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 motive and a substantial custodial sentence would indeed have been justified. An older teenager could also lose his liberty. In my judgment, however, 13 and 14 year olds behaving in this way to one of their school friends, while deeply reprehensible and demanding condemnation, do not come within that category, and certainly not at the level of a sentence approaching two years.’


Leveson J


[2004] EWHC 2912 (Admin)




Magistrates’ Courts Act 1980 24, Powers of Criminal Courts (Sentencing) Act 2000 91(3)


England and Wales

Cited by:

CitedCrown 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 . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Sentencing

Updated: 27 June 2022; Ref: scu.220543