JR elicits clarification of Section 25 of the Magistrates Courts Act 1980

7 March 2006

Judicial Review proceedings brought against Manchester City Youth Court yesterday were successful in challenging the Youth Court’s decision to decline jurisdiction to deal with trial and sentence. Clarification of this procedure under Section 25 was then given.

R (on the application of R) v Manchester City Youth Court [2006] EWHC 564 (Admin)  is one of a long line of cases challenging decisions of Youth Courts to decline jurisdiction and commit for trial where there was no realistic prospect of the defendant being given a sentence in excess of 2 years detention (see Section 24 of the Magistrates Courts Act 1980).

The Claimant, R, aged 15 and of previous good character, was charged with an unremarkable burglary. Ouseley J quashed the decisions to refuse jurisdiction and to commit for trial on the basis that it was inconceivable that R would receive a sentence of detention for more than 2 years.

The decision is significant because the Judge went on to clarify the procedure under Section 25, whereby the Youth Court should have revisited the issue of venue at the committal proceedings, and were entitled to revert to accepting jurisdiction and dealing with the matter summarily.

The Claimant was represented by Garden Court North Chambers’ Pete Weatherby (instructed by Otten Penna Solicitors).

Share this

Chambers news

Chambers news

UN Human Rights Committee holds that the Mauritius ID Card Scheme is in violation of the ‘right to privacy’ under Article 17, ICCPR

In a highly significant decision published on 22 July 2021, the UN Human Rights Committee has determined that the Mauritius ID card scheme is in...

Chambers news

DWP concede new ‘transitional protection’ judicial review: Deadman and Ryan v Secretary of State for Work and Pensions (CO/1146/2021, 22 July 2021)

A couple who lost £10,000 on transferring to Universal Credit are to receive full compensation for their past and future loss, following a successful judicial...

Chambers news

10th Edition of Macdonald’s Immigration Law & Practice is dedicated to the life & legacy of Ian Macdonald QC

The landmark 10th Edition of Macdonald’s Immigration Law & Practice has been dedicated to the life and legacy of the late Ian Macdonald QC whose...

Chambers news

The Grand Chamber of the Court of Justice of the European Union (CJEU) will give judgment in CG v Department for Communities (C-709/20) on 15 July 2021

Two big ‘right to reside’ decisions in one day from the European Court of Justice: when can states lawfully discriminate in the provision of welfare...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up