A judge has said that legislation that means supervision orders for juveniles are unenforceable once they turn 18 leaves the court’s hands “effectively tied” when imposing sentences.
Judge Pauline Codd made the comments during the sentence hearing of a 16-year-old boy who was part of a group of youths who set upon four English tourists in Temple Bar last August.
The boy, who can’t be named for legal reasons, was handed a three-year period of detention after pleading guilty to assault causing harm and violent disorder.
Judge Codd noted that supervision orders for juveniles are “not enforceable” after they turn 18, under legislation and following a Court of Appeal decision made last year in relation to suspended sentences for minors.
She said it seems there is “no mechanism” whereby the court can make a supervision order once an offender reaches the age of maturity.
The judge noted that a suspended sentence “hanging over” a defendant can act as a deterrent and aid in their rehabilitation. However, “the court’s hands are effectively tied in terms of supervision once they turn 18″, she said.
“Sometimes children need long periods of supervision but it’s not much use if it runs out once they turn 18.”
Judge Codd said this issue needs to be addressed “urgently” by the Oireachtas and suggested the Office of the Director of Public Prosecutions should to take up the issue.
A local garda told Brian Storan, prosecuting, that gardaí were called to Temple Bar on August 11th, 2023 after receiving a report that a group of tourists had been attacked.
CCTV from the incident was played to the court. The four tourists had arrived in Dublin earlier that day and were injured during the incident. They were taken to hospital and sustained injuries including facial swelling, a broken nose and a laceration to the back of the head.
One of the four men told gardaí that he was walking through Temple Bar with the other three men when they encountered a large group of youths, who asked if they wanted to buy drugs. He refused, walked on then felt himself being punched and fell to the ground.
The garda said the boy became involved after the melee started and punched one of the victims in the face twice. He then pulled and dragged a second man to the ground, before kicking and punching him. A third victim was already on the ground when the teenager stamped on his head.
The boy was not involved in the injuries sustained by a fourth English tourist during the incident, the court heard.
He was identified from CCTV and when interviewed, denied any involvement. The garda said the boy was courteous and co-operative in his interactions with them.
The teenager has 18 previous convictions, including six for assault causing harm. He is currently in custody on a separate matter.
Amy Deane, defending, said her client has been diagnosed with ADHD and ODD. He was placed in the care of the State on a voluntary basis due to his challenging behaviour. He maintains a relationship with his parents, who are pro-social and do not have a criminal background.
She said there was “little supervision” of the boy when he was staying in a hostel. He started smoking cannabis when he was 13, but is now clean.
A probation report, education report and report from Oberstown were handed to the court. Ms Deane said her client is doing well in custody.
Imposing sentence on the teenager, Judge Codd said: “People have to be safe to walk in Temple Bar without being accosted by groups of youths.”
She noted that the accused was not the main instigator, but was involved in “significant violence” during which the victims suffered “significant” injuries.
The judge said the boy’s six previous convictions for assault causing harm were an aggravating factor and that the threshold for custodial detention had been passed.
Judge Codd said if the accused were an adult, she would have imposed a sentence of six years in relation to the violent disorder charge and a four-year sentence on the assault causing harm count.
She handed the boy a three-year period of detention for the violent disorder charge and a two-year period of detention for the assault causing harm charge. Both sentences are to run concurrently and the judge directed the boy receive credit for any time in detention.
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