Judge castigates juvenile system

A High Court judge yesterday warned he may shortly have to take "unprecedented and "dramatic" action to secure the welfare of…

A High Court judge yesterday warned he may shortly have to take "unprecedented and "dramatic" action to secure the welfare of disturbed children because the juvenile criminal justice system has been "reduced to farce".

"How much longer will this go on? When will this situation finally come to an end?" Mr Justice Kelly asked. The public were entitled to know their lives and property were at risk because young people who can wreak havoc were at large and the courts were being frustrated in meeting their constitutional obligations.

Does anyone in power take this seriously, he asked Mr David Barniville, for the Minister for Education.

Mr Barniville said he could only presume the authorities did. He said the judge's comments on the situation had been drawn to the attention of the authorities many times. He accepted he could not stand over what had happened in the case yesterday of a 15-year-old boy which had prompted the judge's comments.

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The failure of the system was evident from this particular case of an out-of-control boy, described as a danger to himself and others, the judge said. The District Court, despite directing the boy's detention for two years in a secure centre, had had to release him on bail because there was no secure place available.

The boy was before the District Court last April which ordered his detention in Oberstown Boys' Centre. He was taken there but there was no place. In July, another District Court judge directed he be sent to Trinity House, but again there was no place and he spent two nights in Fitzgibbon Street Garda station. From there he was moved around several other Garda stations until ultimately freed on bail. He was back before the District Court on September 11th, which directed his detention in Oberstown. Once again, there was no place.

On September 14th he was remanded by the District Court on his own bail of £6 and directed to sign on daily at a Garda station and observe a curfew.

When the matter first came before him yesterday, Mr Justice Kelly was told there would be no secure place for the boy until October 24th. When the judge said a place would have to be found, he was later told a place would be available on

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times