Derry judge slams underage defendant laws
District Judge Barney McElholm said that the legislation covering underage defendants was 'wrong headed' and allowed under 18s to 'act with impunity'
A Derry judge has said that the legislation covering underage defendants was 'wrong headed' and allowed under 18s to 'act with impunity.'
District Judge Barney McElholm was speaking as a 17-year-old youth he described as 'a serial thief' appeared at Derry Magistrate's Court charged with a series of offences that were said to have occurred on October 23.
The youth was charged with making off without paying for food and drink at Badger' s bar, the theft of two vapes, disorderly behaviour and attempted criminal damage.
A police officer connected the accused to the charges and opposed bail.
The court heard two males had left Badger's after having food and drink valued at £68 without paying.
Later the youths were identified at another premises and when police went to arrest Tge 17-year-old he struggled and swore at police.
He also threatened to spit at officers on numerous occasions.
The officer said that the youth made 'a significant statement' to police talking about having free fish and chips.
He told the court that the youth had been sentenced to one year in custody on October 19 and been released on bail pending appeal and had been charged five days later.
The youth was said to have 32 previous convictions and the officer said that police were convinced he would re-offend.
The officer said that it had reached the stage the youth was a risk to himself.
Defence counsel Sinead Rogan said that the offences were of the same nature as charges he had already been released on bail for.
Judge McElholm said that the legislation was 'open to abuse' as the court had little choice.
He warned the defendant that it will be 'very, very different when he reaches 18.'
Describing the youth as 'completely out if control' the judge said that his primary duty was to protect the public but that meant everybody.
He said legislation that elevated one section of the population over another was 'anathema' to the rule of law.
He said he would release the youth on bail to an address outside the city approved by the PSNI and the court.
He also said there had to be a cash surety of £1,000 and the defendant had to observe a curfew from 6pm until 6am.
The youth will appear again on November 7.