Into the Labyrinth via the Morass: Issues for Youth Courts in Dealing with Gravity and Dangerousness
| Author | Nigel Stone |
| Published date | 01 August 2006 |
| Date | 01 August 2006 |
| DOI | http://doi.org/10.1177/1473225406065563 |
| Subject Matter | Articles |
LEGAL COMMENTARY
Copyright 2006 The National Association for Youth Justice
Published by SAGE Publications (London, Thousand Oaks and New Delhi)
www.sagepublications.com
ISSN 1473-2254, Vol 6(2): 143–152
DOI: 10.1177/1473225406065563
Legal Commentary
Into the Labyrinth via the Morass: Issues for Youth
Courts in Dealing with Gravity and Dangerousness
Nigel Stone
Correspondence: Nigel Stone, School of Social Work and Psychosocial Studies, Elizabeth
Fry Building, University of East Anglia, Norwich, NR4 7TJ, UK. Email: n.stoneVuea.ac.uk
1. Grave v. Dangerous
Earlier Commentaries (see, in particular, Stone, 2005, 2006a and 2006b) have noted:
firstly, the use appropriately made of youth courts’ power under section 24(1) of the
Magistrates’ Courts Act (MCA) 1980 to commit a young offender to the Crown Court
for trial in respect of an allegation amounting to a grave crime, punishable by detention
under section 91(3) of the Powers of Criminal Courts (Sentencing) (PCC(S)A) Act 2000;
and, secondly, the powers of the Crown Court under the ‘dangerousness’ provisions of
the Criminal Justice Act 2003 (CJA, hereafter ‘the 2003 Act’). Though largely
superseded by the 2003 Act scheme, s.91 power remains a live consideration. The
recent judgement of the Divisional Court in Crown Prosecution Service v South East Surrey
Youth Court and Ghanbari [2005] EWHC 2929 (Admin) prompts attention to the overlap
of these two not readily compatible sets of provisions, in light of the procedural
complexities arising from amendments to MCA 1980 introduced by the 2003 Act.
As a starting point it is worth reiterating that s.91 detention may be imposed in
respect of any offence punishable with imprisonment for 14 years or longer, plus
indecent assault (of a male or female person).
1
This power may only be exercised on
conviction on indictment, not on committal for sentence. ‘Grave’ crimes within this
provision should be distinguished from ‘specified’ offences within the ambit of the
dangerousness provisions of the 2003 Act, applicable to ‘specified’ ‘violent’ and ‘sexual’
offences, as listed in Schedule 15 of the Act. These provisions are exercisable by the
Crown Court following either conviction on indictment or summary conviction and
committal for sentence. ‘Specified’ offences are sub-divisible into ‘serious’ and
non-serious, the former being distinguished by being punishable, in the case of a person
aged 18 or older, by imprisonment for ten years or longer. Most ‘grave’ crimes are also
both ‘specified’ and ‘serious’ offences for the purpose of the 2003 Act, the principal
exception being domestic burglary (other than with intent to inflict grievous bodily
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