12th January 2022, 19:56
A 17-year-old whose case raised questions regarding the legislation for bail when a juvenile is charged as out lined in the Criminal Procedure and Evidence Act returned to court today on suspicion of breaching bail conditions and going equipped for stealing. The young man had been granted bail on Monday.
The juvenile was detained yesterday by police after being identified by a staff member of the Ocean Village Marina. It is alleged that he was carrying a stone mason hammer and a short handle claw hammer in the area of Ocean Village. He was subsequently arrested and remanded in custody.
In court the defence again argued that within the subsection ‘when a juvenile is charged’ the requirement: ‘fear of reoffending whilst on bail’ is not present and therefore should not be a consideration when granting or denying bail. Also, that the word person or defendant used within the Act does not refer to a juvenile.
The Crown disagreed. Kerrin Drago said that the word ‘person’ refers to everyone and that the reason for a juvenile subsection for bail is to bring into play parents or guardians. He added that the section clearly allows for other considerations.
Stipendiary Magistrate, Charles Pitto also believed that the language to describe a person did also relate to a juvenile and on the grounds of his breach of bail and risk of reoffending, remanded the 17-year-old on all matters.
The case returns to court on the 20th of January.