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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> AB, R. v [2018] EWCA Crim 2445 (10 August 2018) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2018/2445.html Cite as: [2018] EWCA Crim 2445 |
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CRIMINAL DIVISION
The Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE KNOWLES
and
MR JUSTICE GOOSE
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R E G I N A | ||
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A B |
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Crown Copyright ©
LADY JUSTICE THIRLWALL: I shall ask Mr Justice Goose to give the judgment of the court.
MR JUSTICE GOOSE:
"No matter relating to [the appellant], a person concerned in the proceedings, shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person concerned in the proceedings and in particular:
a) His name;
b) His address;
c) The identity of any school or other educational establishment attended by him;
d) The identity of any place of work; and
e) Any still or moving picture of him."
We extend the terms of the order under section 45 to this appeal. The appellant will be referred to as "AB".
"3B Committal for sentence on indication of guilty plea by child or young person
(1) This section applies where –
(a) a person aged under 18 appears or is brought before a magistrates' court ('the court') on an information charging him with an offence mentioned in subsection (1) of section 91 below ('the offence');
(b) he or his representative indicates under section 24A or (as the case may be) 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that he would plead guilty if the offence were to proceed to trial; and
(c) proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.
(2) If the court is of the opinion that –
(a) the offence; or
(b) the combination of the offence and one or more offences associated with it, was such that the Crown Court should, in the court's opinion, have power to deal with the offender as if the provisions of section 91(3) below applied, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with section 54(1) below.
(3) Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly."
"91 Offenders under 18 convicted of certain serious offences: power to detain for specified period
(1) Subsection (3) below applies where a person aged under 18 is convicted on indictment of –
(a) an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law; or
section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence).
…
(3) If the court is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over..."
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