The prosecutor appealed a refusal of the magistrates to commit a youth to the Crown Court for trial.
Held: Magistrates should start with a presumption against declining jurisdiction. Where there was a real prospect of a custodial sentence in excess of two years, the magistrates should accept a request to decline jurisdiction, and commit the youth to the crown court. In this case they should have declined jurisdiction. Appeal allowed.
Judges:
Brooke LJ
Citations:
Times 13-Jul-2005
Statutes:
Magistrates Courts Act 1980 24
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 12 April 2022; Ref: scu.228602