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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R (H) v Guildford Youth Court [2008] All ER (D) 02 (Mar)

A juvenile was accused of assault. Before he was interviewed by the police it was intimated to his solicitor that it was possible that the case would be dealt with by way of a final warning.

The juvenile admitted the offence and was bailed to an “intervention clinic”, when it was indicated that the matter would be dealt with by way of a final warning. The Crown Prosecution Service (CPS) subsequently decided that a prosecution would be appropriate, and he was charged.

HELD The fact that a promise was made by an officer of the state, namely the police officer who was in charge at that stage deciding whether or not to prosecute, is something that there is a clear public interest in upholding. The proceedings should therefore have been stayed as an abuse of process.
 

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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