header-logo header-logo

Home Login E-newsletter About us
12 August 2022 / David Walbank KC
Issue: 7991 / Categories: Features , Procedure & practice , Criminal
printer mail-detail

Crime brief: 12 August 2022

© Copyright LexisNexis 2026. All Rights Reserved.
90408
David Walbank QC examines a tragic case which underlines the polycentric decision-making process for offences involving young persons
  • Victims’ Right to Review scheme.
  • Charging decisions involving young persons.

We live in an era when decision-making throughout the criminal justice system is ever more hedged about by guidelines, protocols, codes of practice and the like. Whether it be grounds for arrest, charging decisions, legal directions to the jury, sentencing parameters or Parole Board reviews, the exercise of discretion is constrained like never before. It is against that background that the Divisional Court recently struck a blow for common sense and compassion when it comes to the laying of serious criminal charges against young persons.

In R (on the application of Joseph) v Director of Public Prosecutions [2022] EWHC 131 (Admin), [2022] All ER (D) 96 (Jan), Popplewell LJ referred to what he called the ‘polycentric’ decision-making process when considering the possible criminal prosecution of a young person, and also explained the approach to be taken where there is a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Copyright © 2026 LexisNexis
back-to-top-scroll