McPhee v The Queen – WLR Daily

McPhee v The Queen [2016] UKPC 29

‘The defendant, a 17-year-old from Nassau, was arrested on a neighbouring island of The Bahamas on suspicion of murder following an armed robbery. He gave his mother’s phone number in Nassau to the police but no contact with her was established and no lawyer was called. After more than 31 hours in custody, during which time the custody log showed he had been taken from his cell several times but without any record made of his being questioned, a church minister in his mid-seventies was asked to come to the police station to witness the defendant make a statement. The minister did not speak to the defendant alone nor offer him any advice, but observed that the defendant was hungry and gave the police money to buy him a meal, after which the defendant made a written statement under caution confessing to the murder. Apart from the confession the only evidence against the defendant was that of another defendant who became a prosecution witness during the trial. At trial, the defendant claimed that his statement had been made following torture and so was not admissible. The judge rejected the claim of torture but did not consider whether the taking of the defendant from his cells had been for the purpose of informal interrogation, or whether the minister could properly be said to have been acting as an “appropriate adult” for the witnessing of a juvenile’s confession, and allowed the confession to go before the jury. The defendant was convicted of murder. The conviction was upheld by the Court of Appeal of the Commonwealth of The Bahamas. The defendant appealed to the Privy Council on the grounds, inter alia, that the confession should have been excluded under section 20 of the Bahamas Evidence Act as being unreliable, by reason of the defendant having been subjected to unrecorded questioning in the absence of a lawyer or appropriate adult and in any event should have been excluded as unfair under section 178 of the Bahamas Evidence Act.’

WLR Daily, 24th October 2016

Source: www.iclr.co.uk

Magistrates’ courts need ‘younger, more diverse recruits’ – BBC News

Posted October 19th, 2016 in elderly, judiciary, magistrates, news, young persons by sally

‘Too many magistrates in England and Wales are “old and white”, one of the youngest justices in the country says.’

Full story

BBC News, 19th October 2016

Source: www.bbc.co.uk

Four British soldiers ‘forced Iraqi teenager into river where he drowned’ – The Independent

Posted September 16th, 2016 in armed forces, death in custody, homicide, Iraq, news, reports, war, young persons by tracey

‘The Ministry of Defence has said it is “extremely sorry” for the death of an Iraqi teenager who drowned after being “forced” into a Basra canal by four British soldiers.’

Full story

The Independent, 16th September 2016

Source: www.independent.co.uk

For too long the youth court has been seen as a ‘rehearsal court’ for lawyers at the start of their careers – Legal Voice

Posted August 9th, 2016 in criminal justice, news, young persons, youth courts by sally

‘Every day, the Youth Justice Legal Centre, set up by the youth justice charity Just for Kids Law, sees the criminal justice system failing young people. Now a growing body of opinion agrees it is time for reform, says Laura Cooper.’

Full story

Legal Voice, 8th August 2016

Source: www.legalvoice.org.uk

Teenager sues after repeatedly being held overnight in police cell – The Guardian

Posted July 21st, 2016 in children, detention, local government, news, police, young persons by tracey

‘Test case against Met police and Islington council brought on behalf of 14-year-old boy by Just for Kids Law, which says cells are not fit places for children.’

Full story

The Guardian, 21st July 2016

Source: www.guardian.co.uk

Mzee Mohammed death: Liverpool mayor promises transparent inquiry – The Guardian

‘The mayor of Liverpool has sought to reassure the public that an investigation into the death of a black teenager who had been detained by police will be fully transparent, following a weekend of protests in Liverpool and London.’

Full story

The Guardian, 18th July 2016

Source: www.guardian.co.uk

Mzee Mohammed police custody death investigated – BBC News

Posted July 15th, 2016 in complaints, death in custody, news, police, young persons by tracey

‘A teenager has died in the custody of police after being detained by security staff at a shopping centre.’

Full story

BBC News, 14th July 2016

Source: www.bbc.co.uk

Teenager jailed for posting murder trial images on Facebook – The Guardian

Posted July 14th, 2016 in contempt of court, courts, internet, news, photography, sentencing, trials, young persons by tracey

‘A teenager who took photographs in court as his friend was being jailed for murder and then glorified the killer on social media has been given a 15-month sentence.’

Full story

The Guardian, 13th July 2016

Source: www.guardian.co.uk

Teenager who raped unconscious girl wouldn’t let friend do the same because it was ‘technically rape’ – The Independent

Posted June 23rd, 2016 in news, rape, sexual offences, young persons by sally

‘A teenager who forced himself on a girl while she was sleeping refused to let his friend do the same because it was “technically rape”.’

Full story

The Independent, 22nd June 2016

Source: www.independent.co.uk

Mental health services missed chances to save suicidal teenager, coroner rules – The Guardian

Posted June 16th, 2016 in health, inquests, mental health, news, social services, suicide, young persons by tracey

‘Social care agencies missed opportunities to help a 17-year-old girl who took her own life months after being removed from a child protection plan, a coroner has ruled. Katy Skerrett, the senior coroner for Gloucestershire, said there had been a lack of communication between mental health and social care professionals in the treatment provided to Anielka Jennings.’

Full story

The Guardian, 15th June 2016

Source: www.guardian.co.uk

‘Dangerous’ police recording system putting children at risk, MPs say – The Guardian

‘At least 10,000 children who go missing could be at “terrible risk” because a “dangerous” police recording system means they fall off the radar, an all-party group of MPs has said. Ann Coffey, the Labour chair of the all-party inquiry, said that a new “absent” category introduced in the police recording system was dangerous and should be scrapped.’

Full story

The Guardian, 26th May 2016

Source: www.guardian.co.uk

Judge overturns ‘absurd’ NHS decision not to treat narcoleptic 17-year-old – Daily Telegraph

Posted May 5th, 2016 in health, medical treatment, medicines, news, young persons by tracey

‘NHS England has been ordered by the High Court to treat a teenager with a severe neurological condition.’

Full story

Daily Telegraph, 5th May 2016

Source: www.telegraph.co.uk

Coroner seeks answers over hospital treatment of teen who killed himself – The Guardian

Posted April 29th, 2016 in children, hospitals, news, suicide, young persons by tracey

‘A coroner is writing to the health secretary over the case of a troubled 17-year-old who took his own life after discharging himself from hospital at the weekend without being seen by specialists in mental health in children and young people.’

Full story

The Guardian, 28th April 2016

Source: www.guardian.co.uk

High Court ruling on teenager who refused to live with her family ‘because they were not strict enough Muslims’ – Daily Telegraph

Posted March 17th, 2016 in children, families, homelessness, Islam, local government, news, young persons by tracey

‘A teenager who did not want to live with her family because “they were not strict enough Muslims” after being returned from the Syrian border, should have been provided with accommodation and support by the local authority, the High Court has said.’

Full story

Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

Review of the youth justice system – Ministry of Justice

Posted February 12th, 2016 in criminal justice, news, reports, young persons, youth courts by sally

‘An interim report of emerging findings from the review of the youth justice system.’

Full story

Ministry of Justice, 9th February 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Prison warned to beware of older offenders grooming younger inmates – The Guardian

Posted December 17th, 2015 in news, prisons, sexual grooming, young persons by tracey

‘Chief inspector of prisons tells Rye Hill in Warwickshire, a dedicated sex offender jail, that proportion of inmates over 50 increases risk of sexual grooming.’

Full story

The Guardian, 17th December 2015

Source: www.guardian.co.uk

MPs overturn Lords bid to ​give 16- and​​ 17-year-olds right to vote – The Guardian

Posted December 9th, 2015 in bills, EC law, elections, news, parliament, referendums, young persons by sally

‘Labour lords are preparing to defy the House of Commons after it blocked their proposals to let 16- and 17-year-olds vote in the EU referendum.’

Full story

The Guardian, 8th December 2015

Source: www.guardian.co.uk

UK schoolgirl given non-custodial sentence after admitting terror offences – The Guardian

Posted October 16th, 2015 in internet, news, sentencing, terrorism, young persons, youth courts by sally

‘A Manchester schoolgirl who downloaded bomb-making guides and became obsessed with suicide bombing has been given a non-custodial sentence after pleading with the court to let her “prove that I am not a terrorist”.’

Full story

The Guardian, 15th October 2015

Source: www.guardian.co.uk

2,331 criminal cases dropped over ill-health or age in 2014 – BBC News

‘More than 2,000 suspected criminals avoided prosecution in England and Wales last year because of their ill-health or age, figures have shown.’

Full story

BBC News, 9th October 2015

Source: www.bbc.co.uk

Joint enterprise law criminalises young, black men. It urgently needs reform – The Guardian

Posted September 23rd, 2015 in criminal justice, joint enterprise, minorities, news, young persons by sally

‘The supreme court is next month to consider radically reforming the law of joint enterprise, after claims that it drags innocent people into the criminal justice system and excessively punishes those on the periphery of violent crime.’

Full story

The Guardian, 22nd September 2015

Source: www.guardian.co.uk