Judge recommends 16-year-old serves prison term at a shelter

A Magistrates' Court judgement incarcerating a 16-year-old girl for three months was confirmed today but the Court of Criminal Appeal recommended that the girl should serve her prison term at a shelter under police custody.

The girl, who cannot be named because she is a minor, has been living in institutions since the age of three. She was first  jailed for 40 days for breaching bail conditions after being charged with theft.

However, she remained in prison, on remand, pending an appeal from another  judgement jailing her for three months, also on theft charges.

Delivering judgement on the appeal today, Mr Justice David Scicluna said that the Magistrates' Court had been correct to jail the girl for three months.

However, he recommended that the girl should spend her prison term under police custody, at a shelter where professionals who could help her would have access.

Mr Justice Scicluna ordered that a copy of his judgement be passed on to the justice and social policy ministers and the Children's Commissioner.

He said that it was evident that the girl's bitter experiences had not taught her anything. She had already been placed under probation but after breaching bail conditions, the order was converted into a prison term.

The girl's behavioural pattern was preoccupying and the court had hoped that with the help of several professionals, she would fight the currents which were dragging her.

Unfortunately, this was not the case and the girl had also started to take heroin.

Mr Justice Scicluna said that for the recovery plan to be successful, the girl had to do her part and obey regulations, attend all appointments and heed all the advice she was given.

She had to be motivated and to believe that she had to change in the interest of her future. But since she was not showing any motivation, her freedom had to be restricted.

The judge said that like the Magistrates' and other courts, the Court of Criminal Appeal was also concerned that there was no adequate place for children where the emphasis was on education and rehabilitation.