A High Court judge has quashed a Dublin Circuit Criminal Court order to detain a "depraved" 15-year-old boy in Mountjoy Prison.
On Thursday the boy told Judge Patrick McCartan that he would reoffend if he was released from custody. He was sent to Mountjoy because there was no place available for him in youth detention centres.
Judge McCartan had heard evidence from Garda Brian Jacob that the boy was convicted of a robbery in which a co-accused stabbed a 16-year-old shop assistant in the hand with a screwdriver. Garda Jacob said that the boy also had a long list of previous convictions.
The boy's mother told Judge McCartan that she suffered from post-natal depression for a long time and found it impossible to keep her son out of trouble.
Judge McCartan said he was satisfied that the boy was "depraved" under the 1908 Children's Act and was therefore not suitable for a place in a youth detention centre.
He apologised for having to use the "archaic wording" of the Children's Act but said he had to place a modern interpretation upon it. He hoped the various State agencies would be able to help the boy while he remained in custody.
The boy spent Thursday night in Mountjoy prison and made two appearances in the Circuit Criminal Court yesterday before his barrister, Mr Sean Gillane, sought a ruling from the High Court quashing Judge McCartan's ruling.
In the High Court, Mr Michael O'Higgins SC, also for the boy, told Mr Justice Carney that a ruling overturning Judge McCartan's order was sought by all parties and that Judge McCartan had waived his right to contest it.
Mr Justice Carney granted an order of certiorari, quashing Judge McCartan's ruling and releasing the boy.