The defendant attained the age of 18 after the offence but before his sentence. Under 18, he would have been subject to an order of detention in a young offenders institution, with a maximum of twelve months. They imposed a sentence of four concurrent detention and training orders totaling 18 months. Held: The 1963 Act, … Continue reading Aldis v Director of Public Prosecutions: CACD 11 Feb 2002
A Youth court has no power to remit a case to magistrates once a child reaches eighteen; It has the power to continue to deal with the case and must do so. Citations: Times 07-Apr-1998 Statutes: Children and Young Persons Act 1963 29 Jurisdiction: England and Wales Criminal Practice Updated: 10 April 2022; Ref: scu.88696
Land-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
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