R (BH) v Norwich Youth Court

Subject Matter

MAGISTRATES' COURT — Youth court — Jurisdiction — Defendant appearing in youth court two months before turning 18 charged with indictable offences committed when aged 16 — Youth court retaining jurisdiction without seeking indication of plea, contrary to statutory procedure — Whether failure to comply with procedure depriving youth court of jurisdiction — Whether defendant to be sent to Crown Court for trial — Whether defendant having right to Crown Court trial — Magistrates’ Courts Act 1980 (c 43), s 24A — Crime and Disorder Act 1998 (c 37), s 51A — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14

[2023] EWHC 25 (Admin); [2023] 1 WLR 1927; [2023] 1 Cr App R 20; [2023] WLR(D) 27; [2023] ACD 38, DC

Commentary

Blackstones Criminal Practice 2025
Mode of Trial and Procedure for Persons Close to 18th Birthday - Accused Attaining the Age of 18 During Proceedings - Relevant Date D24.71

Detention under the Sentencing Code (Sentencing Act 2020, s. 250) E15.5

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