A parent or person responsible for a child who had been summonsed to appear at the youth court was in a sufficient sense themselves an accused person to be able to apply for a defendant’s costs order after a case is withdrawn.The court sought to construe the section in a manner wide enough to give … Continue reading Regina v Preston Crown Court ex parte Lancashire County Council: Admn 20 Jan 1998
Justices not to make compensation orders against Local Authority for crimes by youths in care. Citations: Independent 04-Apr-1995 Statutes: Children and Young Persons Act 1933 55 Criminal Practice Updated: 19 May 2022; Ref: scu.79763
A parent was wrongly ordered to pay compensation, when his child was found guilty of an offence committed while the child was in the care of the local Authority. Citations: Times 18-Apr-1996 Statutes: Children and Young Persons Act 1933 55 Criminal Sentencing Updated: 15 May 2022; Ref: scu.77588
Compensation orders were wrongly made against a Local Authority which had been taking the best care of a youth. Citations: Times 18-Apr-1995 Statutes: Children and Young Persons Act 1933 55 Jurisdiction: England and Wales Criminal Practice Updated: 28 April 2022; Ref: scu.79752
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed. Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player cannot in the normal case at least of competition or game rely on the maxim volenti non fit … Continue reading Wooldridge v Sumner and Another: CA 4 Jun 1962
The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003
Appeal from order dispensing with reporting restrictions for 16 year old before Youth Court. Appellant constituted a serious danger to the public and had shown a complete disregard for the law. Held: ‘ the justices were very carefully and conscientiously exercising the power conferred by the statute. It was for them to make a judgment … Continue reading McKerry v Teesdale and Wear Valley Justices: CACD 7 Feb 2000
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of trustees of the school itself had liability, and whether in the transfer to … Continue reading Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The court, not the Home Secretary should set the tariff for the detention of a young offender sentenced to life- half determinate sentence. The role of the Lord Chief Justice in relation to tariffs is that ‘The Lord Chief Justice in this context is acting not as an unreviewable judge of the High Court but … Continue reading Regina v Secretary of State for Home Department ex parte Furber: Admn 30 Jun 1997
The courts must recognise the need to protect the identity of children involved in criminal proceedings. This derived both from national statute and from international law and practice. Nevertheless, the court had the discretion in appropriate cases to order disclosure of the name of a child convicted before it of criminal charges where the public … Continue reading McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions: CA 29 Feb 2000
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
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