ZN and Another, Regina (on The Application of) v Bromley Youth Court: Admn 9 Jul 2014

The applicants, both aged 16, sought permission to bring judicial review of a decision to commit thme for trial at the adult Crown Court on theft charges along with a co-defendant adult (though 18).
Held: Permission was granted.
Hayden J said: ‘the Administrative Court will normally not interfere with a public authority’s assessment of evidence or facts but it is generally recognised that review of fact had been permitted in circumstances; a) where the existence of a set of facts is a condition precedent to the exercise of a power (See eg. R v Secretary State of the Home Department ex parte Khawaja [1984]1 AC 74); b) where there has been a misdirection, disregard or mistaken material fact; c) where the decision is unsupported by substantial evidence.
It does seem to me to be additionally at least arguable that in the initial decision the Justices either disregarded or mistook a material fact, namely the existence of an adult Co- Defendant which had the effect of vitiating the rationality of their decision on jurisdiction rendering it reviewable. Of course it is not that decision that is being reviewed, it is the District Judge’s decision to rectify it that is in focus here. These are merely two potentially arguable lines of defence, the DPP has not yet had the opportunity to formulate her arguments properly.


Hayden J


[2014] EWCh 2300 (Admin)




Magistrates’ Court Act 1980 24A


England and Wales


CitedKhera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
CitedRegina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A QBD 5-Dec-2003
Magistrates have no Power to redo Mode of Trial
The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial.
Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedW (A Minor), Regina (on The Application of) v Leeds Crown Court Admn 28-Jul-2011
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Children

Updated: 15 April 2022; Ref: scu.533960