No purely summary offence could be tried on indictment unless the restricted circumstances of s.40 Criminal Justice Act 1988 were met. A magistrates' court should not transfer a child defendant to the Crown court for trial unless the Director of Public Prosecutions could conclude that a magistrates' court would be likely to have found that the requirements of s.24 Magistrates' Courts Act 1980 were met, and a statement to that effect should be included in the transfer notice.

CA (Crim Div) (Kay LJ, Silber J, Judge Mellor)


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