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R (H) v Southampton
Youth Court (2004) Admin
Whole case here |
In an effort to
assist hard-pressed magistrates to determine
where young persons should be tried without
the need to trawl through the ever-growing list of authorities which touch on
this point, the Administrative Court gave the following guidance:
Under 18 years of age and
in particular children of under 15 years of age should, wherever possible, be
tried in the youth court.
A trial in the Crown Court
with the inevitably greater formality and greatly increased number of people
involved (including a jury and the public) should be reserved for the most
serious cases.
Generally, first-time offenders aged 12 to 14 and all offenders under 12 should
not be detained in custody. Those under 15 will rarely attract a period of
detention and, even more rarely, those who are under 12.
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