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'Neglected' boy given conditional discharge

A 17-year-old boy with a history of neglect was today let off with a conditional discharge after he admitted to violently resisting the police in an incident in St Julians on Saturday night. He also admitted threatening a policewoman, tearing her trousers and slightly injuring her.

Police Inspector Nikolai Sant said the boy had been spotted by a patrol banging on shop shutters with a metal rod. When he saw the police he ran off. A policewoman tried to stop him and was pushed to the ground.

Asked by Magistrate Claire Micallef Stafrace about the case, the boy said he had not been the one who was banging on the shutters. He however admitted that he had rushed off when he saw the police. The Magistrate told the boy that the police were there to help him.

Inspector Malcolm Bondin told the court that he had known the accused since he was 12. His father had passed away and he had been neglected by his mother and grandmother. His mother was in the United States, his 18-year-old sister was in Libya, and he has no one to look after him.

He was at St Patrick's between the aged of 13 and 16, but because of demand and limited place, they had to let him go at the age of 16.

The boy used to go around to his friends to stay at their home or to get a meal and their parents then used to call the police, saying they had no place for him.

He was worried, the police inspector said, that the boy would start the wrong path.

The court took this into consideration and conditionally discharged the boy for two years.

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A. Farrugia

May 31st 2010, 16:53

Contrary to what we usually understand the word "child" to mean, according to Maltese Law, if a child has attained his 16th birthday apparently it is Too Late to issue a Care Order, though if it were already there it could remain in force until the youngster turns 18. And I quote:

" 1.The short title of this Act is the Children and Young Persons (Care Orders) Act.
Interpretation.
2.In this Act -
"child or young person" means a person who is under the age of sixteen years; "

Colette Berman

May 31st 2010, 19:29

You are quite right, Dr. Farrugia. Chapt. 285 does define, for the purpost of that specific Act, a child to be a person under the age of 16, and therefore would make this child ineligible for protection in this form. In contrast, Chapt. 16 Sub-Title I, of Minority, describes a minor as: 157. A minor is a person of either sex who has not yet attained the age of eighteen years. and goes on to state: 158. Any minor, whose parents have died or have forfeited parental authority and who has not married, is subject to be placed under tutorship until he becomes of age or until he marries. Therefore there is an option available to the Court/Commissioner for Children for adequate provision to be made for the safe care and custody of this young person. I hope they take it.

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