Tim Forte KC successful in Court of Appeal

Tim, not instructed below, persuaded the Court to permit the renewal of leave application four years out of time, on the basis of fresh evidence.

MD was sentenced in 2020 for his high-level role in a major drugs supply enterprise across the North of England using encrypted devices (PGP or Encrochat), together with his possession of two Makarov 9mm pistols and ammunition. The Judge at first instance took a starting point of 26 years (reduced from 30 years for totality) and allowed 25% credit.

MD was refused leave by the single judge but having successfully complained to the Legal Ombudsman about the service received from his previous legal team, instructed Tim on a private basis to renew the application out of time. The Court granted leave, the extension of time and our application to permit fresh evidence pursuant to s.23 CAA 1968.

Having heard oral argument by us and from the Respondent Crown, the Court granted the Appeal, and allowed the full 33% credit, thus reducing MD’s sentence by well over 2 years, meaning he will be released imminently.

The Court made clear the vital importance of properly advising clients at the Magistrates’ Court and of properly completing the BCM forms. Tim was instructed by Tommy Keaney of Keaney & Co.