Source: All England Reporter
Publisher Citation: [2005] All ER (D) 260 (Nov)
Neutral Citation: [2005] EWHC 2583 (Admin)
Court: Queen's Bench Division (Divisional Court)

Scott Baker LJ and Rafferty J

Representation Hugh Southey (instructed by Lawrence & Co) for the claimant.
  Mark Heywood (instructed by the Crown Prosecution Service) for the prosecution.
  Martin Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department.
Judgment Dates: 21 November 2005


Magistrates - Jurisdiction - Youth court - Abuse of process - Claimant having low IQ - Whether possible for claimant to receive fair trial - Test to be applied.

The Case

The question to be asked by a judge in the youth court to determine whether the claimant would receive a fair trial: was would the claimant be able to effectively participate in his trial. The steps to be taken during the trial to ensure that would include (i) keeping the claimant's level of cognitive functioning in mind; (ii) using concise and simple language; (iii) having regular breaks: (iv) taking additional time to explain court proceedings; (v) being proactive in ensuring the claimant understands the ingredients of the charge; (vi) explaining the possible outcomes and sentences; and (viii) ensuring that cross-examination was carefully controlled so that questions were short and clear and frustration was minimised.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.