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12 August 2022 / David Walbank KC
Issue: 7991 / Categories: Features , Procedure & practice , Criminal
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Crime brief: 12 August 2022

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David Walbank QC examines a tragic case which underlines the polycentric decision-making process for offences involving young persons
  • Victims’ Right to Review scheme.
  • Charging decisions involving young persons.

We live in an era when decision-making throughout the criminal justice system is ever more hedged about by guidelines, protocols, codes of practice and the like. Whether it be grounds for arrest, charging decisions, legal directions to the jury, sentencing parameters or Parole Board reviews, the exercise of discretion is constrained like never before. It is against that background that the Divisional Court recently struck a blow for common sense and compassion when it comes to the laying of serious criminal charges against young persons.

In R (on the application of Joseph) v Director of Public Prosecutions [2022] EWHC 131 (Admin), [2022] All ER (D) 96 (Jan), Popplewell LJ referred to what he called the ‘polycentric’ decision-making process when considering the possible criminal prosecution of a young person, and also explained the approach to be taken where there is a tension between different guidance documents issued by the Crown Prosecution

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