By Francis Jones 

What do you say when asked this by The Right Honorable Lord Justice Thomas in the case of G v Llanelli Magistrates Youth Court in the Divisional Court [2006] EWHC 1413 (Admin) (Co/1453/2006), to the man who told an audience at Swansea University that there were too many criminal trials. I would like to say that it’s not surprising given the inexorable downgrading of the Criminal Justice system from the gastronomic equivalent of a relatively healthy chicken sandwich to a pot noodle. No, I merely expressed the view that although papers had only been served on solicitors at Court and an adjournment refused those instructing me had correctly submitted that the matter should remain at the Youth Court, unlike the CPS lawyer and legally qualified Court clerk.

The allegations involved a 78 year old lady having her handbag forcibly snatched at a bus stop. G was 13 years old, two convictions for seven offences, given a reprimand and a warning. The other Applicant a 10 year old with no convictions.

The policy outlined in R v Southampton Youth Court [2004] EWHR 2912 Leveson J p.32 – 35

a) Those under 18 and particularly those under 15 years should be tried in the Youth Court.

b) Those under 15 will rarely attract a period of detention and even more rarely those under 12. S.91 of the Powers of Criminal Courts (Sentencing)                Act 2000 exceptional power to detain for grave offences should not be used to water down the principle.

c) Is there a real prospect the case might require a sentence of or in excess of 2 years, see also CPS v Sunny Youth Court and Ghanbari [2005] EWCH 292 (Admin) Rose LJ para 17 and R v Brent Youth Court [2006] EWCA 95 (Admin) Smith LJ “If all (defendants) are under 18, the Court must make an appropriate decision for each Defendant, even if this results in one Defendant being tried in the Youth Court and others in the Crown Court”.

So will things change? Only if our local guardians of justice are less influenced by the tabloids than the law reports. So, when it happens to you:

1) Write to the Court asking them to reconsider because you are contemplating judicial review.

2) Also ask them to state reasons for their decisions in the likely event of them denying they were wrong.

3) Get an opinion that the outcome at the Divisional Court is of a certain victory (to obtain Civil Legal Aid).

4) Download the Court forms from www.courtserve.gov.uk

5) Prepare a bundle in the knowledge that you are being paid at High Court rates.

7) You can tell Thomas LJ that you are doing your bit to cut down on criminal trials because dear reader, at the Youth Court they dropped the case against G.