9 May 2000 Regina v Ganley
Court of Appeal, Criminal Division (Lord Justice Rose, Vice President, Mr Justice Sullivan and Mr Justice Silber) 19 April 2000
THE COURT of Appeal gave guidelines on the application of the provisions in sections 73 to 79 of the Crime and Disorder Act 1998 relating to detention and training orders for offenders under 18.
The Court of Appeal allowed the appeal of Stephen Ganley against a sentence of 18 months' detention in a young offender institution imposed following his plea of guilty to an offence of inflicting grievous bodily harm.
The appellant and two other youths had attacked another young man, as a consequence of which the complainant had sustained a very serious eye injury. The basis of the appellant's plea was that the incident had primarily been instigated by one of the other youths and that he had not himself caused any injury.
Paul Cross (Registrar of Criminal Appeals) for the appellant; David Perry (Treasury Solicitor) as amicus curiae.
Lord Justice Rose VP said that by virtue of the Crime and Disorder Act 1998 (Commencement No 6) Order 1999, the provisions of sections 73 to 79 of the Crime and Disorder Act 1998, relating to detention and training orders for offenders under 18, came into force on 1 April 2000.
Those provisions applied in the Court of Appeal if an appeal was allowed, because section 11(3)(b) of the Criminal Appeal Act empowered the court, if sentencing differently from the court below, to pass such sentence "as the court below had power to pass" and paragraph 4 of the Order required a court, after 1 April, in determining how a previous court could or might have dealt with an offender, to make that determination as if sections 73 to 79 had been in force. If the court, in relation to a sentence passed before 1 April, did not sentence differently it was not necessary for the court to have regard to sections 73 to 79.
By section 73(7) detention in a young offender institution and secure training orders were abolished and replaced by detention and training orders (section 73(1)), which provided for detention followed by supervision within the community until completion of the full term of the order (the actual period in detention would generally be one half of the term of the detention and training order (section 75(2)), though there were provisions for early …