R (P) v Barking Youth Court [2002] EWHC 734 (Admin)

The Youth Court, in considering fitness to plead, had wrongly adopted the procedure laid down for the Crown Court; s11(1) Powers of Criminal Courts (Sentencing) Act 2000 and s37(3) Mental Health Act 1983 provide a complete statutory framework for the determination by the Magistrates' Court, itself a creature of statute, of all the issues that arise in cases of defendants who are or may be mentally ill or suffering from severe mental impairment in the context of offences which are triable summarily only; the procedure is first to determine whether P did the acts alleged against him, and if so, then to consider, in the light of such reports as they may think necessary, whether the case is one for an order under s37(3)); for these purposes a youth court is a magistrates' court.


Judgment: 17th April 2002

Before: May LJ, Wright J

Mr S J Simblet (instructed by Kaim Todner) for the Claimant

Mr DCH Cartwright (instructed by The Crown Prosecution Service) for the Interested Party

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