Boy gets bail after four days in cells

A 14-year-old charged with robbery has been released on supported bail after four days in a ‘‘barren and desolate’’ Christchurch police cell.

However, two other youths charged with an overnight petrol station ram-raid will spend another night in the cells. There are no beds available in Youth Justice facilities.

On Wednesday 11 young people were held in police custody around the country.

Judge Jane McMeeken put the social welfare authorities on notice on Wednesday, saying they must find accommodation for the 14-year-old because she would not keep remanding him in custody in a police cell.

She visited the cell and said it was ‘‘outrageous’’ he was there for several days because no suitable Youth Justice bed could be found.

The situation had not improved on Thursday and there was even more pressure after the new arrests.

Other judges have raised similar concerns as Judge McMeeken over the past year, with one saying the continued detention of a boy in these circumstances breached the United Nations Convention on the Rights of the Child.

The Children’s Commissioner in April called for an end to placing young people in police cells while on remand, calling it ‘‘solitary confinement’’ and ‘‘not acceptable’’.

The Ministry for Vulnerable Children Oranga Tamariki conceded on Wednesday no child should spend more than 24 hours in police custody, but said it is not always possible given a recent surge in youth arrests.

Overnight, a social worker put forward a plan for the 14-year-old to be released on supported bail to live with his father and grandfather.

The social worker said: ‘‘We have a good chance, if we can put a ‘ring’ around him and his family and work cohesively, of getting him where he needs to be.’’

The youth was not seen as suitable for mainstream schooling and an alternative would have to be arranged.

He told the court he had not been to school for two years, but could read, write and was good at mathematics.

Releasing him on bail, Judge McMeeken said she saw him as ‘‘an incredibly vulnerable young man’’ who caused harm to the community.

Police opposed bail but the prosecutor accepted there was no alternative.

Judge McMeeken said she was worried about comments in the youth’s reports that he saw crime as a good way to get money.

‘‘If I bail you, are you going to behave yourself?’’ the judge asked. ‘‘A hundred per cent,’’ the youth replied.

Judge McMeeken refused bail for two 16-year-olds accused over a petrol station ram-raid and police chase overnight.

The chase was said to have involved driving through give way signs and red lights.

She was told one of the teenagers lost a job that was arranged for him, was discharged from a rehabilitation programme, and had absconded during an interview for a training course.

He admitted he was ‘‘out of it all the time’’ on cannabis.

Judge McMeeken told the other she had ‘‘no confidence you won’t get into further trouble’’.

He was already on a supervision sentence and did not turn up to court on Tuesday.

Both will return to the Youth Court sitting today. ‘‘We will see if there are any bail options then,’’ the judge said.

Two other youths who were arrested overnight were released on supported bail.

Police figures showed 2167 children aged 10 to 16 had been placed in police custody in the financial year to April.

Of those, 157 spent more than 24 hours in police cells, Ministry of Social Development figures show.

Oranga Tamariki said earlier two days was the average stay.