header-logo header-logo

04 April 2008
Issue: 7315 / Categories: Case law , Law digest
printer mail-detail

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.
 

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll