Age of defendant in such a case is almost unheard of
THE arrest of a 13-year-old boy on suspicion of the murder of another child, a schoolgirl aged just 14, is unprecedented in modern Ireland.
However, he, like anyone who comes before the courts, is presumed innocent until proven otherwise.
It has become an uncomfortable feature of the criminal justice system over the past decade-and-a-half that some of the most disturbing trials have featured minors – defined in law as under the age of 18 years – as perpetrators as well as victims.
Among these senseless acts were the joyrider who in 2002 killed two gardaí on the Stillorgan dual-carriageway after a crime spree; the 2002 murder committed by a 15-year-old boy of Alan Higgins (17) in an attempt to steal his mobile phone near the UCI cinema in Coolock; the fatal shooting by a 15-year-old of Aidan O’Kane (50) at Shelmalier Road in December 2008, which led to the teen being convicted of manslaughter; and the double murder of two Polish mechanics Pawel Kalite (28) and Marius Szwajkos (27) on February 23, 2008 – they were stabbed with a screwdriver outside their home in Drimnagh.
In August 2010, Michaela Davis (12) was strangled by an 18-year-old youth who dragged her body to the bank of the Royal Canal, where it was found the day after she went missing.
Earlier this year a 15-yearold boy was sent forward for trial to the Central Criminal Court accused of attempted murder of a woman in her 20s in south Dublin. That case is still pending.
A Children’s Court, a juvenile version of a district court, is the first port of call for a minor charged with a criminal offence. Unlike its counterpart, it has discretion to accept jurisdiction for serious offences that would normally be sent to higher courts with tougher sentencing powers. To do so, it must take into account a number of factors, most importantly the child’s age and maturity. But there are limitations and cases involving charges of murder, rape and certain serious sexual offences are automatically transferred to the Central Criminal Court.
Even children can stand trial before a jury in the highest court in the land. The age of criminal responsibility is 12 for most offences but 10 for murder, manslaughter, rape or aggravated sexual assault. A parent or guardian must accompany them to their proceedings and legal aid is granted to almost every juvenile defendant.
Bail, at a first murder case hearing, cannot be granted even for a minor, so a remand in custody to the Oberstown detention centre has to be ordered. Their identity, address and schools cannot be revealed while they remain juveniles.