Aerosol addiction teen in custody for his own safety

A 16-year-old boy, who has possible suicidal ideation and who is addicted to aerosols, has been remanded in custody “for his own protection” even though the law does not allow for incarceration for the sole reason of self-protection, a children’s court in Kerry has heard.

However, there was no bed available at an adolescent treatment centre yesterday.

However, Judge James O’Connor said the “right thing to do” was to make sure the boy did not have access to aerosols, so as to protect the boy from himself.

The judge remanded the boy in custody until a bed was available next week at an adolescent addiction treatment centre.

He was to remain at the detention centre for a week.

He had initially been arrested more than two weeks ago for allegedly stealing aerosols after breaching bail conditions.

The boy faces seven charges between May 21 and June 17, including three charges in relation to stealing several cans of deodorant, a breach of the peace, a single assault charge, intoxication, and criminal damage.

The case was heard in the judge’s chambers after the boy was brought to court from the Dublin centre.

Insp Donal Ashe applied for further custody for a week. The boy’s mother consented to the application for the boy’s own protection. She said her soon “looked far better this week than last week”.

She told Judge O’Connor: “I think if you leave him out, his addiction is too big, too deep, and if he could get another week he would be clean.”

The HSE, interim guardians of the boy, said the Aislinn Centre in Kilkenny did not have a bed available.

A HSE solicitor said a medical report pointed to risks of suicidal ideation.

The boy’s solicitor, Pa Daly, meanwhile, said the boy did not want to be remanded to Trinity House and preferred the Aislinn Centre, to seek addiction treatment.

“Two weeks ago before this court, this was presented as a life-and-death situation,” said Mr Daly. “We were told he had to be put into detention because of fear he would kill himself.”

However, Judge O’Connor said what had been canvassed was self-harm, not suicide.

Mr Daly said if people with drug addictions were in custody for their own protection, prisons would be bursting at the seams.

However, the judge said the primary concern was for the boy. The law did made no provision for a remand in custody, he said, but it was incarceration was required for the boy’s sake.

The right thing to do, he said, was to make sure the boy did not access aerosols.

Following requests form the judge, the HSE returned to the children’s court to advise a place would be available for the boy in Kilkenny from July 8.