Parliament challenged to end legal flaw that puts youths in adult courts

One of the country’s most senior judges yesterday said the matter required attention after dismissing a Judicial Review in Leeds which highlighted the problem.

That came only weeks after emergency legislation had to be rushed through Parliament to clarify the law on police bail.

The new problem has emerged in cases where young people under 18 get sent by magistrates to the Crown Court to face a trial because they are jointly charged with adults, who then plead guilty leaving only the juvenile to face trial.

In the past courts have often remitted the child to the youth court to be tried by magistrates but it emerged recently in Leeds that crown courts might not have the legal powers to do that.

One judge said he considered he did have such powers but in another case involving a 14-year-old, a Leeds Crown Court judge ruled the schoolboy would have to remain there to be tried by a jury.

The teenager was at the crown court because he was jointly charged with a 20-year-old man on a burglary charge who then admitted the offence.

The issues were raised with the Recorder of Leeds, Judge Peter Collier QC who also concluded there was no power to remit the boy but suggested the Divisional Court might want to consider the issue because of the implications.

As a result lawyers representing the boy sought a judicial review which was expedited within days.

Paul Greaney QC, representing the teenager, argued that where the same situation arose in the magistrates’ court they were able to remit the young person to the youth court and suggested that Parliament must have intended the crown court to have the same power.

But Sir Anthony May, President of the Queens Bench Division refused the claim with regret saying that would be to bring in “judicial legislation.” Sitting with Mr Justice Langstaff he said: “I trust those concerned will feel able to give effect to a short piece of amending legislation.”