QUEEN'S BENCH DIVISION
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE JACKSON
|BALHAM YOUTH COURT||(DEFENDANT)|
|DIRECTOR OF PUBLIC PROSECUTIONS||(INTERESTED PARTY)|
Smith Bernal Wordwave Limited
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(Official Shorthand Writers to the Court)
MR D ATKINSON (instructed by the Crown Prosecution Service) appeared on behalf of the INTERESTED PARTY
THE DEFENDANT did not appear and was not represented
Crown Copyright ©
Part 1: Introduction.
Part 2: The facts.
Part 3: The present proceedings.
Part 4: the Balham Youth Court's decision on 18th March 2003 to decline summary jurisdiction.
"(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 ...
"(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 a 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."
"(1) Where a person under the age of 18 appears or is brought before a magistrates' court on an information charging him with an indictable offence other than homicide, he shall be tried 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 attained 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 (a) or (b) of this subsection the court shall commit the accused for trial if either it is of 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."
Part 5: Balham Youth Court's decision on 22nd April 2003 to commit.
" ... (5) Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence other than homicide, and the court -
"(a) has begun to try the information summarily on the footing that the case does not fall within paragraph (a) or (b) of section 24(1) above and must therefore be tried summarily, as required by the said section 24(1); or
"(b) has begun to inquire into the case as examining justices on the footing that the case does so fall,
"subsection (6) or (7) below, as the case may be, shall have effect.
"(6) If, in a case falling within subsection(5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after all one which under the said section 24(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, shall adjourn the hearing.
"(7) If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section 24(1) ought to be tried summarily, the court may proceed to try the information summarily."
Part 6: Conclusion.