District Judge Jonathan Finestein said he thought the decision to haul the 10-year-old before court was “crazy” and urged the Crown Prosecution Service (CPS) to drop the case.
He told Salford Youth Court that he used to be called “fat” at school but said the headmaster would have just given the children “a good clouting” and sent them on their way.
The criticisms came as the 10-year-old school boy from Irlam, Greater Manchester, was summonsed to court accused of racially abusing a fellow pupil.
The youngster, who cannot be named for legal reasons, is accused of calling an 11-year-old a “Paki” and “Bin Laden” and chanting “He’s on the run, pull the trigger and shoot the nigger, five, four, three, two, one”.
The alleged remarks were made in a primary school playground.
The defendant, appearing in court with his parents, claimed the complainant had called him “white trash” and said they were now friends.
It later emerged that the 10-year-old had refused a final warning from police and was summonsed on the advice of the CPS.
Reacting to the district judge’s comments a police spokeswoman said: “[We] will continue to take appropriate action against anyone found to be acting in a racist manner and remain committed to the thorough, detailed investigation of any allegation.”