H v Doncaster Youth Court

H v Doncaster Youth Court

The remainder of the term of the detention and training order means the period between the date the court finds the breach and the expiry of the original order; detention cannot extend beyond the expiry date of the original order.

Parties
Claimant: H; First Defendant: Doncaster Youth Court; Second Defendant: Doncaster Youth Offending Service
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal allowed
Legal Topics
Detention and Training Orders, Statutory Interpretation, Youth Justice
Criminal Law Sentencing Detention and Training Orders Statutory Interpretation Youth Justice

Case Brief

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Parties

H

Claimant

Doncaster Youth Court

First Defendant

Doncaster Youth Offending Service

Second Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 How to calculate 'the remainder of the term of the detention and training order' under Section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The remainder of the term of the detention and training order means the period between the date the court finds the breach and the expiry of the original order; detention cannot extend beyond the expiry date of the original order.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the interpretation of Section 104(3) is as stated in the judgment.
  • No order made regarding the lawfulness of the period of custody; such relief must be sought via separate judicial review proceedings.