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 persists in offending, the position changes. Clearly some offences or offending are so serious in themselves that the court has to contemplate the possibility of sending an under age 15 year old for a period in custody, despite the general approach of the legislation. That may be to protect the public or it may be that the long-term interests of the offender require such a drastic course, even though he is under 12 or under 15 but not a persistent offender. To cater for this possibility Parliament has left open to the courts the use of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. The need in exceptional cases to make use of these powers cannot, however, have been intended to water down the general principle.’
Judges:
Lord Woolf CJ
Citations:
[2002] EWHC 1640 Admin, [2003] Cr App R (S) 87
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Cited – 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 . .
Cited – Crown Prosecution Service v Redbridge Youth Court QBD 8-Jun-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 12 July 2022; Ref: scu.182253
