S. (an Infant) v Recorder of Manchester

APPEAL from the Divisional Court.

This was an appeal by leave of the Divisional Court of the Queen's Bench Division from the decision of the Divisional Court (Lord Parker C.J., Edmund Davies L.J. and Caulfield J.), dated January 23, 1969, dismissing the appeal of the appellant, one S., an infant, from the decision of the Recorder of Manchester sitting at the Crown Court, Manchester, confirming a finding by Manchester City Juvenile Court of guilt of the offence of attempted rape and an order made by that court admitting and detaining the appellant in Calderstones Hospital.

On May 30, 1968, the appellant then aged 16, was charged before Manchester City Juvenile Court with attempted rape. He consented to be tried summarily and pleaded guilty. Before the end of that day's hearing this plea had been accepted and a conviction was recorded. The appellant was thereupon remanded for a medical report until June 20, 1968.

On June 20, the appellant, who was not represented at the earlier hearing, was legally represented by a solicitor. He applied for the plea of guilty and finding of guilt on May 30, to be removed and for the court to accept an amended plea of not guilty. The magistrates, however, refused so to do on the ground that they were functi officio and they ordered the finding of guilt to stand and proceeded to make a hospital order against the appellant under section 60 of the Mental Health Act, 1959.

On August 1, 1968, at the Crown Court at Manchester the Recorder of Manchester dismissed an appeal by the appellant against the above conviction and order and refused to remit the matter to the juvenile court for rehearing.

The appellant, by his next friend Stanley Milmo Parsons, applied to the Divisional Court for an order of certiorari to bring up and quash the appellant's conviction for the offence of attempted rape dated May 30, 1968, and for an order of mandamus directed to the magistrates of Manchester City Juvenile Court requiring them to enter a plea of not guilty to the charge of attempted rape and to hear and determine the matter afresh, and further for an order of certiorari to bring up and quash a refusal by the Recorder of Manchester on August 1, 1968, to allow the appellant's appeal and to remit the matter to the juvenile court for rehearing.

The Divisional Court, applying Reg. v. Gore justices, Ex parte N. (An Infant) [1966] 1 W.L.R. 1522, dismissed the application but subsequently gave leave to appeal to the House of Lords and certified that the following point of law of general public importance was involved in the decision:

1. Whether a court of summary jurisdiction, which has already accepted a plea of guilty to the offence charged, is in law debarred from permitting a plea of not guilty to be substituted at any time before passing sentence.

2. Whether the discretion of a court of summary jurisdiction to allow a change of plea is different from that exercised by a court of record.

3. Whether on the facts found it was open to the Manchester City Juvenile Court on June 6, 1968, to permit the appellant to withdraw his plea of guilty of the offence charged which had been given and entered on May 30, 1968, and to substitute therefor a plea of not guilty.

The facts are more fully stated in their Lordships' opinions.