Children’s Court judge unleashes scathing criticism of a young offender’s treatment

A Children’s Court judge has slammed the treatment of a 13-year-old offender, saying “if you treat a child like an animal, it is unsurprising that they may behave like an animal”.

A Children’s Court judge has unleashed a scathing criticism of a young offender’s treatment after discovering he was kept in “virtual solitary confinement” for nearly 80 days, saying “if you treat a child like an animal, it is unsurprising that they may behave like an animal”.

Judge Tracy Fantin was forced to compel the Department of Children, Youth Justice and Multicultural Affairs to hand over the details of a 13-year-old boy’s time at the Cleveland Youth Detention Centre after they initially refused.

She said the report they eventually provided showed the boy’s detention was “cruel, inappropriate and … served no rehabilitative effect”, before ordering his immediate release.

The teen was sentenced on February 21 in the Cairns Children’s Court over an attack on a shopping centre trolley collector.

The court heard a group of children hit the employee with sticks and attempted to extort $20 from him for the return of his phone in August last year.

The boy, who suffers from a range of complex problems, including foetal alcohol syndrome and attention deficit hyperactivity disorder, was arrested the next day.

Judge Fantin said at the time of the incident, the youth had a limited criminal history but had since gone on to commit more offences.

“It was a terrible thing to do to that man,” she told the youth during his sentencing.

“He was just trying to do his job, to earn money, probably for his family, and it would have been frightening for him to have that happen to him.”

She detailed the boy’s terrible upbringing, which involved him being taken away from his parents as a baby because of their drug use.

“Their drug use affected you before you were even born and you have suffered the consequences of that as part of your physical make-up,” Judge Fantin said.

“In particular, they affect your ability to make good decisions and to control your thinking and your impulses.”

Children’s Court Judge Tracy Fantin. Picture: Marc McCormack

She said the boy had trouble managing his emotions and had been a drug user himself since the age of 10.

She said he had “some understanding” that his behaviour was wrong, but had little ability to understand the fear his victim would have felt.

The court heard the boy had spent 122 days in custody for the offence of robbery in company with personal violence and 17 days for other offences.

She said the details of his time in custody were provided only after she issued a court order.

“When one sees the information, (the department’s) declining to do so is unsurprising,” Judge Fantin said.

She said a report on the time the child spent locked in his cell beyond the 12 standard hours for sleeping only related to the most recent three months – or 87 days.

“For 78 of those 87 days … you have been confined in your cell for 20 hours or more per day,” Judge Fantin said.

“For 10 of those 87 days, you have been confined in your cell for 24 hours per day.

“That is, you have effectively been held in solitary confinement.”

She said the reason provided for this was that the boy would damage property and threaten staff when he was released from his cell.

“It is unsurprising that if you lock up a child for such lengthy periods of time with no stimulation other than access to a television, a child is likely to respond by behaving poorly,” she said.

Judge Fantin said the child would have suffered harm during his time in detention and that such long periods of solitary confinement were a “direct breach of the Charter of Youth Justice principles”.

“Your period in detention will have achieved little or nothing to protect the community from your future offending,” she said.

Judge Fantin issued a reprimand by way of sentence and declined to record a conviction, noting the child would be released immediately despite the Department of Child Safety having not yet been able to find a place for him.

A spokesperson from the Department of Children, Youth Justice and Multicultural Affairs said youth detention centres were complex and difficult environments.

“A separation is an event that requires young people to be secured (separated) in their rooms and can occur in response to a number of situations, including emergencies and other types of incidents, as well as health, safety and security requirements, and staffing shortages.

“Separations are used as a last resort.

“At all times during a separation, young people have access to visits and professional support services, phone calls, education material, meal routines and recreational activities.”

Originally published as Children’s Court judge unleashes scathing criticism of a young offender’s treatment