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Criminal law – Trial of children and young persons. The second defendant, B, aged 16, was charged with child sexual offences. The claimant Director of Public Prosecution sought judicial review of the first defendant youth court's decision to retain jurisdiction on the basis there was power to commit B for sentence, including under s 3B(1) of the Powers of Criminal Courts (Sentencing) Act 2000. The Divisional Court, in allowing the application, held that the youth court had failed to appreciate that the amendment to s 3B of the 2000 Act had not been in force at the time it had made its decision. Further guidance was given on the resulting statutory structure.
Criminal law – Trial of children and young persons. The second defendant, B, aged 16, was charged with child sexual offences. The claimant Director of Public Prosecution sought judicial review of the first defendant youth court's decision to retain jurisdiction on the basis there was power to commit B for sentence, including under s 3B(1) of the Powers of Criminal Courts (Sentencing) Act 2000. The Divisional Court, in allowing the application, held that the youth court had failed to appreciate that the amendment to s 3B of the 2000 Act had not been in force at the time it had made its decision. Further guidance was given on the resulting statutory structure.
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