All cases against children should be tried in the Youth Court, and not transferred to the Crown Court save for the most grave offences. In this case, the allegations included one of common assault. The appeal court had no power on this occasion to set aside the transfer, but since the accusation of common assault was only triable summarily, the indictment as a whole was invalid and was quashed.
Citations:
Gazette 22-Mar-2001, Times 11-Jan-2001
Statutes:
Criminal Justice Act 1991 53 (4)
Jurisdiction:
England and Wales
Criminal Practice
Updated: 25 October 2022; Ref: scu.88144
