Appeal by way of case stated from the Youth Court as to the decision of the District Judge to hear at the same time and to give a single judgment where (a) there was a trial of one of two co-defendants who had pleaded not guilty to robbery and (b) there was a Newton hearing of the other defendant who had pleaded guilty to the robbery on a basis of plea which was not acceptable. The case stated involved two main issues:
i) Was the evidence of the co-defendant in the Newton hearing admissible in the trial of the other defendant and, if not, was the conviction safe? In the light of the correct concession by the respondent Director of Public Prosecutions that the evidence was inadmissible, we determined at the hearing that the conviction should be quashed and directed that that defendant be re-tried before a different judge as soon as possible.
ii) How the Youth Court should best proceed in such a case. As this was a question of more general interest, we stated we would give our reasons later in the light of further submissions that we directed be provided in writing.
Judges:
Lord Thomas of Cwmgiedd, CJ, Singh J
Citations:
[2016] EWHC 1976 (Admin)
Links:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 26 July 2022; Ref: scu.567867