In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision.
Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court is reviewing the decision, not acting as an appellate court. Here, the statute required the youth court to commit to the crown court where the stated conditions were satisfied. Those conditions were that the offence was listed in the 2000 Act, and that the powers under subsection (3) of the section would arise. The Youth Court must consider the sentencing powers of the Crown Court, and guidance for their use.
Judges:
Stanley Burton J
Citations:
Times 03-Feb-2003
Statutes:
Magistrates Courts Act 1980 24(1), Powers of Criminal Courts (Sentencing) Act 2000 91(3) 165(1)
Jurisdiction:
England and Wales
Citing:
Cited – W, Regina (on the Application of) v Thetford Youth Justices and Another Admn 25-Jun-2002
. .
Cited – Regina (W) v Southampton Youth Court Admn 2002
The court discussed the principles applicable when sentencing very young offenders: ‘The simple principle underlying the current legislation for sentencing very young offenders is that, generally speaking, first-time offenders aged 13 and 14, and . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 29 May 2022; Ref: scu.178850