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Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005

The CPS appealed the refusal of the respondent magistrates to decline jurisdiction to hear allegations against a youth. Held: The magistrates had applied the wrong test, asking themselves whether a sentence substantially greater than two years might be imposed. They should have considered merely the threshhold of two years. Also the court had allowed itself … Continue reading Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005

Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004

The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004

H, Regina v: CACD 25 Apr 2006

The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006

H and Others, Regina (on the Application of) v Southampton Youth Court: Admn 2 Dec 2004

The court considered the principles for sentencing for sexual assaults by youths and the decision of magistrates whether to decline jurisdiction. Leveson J: ‘That the position would be different for an older person is obvious. Had an adult behaved in this manner to a 13 year old boy, sexual gratification would have been an obvious … Continue reading H and Others, Regina (on the Application of) v Southampton Youth Court: Admn 2 Dec 2004

Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

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 … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

Hada, Regina v: CACD 18 Aug 2017

Appeal from sentence of 6 and a half years; detention for three offences of robery. Judges: Sweeney, Holroyde JJ Citations: [2017] EWCA Crim 1348 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 91 Jurisdiction: England and Wales Criminal Sentencing Updated: 31 March 2022; Ref: scu.598328

W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002

Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002

Regina v Chute: CACD 4 Feb 2003

The magistrates made a drug treatment order. The defendant breached it, and the magistrates then committed him to the Crown Court for sentence. He appealed that sentence. Held: The court asked whether the magistrates had that power. Schedule 3 of paragraph 4 did not give the magistrates that power, and nor did section 4. The … Continue reading Regina v Chute: CACD 4 Feb 2003

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 all offenders aged 11 and 12, should not be detained in custody. For 13 and 14 year olds, where the youth … Continue reading Regina (W) v Southampton Youth Court: Admn 2002

Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001

The defendant committed an offence whilst released on licence. She was sentenced by the magistrates for the offence and ordered to be recalled to serve a month for the offence committed whilst on licence. The Secretary received a probation report and revoke her licence entirely. Held: The fact that the magistrates had carried out a … Continue reading Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001

Regina v Pepper, Regina v Barber, etc: CACD 28 Apr 2005

Each defendant appealed against the imposition of an extended sentence of imprisonment. Held: The The provisions were unduly complicated and about to change again. Courts would see their way clear by focussing on the offence for which the extended sentence was to be considered, and bearing in mind that the purpose of this particular form … Continue reading Regina v Pepper, Regina v Barber, etc: CACD 28 Apr 2005

Regina v JT: CACD 2003

The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Citations: [2003] EWCA Crim 1011 Statutes: Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6 Jurisdiction: England and Wales Citing: Cited – Ibbotson v United Kingdom ECHR 1998 While the applicant was serving … Continue reading Regina v JT: CACD 2003

Regina v Jan: CACD 12 Oct 2006

After his conviction for causing a public nuisance, and for arson, the defendant was sentenced to life imprisonment. The judge applied the section to decline to set a minimum tariff. He had set out on a large scale harassment campaign against former social workers and others, including setting fire to cars, and direct assaults. Held: … Continue reading Regina v Jan: CACD 12 Oct 2006

Regina v Wisniewski: CACD 9 Dec 2004

The defendant appealed sentences for battery with iintent to commit sexual assault. Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape. Judges: Rose LJ, Douglas Brown J, Mackay … Continue reading Regina v Wisniewski: CACD 9 Dec 2004

Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

Royal Society for the Prevention of Cruelty To Animals v Chester Crown Court: Admn 17 May 2006

Defendants had been convicted of maltreatment of horses. The crown court had overturned a permanent ban on keeping horses, substituting a limit of keeping 25 horses with a conditional discharge. The prosecutor now appealed.
Held: The court had . .