Source: All England Reporter
Publisher Citation: [2006] All ER (D) 85 (Jul)
Court: Queen's Bench Division (Divisional Court)
Judge:

Laws LJ and Walker J
Representation Hugh Blake-James (instructed by Panesar & Co, Grays) for the claimant.
  The defendant was not represented and did not appear.
Judgment Dates: 7 July 2006

Catchwords

Magistrates - Youth court - Procedure - Power of youth court to send young persons to Crown Court - Claimant charged with robbery - No report on claimant before youth court - Youth court deciding to send claimant to Crown Court on basis significant risk of serious harm - Whether decision of youth court perverse - , s 51A(3)(d).

The Case

When determining that the justices in the youth court had not been perverse in sending the claimant to the Crown Court for trial pursuant to s51A(3)(d) of the in respect of the robbery of two strangers on a train, the court commented that those advising young offenders should make shift to obtain material regarding the young offender before the first appearance in court. In the instant case, the offender had a low IQ, was small of stature, and the crime had not involved serious harm, but no reports had been prepared on him.

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