ADHD

If the youth court decided to halt the trial of a child on the ground that he lacked the mental capacity to take an effective part in the proceedings it should consider whether to switch to a fact-finding process. The proceedings should be stayed as an abuse of process before fact-finding only if no useful purpose at all could be served by finding the facts.

[2007] EWHC 946 (Admin)

A sentence of four and half years for robbery would be quashed and a sentence of three years nine months substituted, as, despite the fact further offences were committed whilst the first defendant was on bail, a sentence that fell within the short sentence band was appropriate. A sentence of two years was appropriate for the second defendant even though he was of low intelligence.

[2003] EWCA Crim 2314