A judge has said that current legislation which 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 general comments during the sentencing 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 cannot be named as he is a minor, was handed a three-year period of detention after pleading guilty to assault causing harm and violent disorder.
Judge Codd noted that under current legislation, supervision orders for juveniles are “not enforceable” after the convicted juvenile turns 18, and following a Court of Appeal decision made last year in relation to suspended sentences for minors.
She said it seems the law stands that 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 added.
She continued by saying “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 take up the issue.
Attack
A local garda told Brian Storan BL, prosecuting, that gardaí were called to Temple Bar on August 11th, 2023, after receiving a report that a group of tourists had been attacked.
The four tourists had arrived in Dublin earlier that day and were injured during the incident. CCTV from the incident was played to the court.
The men 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 injuries sustained by a fourth English tourist during the incident, the court heard.
He was identified from CCTV, but 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.
Three of the four men provided victim impact statements, outlining the psychological, emotional and financial effects of the attack.
One of the victims said he “expected this area to be well-protected, being a famous part of Dublin”, while another noted that locals and visitors were “scared” in certain areas of the city.
State care
The garda agreed with Amy Deane BL, defending, that her client was in the care of the State at the time of the incident and living in hostel accommodation.
He did not fully agree with counsel's suggestion that this accommodation was “not appropriate” for young people, noting that there is a separate adult hostel adjacent to the facility.
He accepted that the boy did not instigate the attack and that the teenager identified himself when shown CCTV during interview. It was further accepted that the guilty plea was valuable and the boy's previous convictions were all at the Children's Court.
Ms Deane 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 behaviours.
He maintains a relationship with his parents, who are pro-social and do not have a criminal background.
Ms Deane said there was “little supervision” of the boy when he was staying in the hostel, adding that he started smoking cannabis when he was 13, but is now clean.
A probation report, education report and report from Oberstown Detention Centre were handed to the court, with Ms Deane adding that 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 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 that the boy receive credit for any time in detention on this matter.
