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 to be given advice other than in open court. On the facts of this case, there was a clear possibility of an order for detention of two years or more. The decision was quashed and remitted to the magistrates to reconsider as a whole.
Judges:
Brooke LJ, Field J
Citations:
[2005] EWHC 1390 (Admin)
Links:
Statutes:
Magistrates’ Courts Act 1980 24, Powers of Criminal Courts (Sentencing) Act 2000 91
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Eames CACD 1993
. .
Cited – Regina v Lennon CACD 1991
In relation to sentencing cases of indecent assault: ‘It was never easy to sentence in such cases; the circumstances of each case would vary greatly. The sentencer must tailor the sentence to the facts of the case before the court.’ . .
Cited – 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 . .
Cited – C, Regina (on the Application Of) v Grimsby and Cleethorpes Magistrates Court Admn 28-Jul-2004
A magistrates court having made a decision as to whether or not to decline jurisdiction may not revisit that decision. . .
Cited – Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A QBD 5-Dec-2003
Magistrates have no Power to redo Mode of Trial
The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial.
Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have . .
Cited – Regina v Harrison CACD 2001
. .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 20 December 2022; Ref: scu.228890