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17 May 2007
Issue: 7273 / Categories: Case law , Law digest
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Criminal Litigation

DPP v P [2007] EWHC 946 (Admin), [2007] All ER (D) 244 (Apr)

Although the youth court has an inherent jurisdiction to stay proceedings as an abuse of process at any stage, that jurisdiction is limited to matters directly affecting the fairness of the trial of the particular defendant concerned, and should only be exercised in exceptional circumstances, on the ground of one or more of the capacity issues, before any evidence is heard.

The fact that a person has previously been held unfit to plead does not make it an abuse to try that person for subsequent criminal acts; rather, the issue of the child’s ability to participate effectively has to be decided afresh. The court has a duty to keep under continuing review the question of whether the trial ought to continue. If at any stage the court concludes that the child is unable to participate effectively in the trial, it may decide to halt the trial.

However, the court might consider that it is in the interests of the child that the trial should

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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