Source: All England Reporter
Publisher Citation: [2006] All ER (D) 16 (Oct)
Court: Queen's Bench Division (Divisional Court)

Maurice Kay LJ and Bean J

Representation Hugh Southey (instructed by Henry Hyams, Leeds) for the defendant.
Judgment Dates: 3 October 2006


Magistrates - Jurisdiction - Youth court - Sentencing - Young offender pleading guilty to offence of criminal damage to value of £50 - Youth court sentencing offender to four months detention and training order - Whether sentence lawful - Criminal Damage Act 1997, s 1 - Powers of Criminal Courts (Sentencing) Act 2000, s 101(2).

The Case

A four month detention and training order imposed on a young offender following a plea of guilty to an offence of criminal damage, the value of which was 50, was unlawful. The youth court had no power to impose such a sentence as were an adult to be charged with a similar offence in the magistrates' court, the maximum sentence which could be imposed would be three months' imprisonment and Parliament could not have intended the imposition on a young offender of a greater sentence than could be imposed on an adult.

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