A challenge, by way of judicial review, by a young offender convicted of the murder and rape of a 14-year-old girl, to an excepting direction which discharged a reporting restriction order imposed under the Youth Justice and Criminal Evidence Act 1999 s.45(3), was refused.
ADMINISTRATION OF JUSTICE ANONYMITY CRIMINAL PROCEDURE CULPABILITY DETENTION AT HER MAJESTY’S PLEASURE EXCEPTING DIRECTIONS IDENTIFICATION JURISDICTION MENTALLY DISORDERED OFFENDERS MINIMUM TERM MURDER OPEN JUSTICE RAPE REPORTING RESTRICTIONS SENTENCING YOUNG OFFENDERS
A district judge had failed to appreciate when deciding to retain jurisdiction to prosecute a young offender in the youth court for child sex offences that an amendment to the Powers of Criminal Courts (Sentencing) Act 2000 s.3B introduced by the Criminal Justice and Courts Act 2015 s.53 was not in force when he made his decision.
ADMINISTRATION OF JUSTICE CHILD SEX OFFENCES COMMITTAL FOR TRIAL CRIME AND DISORDER ACT 1998 s.51A CRIMINAL JUSTICE AND COURTS ACT 2015 s.53 CRIMINAL LAW CRIMINAL PROCEDURE JURISDICTION MODE OF TRIAL POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(1) RAPE OF CHILD UNDER 13 RELIANCE ON AMENDMENT TO COMMITTAL FOR SENTENCE PROCEDURE NOT YET IN FORCE RETENTION OF JURISDICTION IN ERROR s.31 s.3B s.3B(1) s.3C s.51A(3) s.5A(1) s.6 s.91 s.91(3) YOUNG OFFENDERS YOUTH COURTS
The court expressed concerns about the professional response to the death of a 13-month-old child who had died suddenly and in unexplained circumstances whilst in her parents’ care. In particular, it criticised the police failure to undertake any real investigation until nine months after the child’s death and the local authority’s failure to take legal advice and start proceedings for a similar period. Those failures affected the court’s ability to make findings of fact about the cause of the death during care proceedings.
ADMINISTRATION OF JUSTICE BABIES CHILD SEXUAL ABUSE CORONERS CORONERS’ POWERS AND DUTIES CRIMINAL INVESTIGATIONS DEATH FAMILY LAW LOCAL AUTHORITIES’ POWERS AND DUTIES LOCAL GOVERNMENT NON-ACCIDENTAL INJURY POLICE
The Court of Appeal of Northern Ireland did not have jurisdiction to hear a purported appeal under the Criminal Appeal (Northern Ireland) Act 1980 against the lifting of reporting restrictions following a young offender’s conviction for serious sexual offences as the order had not been made on conviction as was required by s.8. The interim reporting restriction order had been made shortly before the giving of sentence.
ADMINISTRATION OF JUSTICE ANONYMITY APPEAL AGAINST LIFTING OF REPORTING RESTRICTIONS ON YOUNG OFFENDER APPEALS AGAINST SENTENCE art.22(1) art.22(2) art.22(3) art.3 art.8 CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980 s.8 CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998 art.22 CRIMINAL JUSTICE ACT 1988 s.159(1)(c) CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 JURISDICTION NORTHERN IRELAND OPEN JUSTICE ORDER NOT MADE ON CONVICTION REPORTING RESTRICTIONS s.159 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.1 YOUNG OFFENDERS
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