Teen can't be placed in special care because he is facing criminal prosecution

A 14-year-old boy with extremely low comprehension ability cannot be placed into a “special care” facility for children who pose a risk to themselves because he is facing a criminal prosecution, a court heard yesterday.

The north Dublin boy is facing charges at the Children’s Court for criminal damage, by graffiti, dangerous driving on a motorcycle and interfering with a motor vehicle, which allegedly occurred when he was aged 13.

Defence solicitor Ms Catherine Ghent told Judge John O’Neill that the boy, who was accompanied to court by his grandmother, had been placed in a high support care unit by the HSE.

However she said the placement was not working. “He is not staying there and is placing himself at serious risk,” she said.

An assessment of the boy’s comprehension ability had found that he was “at an exceptionally low level”. One of the tests placed him at under one per cent.

She said that the boy had tried to leave the high support unit on one occasion and was picked up by gardaí as he was walking along a road.

A referral to the National Admissions and Discharge Committee said that if he were suitable for “special care”, by means of a High Court order for civil detention for minors at serious risk to themselves there would be difficulties because he faced criminal charges.

“The judgement of Mr Justice Sheehan indicated that it was his view that while there were criminal charges, minors could not enjoy the protection of the High Court,” Ms Ghent told Judge O’Neill.

She said that special directions from the DPP are needed to decide whether the prosecution is to proceed due to the teenager’s young age at the time of the offences.

It was hoped that the DPP would “reconsider the position in light of information they did not have before”, she also told Judge O’Neill.

Judge O’Neill remanded the boy on bail to appear again later this month and requested a representative of from the DPP to attend the case.