The juvenile justice system in Ireland is in chaos despite the introduction of the 2001 Children's Act, according to a recent study of the operation of children's courts.
In a critical evaluation of the extent to which the children's courts are compatible with the standards of juvenile justice, Dr Ursula Kilkelly of the Law Faculty in University College Cork, found that:
A small number of persistent offenders are getting into deeper trouble.
Many are playing the system.
There are few sanctions available.
The court is forced to cope with and resolve inadequacies elsewhere in the system.
Poor co-ordination and consistency are serious problems.
Her key recommendation is for the establishment of a statutory juvenile justice agency to oversee the operation of the court system from both the system's and the young person's perspective.
Such agencies exist in Northern Ireland, England and Wales, but there is no provision for a juvenile justice agency in the 2001 Children's Act here, she said.
The study was undertaken as part of a research project funded by the Irish Research Council for the humanities and social Sciences and will be presented today at a conference in UCC, which will examine the implications and implementation of the 2001 Children's Act.
Dr Kilkelly's preliminary findings came after completing observations at four children's courts in Dublin, Cork, Waterford and Limerick. Her study found that there is a potential for inconsistency in the treatment of juveniles.
The report recommends that the District Court judges assigned to the children's courts must undertake relevant training.
And it says that regional courts should have lawyers specially trained in working with juvenile clients, which happens in the Children's Court in Dublin.
The report calls for the establishment of a "dedicated, specially trained panel of judges to reflect the challenges of the role". Dr Kilkelly also says that outside the Dublin area juveniles' cases are often heard at special sittings in normal District Courts, which are not designed to hear children's cases.
The formality of the adult court setting can also physically impede children's participation in their cases.
The study also highlights how the juvenile court system does not always protect the privacy of a child.
The public waiting area is often shared with other courts, sometimes the court listing publicly shows the names of the juvenile defendants and cases are often called publicly.
The child has a right to understand and participate in the proceedings, but that is not always possible, the study says. Many of the courtrooms are inadequately equipped, with no obvious place for the young person to sit or stand, there is little preparation or guidance in court as how to behave, and the young person can become physically isolated from the proceedings, Dr Kilkelly found.
"The technical nature of discussions between professionals prevents the accused from following the proceedings and makes participation difficult. Children and parents try to follow what's going on, but are often excluded from the proceedings." The report goes on to say: "Perception of young people's understanding and participation is very low."