A teenager currently held at Oberstown Children’s Detention Campus has taken a High Court challenge over a failure to consider his application for enhanced remission from the four-month sentence he received from the Children’s Court.
Lawyers representing the teenager told the High Court the action arises because children detained at Oberstown are not entitled to apply for enhanced remission from their sentences in the same way as other juvenile offender at other places of detention in the prison system.
The failure to have any rule or power to grant detainees at Oberstown enhanced remission is unequal and unfair, the court heard.
The action has been brought on behalf of a 17-year-old male, who cannot be named for legal reasons. Last July he received a four-month period of detention at Oberstown, plus a further period of fours months supervision, from a judge after he pleaded guilty to offences of assault causing harm and production of an article in a dispute.
The teen will be released in late October if he secures the normal 25 per cent time off his sentence. If he was granted enhanced remission he would be eligible for release in early October.
His lawyers wrote to the Director of Oberstown to see if the teen could apply for enhanced, or 33 per cent remission off his sentence, which is available to detainees and prisoners whose behaviour has been deemed as exceptional.
Enhanced remission
The teenager’s lawyers were informed in a written response that he was not eligible to apply for enhanced remission.
At the High Court, Seamus Clarke SC and Keith Spencer Bl for the teen said while the Minister for Justice has the power to grant 33 per cent remission of a prisoner’s sentence no such Ministerial power exists in relation to children detained at Oberstown.
Counsel said if his client was in an adult prison or another place of detention he would be in a better position than he currently finds himself in regards to an application for enhanced remission.
As a result, the teen has brought proceedings against the Director of Oberstown, the Minister for Justice, the Minister for Children, Ireland and the Attorney General.
He seeks various orders including one quashing the refusal by the Director of Oberstown to consider the application for enhanced remission.
He also seeks various declarations including that the failure to provide for enhanced remission of up to one third in respect of children detained at Oberstown amounts to a breach of the teen’s constitutional rights.
At Monday’s vacation sitting of the High Court permission to bring the challenge was granted by Mr Justice Richard Humphreys.
Permission was granted on an ex-parte basis, and the case was made returnable to a date next week.