E v Director of Public Prosecutions

Computer-Aided Transcript of the stenograph notes of Smith Bernal Reporting Limited, 190 Fleet Street, London EC4A 2AG Telephone No: 020 7404 1400 Fax No: 020 7404 1424 (Official Shorthand Writers to the Court)

MR M SPACKMAN (instructed by Welch & Co) appeared on behalf of the Appellant MR G WALTERS (instructed by CPS Dyfed-Powys area) appeared on behalf of the Respondent ____________________

MR JUSTICE FORBES: This is an appeal by way of case stated from the decision of the justices sitting at the Youth Court in Cardigan on 10th September 2001, whereby the justices convicted the appellant of an offence of escape from lawful custody contrary to common law, committed on 6th July 2001 and in respect of which offence the justices made an order of absolute discharge. The facts, as found by the justices, are as follows (see paragraph 2 of the case stated):

LORD JUSTICE KENNEDY: I agree that, from the facts as found, we can infer that, at the time when he ran off, the appellant was under restraint, in that he was at court in company with members of the youth offending team, who had the power, as he knew, if necessary, to restrain him. His liberty was thus restricted and he was therefore in custody. It is not even contended that the custody, if it existed, was unlawful, and so I too would dismiss the appeal and answer the questions in the way indicated by my Lord.

MR SPACKMAN: My Lord, I think in relation to the appellant there is a full representation order in force and so, unless I am told otherwise --