||All England Reporter
|| All ER (D) 273 (Nov)
||Court of Appeal, Criminal Division
Mance LJ, Sachs and Mitchell JJ
||Levi Peter (assigned by the Registrar of Criminal Appeals) for the defendant.
||Jeremy Lynn (instructed by the Crown Prosecution Service) for the Crown.
||19 November 2002
Criminal evidence and procedure - Abuse of process - Trial on indictment - Stay of proceedings - Magistrates' declining jurisdiction on ground of insufficient sentencing powers - Application made in Crown Court to stay proceedings as abuse of process on ground that magistrates erred in committing for trial - Appropriateness of forum.
In a case involving a 14-year-old defendant charged with robbery, the justices had erred in their interpretation of s24(1)(a) of the Magistrates Court Act 1980 and s100(2)(a) of the and the case should not have been committed to the Crown Court for trial. Whilst the appropriate forum for challenging that decision was the Divisional Court rather than by an abuse of process application in the Crown Court, the conviction was nevertheless safe.
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