Source: All England Reporter
Publisher Citation: [2002] All ER (D) 273 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Mance LJ, Sachs and Mitchell JJ

Representation Levi Peter (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jeremy Lynn (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 19 November 2002

Catchwords

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.

The Case

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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