A defendant convicted of murder at the age of 15 was refused an application to adduce fresh psychiatric evidence aimed at explaining his reasons for maintaining his innocence at trial. His admission of guilt after conviction was tactical and made in order to gain sentencing advantage.
The court gave guidance on the proper approach to an application to the Crown Court for a witness summons under the Criminal Procedure (Attendance of Witnesses) Act 1965 s.2.
A young offender’s conviction for murder was not unsafe, as he had not shown that a change in the law regarding joint enterprise following his conviction would have affected the jury’s verdict.
Where an offender who had completed the detention and training period of a detention and training order committed a further offence while still subject to a period of supervision, the Powers of Criminal Courts (Sentencing) Act 2000 s.106 required a sentence of detention in a young offender institution to be imposed with immediate effect. Such a sentence could not be made consecutive to any detention period imposed for breach of the DTO.
The court considered the extent to which time spent on remand in local authority accommodation under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 s.91(3) could be taken into account when passing sentence.