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Regina v Robinson: CACD 27 Nov 1992

The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992

Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003

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

Regina v Endicott: CACD 3 Dec 1999

A sentence of life imprisonment imposed upon a youth of 14 for the offence of arson with intent to damage property or recklessness as to whether damage would be cause was wrong in principle and manifestly excessive. There is no sentence in such situations which can properly balance the welfare needs of the child and … Continue reading Regina v Endicott: CACD 3 Dec 1999

Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson: CACD 7 Aug 1996

A sentence of a young person to ‘Detention during Her Majesty’s pleasure’ is not to be thought of as the same as a life sentence; The Home secretary had been unfair in setting the tarriff sentence for two youths convicted of murder on a basis which would have applied to them as adults. Citations: Times … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson: CACD 7 Aug 1996

Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

Regina v Herefordshire Youth Court Ex Parte J: QBD 4 May 1998

A Youth Court having once accepted a guilty plea from a youth, advised by solicitor, could not vacate that plea, in order to consider whether the case was appropriate for a crown court trial. Citations: Gazette 20-May-1998, Times 04-May-1998 Statutes: Children and Young Persons Act 1933 53 Jurisdiction: England and Wales Criminal Practice Updated: 05 … Continue reading Regina v Herefordshire Youth Court Ex Parte J: QBD 4 May 1998

Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997

A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997

Regina v Secretary of State for Home Department ex parte Furber: Admn 30 Jun 1997

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

Regina v Secretary of State for the Home Department ex parte J; Regina v Same ex parte B: CA 2 Dec 1998

The policy of placing youths sentenced to young offenders institutions being placed in secure institutions rather than exceptionally only in community care establishments was a lawful policy grounded in statutory changes. Citations: Times 02-Dec-1998 Statutes: Children and Young Persons Act 1933 53 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 May 2022; Ref: scu.87866

Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar: QBD 7 May 1996

The Home Secretary was wrong to apply adult criteria on setting a release date for a child detained during Her Majesty’s Pleasure for an offence of murder. Citations: Times 07-May-1996, Gazette 15-May-1996 Statutes: Murder (Abolition of Death Penalty) Act 1965 1(5) 4, Children and Young Persons Act 1933 53 Cited by: Appeal from – Regina … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar: QBD 7 May 1996

McKerry v Teesdale and Wear Valley Justices: CACD 7 Feb 2000

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

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014

Regina v B (Candi) (Young Offender: Sentencing Powers): CACD 24 Jun 1998

There should be a recognition of the need for flexibility in youth sentencing. In the section ‘suitable’ can mean more than just the length of a sentence and allowance made for therapeutic needs. Citations: Gazette 24-Jun-1998 Statutes: Children and Young Persons Act 1933 44 53(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; … Continue reading Regina v B (Candi) (Young Offender: Sentencing Powers): CACD 24 Jun 1998

Regina v B (Young Offender: Sentencing Powers): CACD 14 May 1998

There should be a recognition of the need for flexibility in youth sentencing. In the section ‘suitable’ can mean more than just the length of a sentence and allowance made for therapeutic needs Citations: Times 14-May-1998 Statutes: Children and Young Persons Act 1933 44 53(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; … Continue reading Regina v B (Young Offender: Sentencing Powers): CACD 14 May 1998

McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions: CA 29 Feb 2000

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

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986

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

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

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