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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Denny, R (on the application of) v Acton Youth Court & Anor  EWHC 948 (Admin) (21 April 2004)
Cite as:  EWHC 948 (Admin), (2004) 168 JP 388,  WLR 3051,  1 Cr App Rep (S) 6,  1 Cr App R (S) 6,  1 WLR 3051,  2 All ER 961
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QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE CRANE
|THE QUEEN ON THE APPLICATION OF RICHARD DENNY||(CLAIMANT)|
|THE ACTON YOUTH COURT||(DEFENDANT)|
|THE DIRECTOR OF PUBLIC PROSECUTIONS||(INTERESTED PARTY)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR ANDREW RAMSUBHAG (instructed by Crown Prosecution Service, Ealing) appeared on behalf of the INTERESTED PARTY
Crown Copyright ©
"Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time after conviction and before sentence, remit him for sentence to a magistrates' court (other than a youth court) acting for the same petty sessions area as the youth court."
Section 9(2)(b) then provides:
"Where an offender is remitted under subsection (1) above the youth court shall adjourn proceedings in relation to the offence and ...
(b) .... the court to which the offender is remitted ... may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the youth court had taken place before the other court."
"... may vary or rescind a sentence or other order imposed or made by it when dealing with an offender; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make."