Presumption against sending Youths to Crown Court
W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’
Held: Woolf LJ approved a statement: ‘in respect of offenders under 15 a custodial sentence will ordinarily only be available in the form of a detention and training order. If the court is prohibited from making such an order in general an order under section 91 will not be appropriate.’ To send a defendant in a Youth Court for trial at the Crown Court: ‘ justices should start off with a strong presumption against sending young offenders to the Crown Court unless they are satisfied that that is clearly required, notwithstanding the fact that the forum for trial will not be so appropriate as the Youth Court. ‘ and ‘ justices should start off with a strong presumption against sending young offenders to the Crown Court unless they are satisfied that that is clearly required, notwithstanding the fact that the forum for trial will not be so appropriate as the Youth Court.’
The Lord Woolf of Barnes LCJ, Kay LJ
[2002] EWHC 1640 (Admin), [2003] 1 Cr App R (S) 87, (2002) 166 JP 569, [2002] Crim LR 750
Bailii
Powers of Criminal Courts (Sentencing) Act 2000 91 100, Magistrates’ Courts Act 1980 24(1)
England and Wales
Magistrates, Criminal Practice
Leading Case
Updated: 09 November 2021; Ref: scu.539976