CC, R (on the application of) v Plymouth Youth Court

1. MRS JUSTICE FARBEY: This is an extremely urgent application for judicial review of a district judge refusing to send a case for trial to the Crown Court and retaining the jurisdiction of the Youth Court. I do not need to set out the chronology, which I have very helpfully received today in writing.

2. It is agreed both by the claimant and by the interested party that the district judge's decision was unlawful.

3. I am grateful to the district judge for her comments and observations sent in writing as part of her acknowledgement of service and I have taken them fully into account, while noting that she does not intend to take further part in the proceedings in the sense that she neither appears nor is represented today.

4. She has herself asked for a very speedy decision because the trial in the Youth Court is due to start on Monday and it is now Friday morning.

5. I have considered all the papers, including the district judge's helpful observations. I am in no doubt whatsoever that the district judge's decision should be quashed for the reasons set out in writing, both by the claimant and by the interested party.

6. It is regrettable that a section 51C certificate was not issued at the appropriate time which would have saved public expense and also would have saved a 17 year old defendant and some 15 year old complainants from expecting to have to give evidence in the Youth Court next week.

7. Be that all as it may, I am in not doubt that the only appropriate venue for this very serious matter in the Crown Court.

8. Having discussed the matter with counsel, a view has been reached both at the Bar and on the Bench, that the appropriate way forward is for me to quash the district judge's decision, to vacate the Youth Court trail due to start on Monday and to exercise the powers of a district judge under section 66 of the Courts Act 2003 to send the case to the Crown Court for trial.

9. I have been compelled to look at the matter at great speed owing to some delay in the filing of the application. Should it turn out that for some technical reason which neither counsel nor I can presently ascertain that there is some technical flaw in my sending the case to the Youth Court, I have no doubt that the Crown Court will deal with the matter appropriately and in the established way.

10. I do not propose to make any order for costs. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground, 46 Chancery Lane, London WC2A 1JE Email: [email protected]