QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE JACK
|THE QUEEN ON THE APPLICATION OF E|
|(BY HIS FATHER AS LITIGATION FRIEND)||(CLAIMANT)|
|LEEDS YOUTH COURT JUSTICES||(DEFENDANT)|
|CROWN PROSECUTION SERVICE||(INTERESTED PARTY)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
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(Official Shorthand Writers to the Court)
THE DEFENDANT DID NOT APPEAR AND WAS NOT REPRESENTED
CHRIS DUNN (instructed by Crown Prosecution Service) appeared on behalf of the INTERESTED PARTY
Friday, 31 January 2003
Crown Copyright ©
"(2) A court shall not make a detention and training order -
(a) in the case of an offender under the age of 15 at the time of conviction, unless it is of the opinion that he is a persistent offender;"
It has not been contended in the present case that the claimant is a persistent offender. I mention also that by section 101(1) the maximum term of a detention and training order is 24 months.
"(1) Subsection (3) below applies where a person aged under 18 is convicted on indictment of -
"(a) an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law;
Subsection (3) provides:
"(3) If the court is of the opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence."
Robbery carries a maximum sentence of life imprisonment. So if a person under 21 is charged with robbery, he may be dealt with under subsection (3) of section 91, if the court is of the opinion there set out.
"(1) Where a person under the age of 18 appears or is brought before a magistrates' court on an information charging him with a indictable offence other than homicide, he shall be treated summarily unless -
(a) the offence is such as is mentioned in subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (under which young persons convicted on indictment of certain grave crimes may be sentenced to be detained for long periods) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section; or
(b) he is charged jointly with a person who has obtained the age of 18 and the court considers it necessary in the interests of justice to commit them both for trial;
and accordingly in a case falling within paragraph (a) or (b) of this subsection the court shall commit the accused for trial if either it is of the opinion that there is sufficient evidence to put him on trial or it has power under section 6(2) above so to commit him without consideration of the evidence."