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Supreme Court upholds exclusion of adults from child summary trial procedures for offences committed as minors
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The Supreme Court dismissed an appeal by an individual who had been charged with robbery allegedly committed as a child but prosecuted after turning 18. The appellant argued that his exclusion from more lenient and child-focused criminal procedures due to his adult status at charge was arbitrary and breached constitutional equality rights, as well as the European Convention on Human Rights. The Court upheld the High Court’s dismissal, finding that the distinction in the legislation—reserving the special summary procedure for those still children at the time of prosecution—was rational, linked to the legitimate aim of protecting children in the criminal justice process, and not arbitrary or discriminatory. The Court also found that adult defendants retain the right to have youth and maturity considered at sentencing, and rejected arguments for extending child-specific court procedures to adults accused of juvenile offences.
criminal procedure – Children Act 2001 – summary disposal – constitutional equality – Article 40.1 – Article 42A – European Convention on Human Rights – Article 6 ECHR – Article 8 ECHR – Article 14 ECHR – alleged juvenile offence – aged out child – sentencing jurisdiction – discrimination – judicial review – relief sought: declaration and prohibition – District Court jurisdiction – difference in treatment – legitimate legislative purpose – right to fair trial
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