Source: All England Reporter
Publisher Citation: [2009] All ER (D) 76 (Jul)
Court: Queen's Bench Division, Divisional Court
Judge:

Sir Anthony May P and Saunders J (Judgment delivered extempore)
Representation Stephen Field (instructed by The Johnson Partnership, Nottingham) for the claimant.
  Jonathan Eley (instructed by Leicestershire Police Headquarters and CPS, Leicester) for the defendants.
Judgment Dates: 8 July 2009

Catchwords

Criminal law - Young offender - Final warning scheme - Making of clear and reliable admission of guilt - Claimant child suspected of attempted rape - Crown Prosecution Service advising issue of final warning - Police issuing claimant with final warning - Whether claimant making clear and reliable admission of guilt - Whether final warning ought to be quashed - s 1 - s 65.

The Case

Criminal law Young offender. Queen's Bench Division, Divisional Court: The court ordered the quashing of the claimant's final warning, in circumstances where he had been suspected of attempted rape, on the grounds that he had not given a 'clear and reliable admission of guilt' as to the elements of the offence in question, and the pre-conditions to the issue of a final warning under s65 of the had not been met.

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