14-year-old waits a week in a cell waiting for bail as alleged robbery accomplice walks free

‘What were the police doing?’: Confusion over tough bail laws meant a boy with no priors spent a week in a cell, even as his alleged accomplice with a lengthy criminal history walked free.

Confusion over tough bail laws meant a boy with no priors spent a week in a cell, even as his alleged accomplice with a lengthy criminal history walked free.

Two boys aged 14 and 15, who cannot be named for legal reasons, were called before Chief Judge Elizabeth Morris on robbery charges in the wake of the Declan’s Law bail changes earlier this month.

On Thursday, January 9, the Darwin Youth Court heard allegations the 15-year-old robbed two locations in two days before he was arrested, with the 14-year-old only involved in the second incident.

Despite the 15-year-old having more charges and a lengthy criminal history, it was the younger boy with no priors who spent two days in custody while waiting for his first court hearing.

Ms Morris was visibly surprised when she was told the older boy was not in the court cells, as the recent bail changes had revoked police discretionary powers to approve bail and imposed mandatory electronic monitoring for repeat offenders.

“What were the police doing? They should have never have bailed him to today,” Ms Morris said.

“That’s what we worked out over the last seven days as we pored over this legislation.

“They’ve given this youth bail without EM.”

Four hours after his hearing was scheduled, Ms Morris was told the 15-year-old was not still at the court and she therefore issued a warrant for his arrest.

At the same time the Chief Judge said she was unable to release his young co-accused, even though the 14-year-old had no priors, his home was compatible with electronic monitoring and the prosecution did not oppose bail.

Ms Morris said while police were able to attach ankle monitors immediately, judges had to order a report to assess a person’s suitability for the tracker.

“My view of the legislation — and we’ve looked at this a lot for the last week — is that we can’t order EMD without ordering an assessment, and that assessment has to come from Corrections,” she said.

Despite the courts initially being told there would only be a 24-hour turn around, a Corrections representative said it would take five days for the electronic monitoring bail assessment to be completed.

Ms Morris ruled since he had no priors, the 14-year-old could technically be released without a tracker, however in this instance she continued with the bail assessment even if it meant he faced a week in a cell.

“Because I don’t want (him) to get into any more trouble,” she said.

Ms Morris also ordered cognitive and mental health assessments, and asked the Education Department to plan how to re-engage the boy with school. 

The young teen was remanded in Don Dale for another six days until his next bail application hearing.

Originally published as 14-year-old waits a week in a cell waiting for bail as alleged robbery accomplice walks free