D v DPP

(Computer-aided Transcript of the Stenograph Notes of Smith Bernal Reporting Limited, 180 Fleet Street, London EC4A 2HD Telephone No: 0171 421 4040 Fax No: 0171 831-8838 Official Shorthand Writers to the Court)

MR D SAPIECHA (instructed by Messrs Rundle Walker, Exeter) appeared on behalf of the Applicant. ____________________

LORD JUSTICE ROSE : We should say that s. 49 of the Children and Young Persons Act 1933 applies in this case.

This is an appeal by way of Case Stated from the Exmouth Youth Court. On 26th November 1997 an information was laid against the appellant which alleged that on 30th October, together with another young man, he had stolen a blue plastic ice pack, a canvas bag and a white plastic lunch box belonging to a Mr Bradbury.

The appellant had been wearing a blue top and grey trousers and the appellant's co-accused had been wearing a red top and blue jeans on 30th October. The Justices found that they had been arrested by the police at