Source: All England Reporter
Publisher Citation: [2002] All ER (D) 128 (Feb)
Court: Administrative Court
Judge:

Keene LJ and Goldring J
Representation Joanne Briggs (instructed by Stephanie Dale & Co) for the appellant.
  Nicholas Hall (instructed by the Crown Prosecution Service, Brighton) for the prosecution.
Judgment Dates: 11 February 2002

Catchwords

Sentence - Young offender - Offender attaining age of 18 before conviction and sentence - Whether justices entitled to sentence offender as if he was still 17 - s 29 - s 100.

The Case

Justices were entitled, pursuant to s29 of the to sentence a defendant to a detention and training order even though the defendant had attained the age of 18 prior to the sentencing hearing, provided the defendant was under 18 when he committed the offence and crucially at the date when the court decided whether they were obliged to try him summarily. Although s100 of the was in mandatory terms it could not be said that that section had impliedly repealed s29.

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