced should not count towards his sentence on the grounds that his application lacked merit.
Lord Justice Latham expressed concern that a significant number of applications for leave to appeal against conviction or sentence are wholly without merit and are taking up the time of single judges and being renewed to the full court. He concluded: “We hope that both applicants and counsel will heed the fact that this court is prepared to exercise its power and will do so more frequently in the future than it has done so in the past.
The mere fact that counsel has advised that there are grounds of appeal will not always be a sufficient answer to the question as to whether or not an application has indeed been brought which was totally without merit. It should not be thought that this court will not exercise its power on other occasions even if there is an advice from counsel supporting grounds of appeal.”
