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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll