The court considered the proper approach to the Victims’ Right to Review Guidance of CPS decisions and to claims made in respect of decisions to charge where the original decision was not to charge.
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The court considered the proper approach to the Victims’ Right to Review Guidance of CPS decisions and to claims made in respect of decisions to charge where the original decision was not to charge.
COMMITTAL FOR TRIAL CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROPER APPROACH TO VICTIMS’ RIGHT TO REVIEW GUIDANCE RAPE REVERSAL OF DECISION NOT TO PROSECUTE RAPE ALLEGATION REVIEWS SUSPECT’S RIGHT TO MAKE REPRESENTATIONS VICTIMS
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
A judge had been wrong to commit a child for trial in the Crown Court for a sexual offence because, taking into account the child’s previous good character and the fact that he was 11 years old at the time of the offence, there was no real prospect that the Crown Court would exercise its powers under the Powers of Criminal Courts (Sentencing) Act 2000 s.91 to impose a custodial sentence.
11=YEAR-OLD CHARGED WITH CAUSING OR INCITING CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN COMMITTAL FOR TRIAL CRIMINAL PROCEDURE CROWN COURT CUSTODIAL SENTENCES JURISDICTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(3) s.5(1)(a) s.83 s.91 SENTENCING SEXUAL OFFENCES ACT 2003 s.8 YOUTH COURTS
A youth court’s decision to decline jurisdiction and commit youths charged with an offence under the Sexual Offences Act 2003 s.13 to the Crown Court for trial was manifestly wrong as there was no real prospect of the imposition of a custodial sentence of over two years in length.
CHILD SEX OFFENCES COMMITTAL FOR TRIAL COMMITTALS CRIMINAL LAW CRIMINAL PROCEDURE MAGISTRATES’ COURTS ACT 1980 s.24 MODE OF TRIAL PROSPECT OF CUSTODIAL SENTENCE PROSPECT OF CUSTODIAL SENTENCE~CHILD SEX OFFENCES s.3 Sch.6 para.43 SEXUAL OFFENCES ACT 2003 s.13 YOUNG OFFENDERS
Investigations discontinued prior to April 1 1997 did not amount to a criminal investigation invoking the committal regime under the Criminal Procedure and Investigations Act 1996 Part I . However a hybrid committal could take place if previous investigations had been put on hold and resurrected following the 1996 Act coming into force.
ABUSE OF PROCESS ADVERSE INFERENCES BUGGERY CARE WORKERS COMMITTAL FOR TRIAL COMMITTALS CRIMINAL EVIDENCE CRIMINAL INVESTIGATIONS CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 s.34 CRIMINAL PROCEDURE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 CROSS-ADMISSIBILITY DELAY FAILURE TO MENTION FACTS INDECENT ASSAULT JURY DIRECTIONS JURY DIRECTIONS AS TO ADVERSE INFERENCES AND CROSS ADMISSIBILITY OF EVIDENCE LOCAL AUTHORITY RESIDENTIAL ESTABLISHMENTS LOCAL GOVERNMENT MAGISTRATES’ COURTS ACT 1980 MANIFESLTLY EXCESSIVE SENTENCE PARTI CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 RAPE RESIDENTIAL CARE S.34 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 SENTENCE LENGTH SENTENCING SEVERANCE SEXUAL OFFENCES SEXUAL OFFENCES COMMITTED AT LOCAL AUTHORITY RESIDENTIAL CENTRE STAY OF PROCEEDINGS SUMMING UP
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