Source: All England Reporter
Publisher Citation: [2002] All ER (D) 319 (Jul)
Court: Divisional Court

Lord Woolf CJ and Kay LJ

Representation Alan Newman QC and Christopher Williams (instructed by McGrath & Co, Birmingham) for the claimant.
  Steven Thomas (instructed by the Crown Prosecution Service, Birmingham) for the prosecution.
Judgment Dates: 23 July 2002


Magistrates - Youth court - Procedure - Young person accused of robbery of mobile phone - Court determining matter suitable to be held in youth court and fixing date for trial - Before trial date Court of Appeal giving judgment on robberies of mobile phones - Youth court deciding to change from summary trial to committal proceedings - Whether youth court in error - s 25.

The Case

A youth court had been wrong to alter the mode of trial of the claimant following the delivery of judgment by the Court of Appeal, Criminal Division which concerned the same offence with which the claimant had been charged. It was clear from that judgment that no fresh guidelines were being established and thus there was no change of circumstances as would justify the youth court from departing from its decision to try the case summarily.

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