Tullet, R (On the Application Of) v Medway Magistrates Court

Tullet, R (On the Application Of) v Medway Magistrates Court

It is proper and necessary for the Youth Court to consider previous convictions when deciding whether to commit a juvenile for trial under section 24 of the Magistrates' Court Act 1980, as the statutory test requires assessment of possible sentence, and previous authorities to the contrary are no longer binding.

Source-derived case information.

Parties
Claimant: Joseph Clive Tullet; Defendant: Medway Magistrates Court; Interested Party: Director of Public Prosecutions (Interested Party)
Jurisdiction
England and Wales
Judgment Date
22 August 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Application refused
Legal Topics
Committal for Trial, Disclosure of Previous Convictions, Youth Court Jurisdiction, Sentencing Powers
Criminal Law Youth Justice Judicial Review Committal for Trial Disclosure of Previous Convictions Youth Court Jurisdiction Sentencing Powers

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Parties

Joseph Clive Tullet

Claimant

Medway Magistrates Court

Defendant

Director of Public Prosecutions (Interested Party)

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether magistrates may consider previous convictions when deciding to commit a juvenile for trial under section 24 of the Magistrates' Court Act 1980
  2. 2 Whether previous authorities prohibiting such consideration remain good law

Ratio Decidendi

It is proper and necessary for the Youth Court to consider previous convictions when deciding whether to commit a juvenile for trial under section 24 of the Magistrates' Court Act 1980, as the statutory test requires assessment of possible sentence, and previous authorities to the contrary are no longer binding.

Court Disposition

Application refused

Orders

  • Application for judicial review is refused
  • The committal decision of the Youth Court stands