Of 12 teenagers before Dublin Children’s Court on Wednesday, facing charges including for theft, assault, stealing cars, possession of drugs, and carrying weapons, just one had a solicitor due to the ongoing strike over legal aid reforms.
Several, aged between 16 and 17, had no one with them in court. One 18-year-old who was alone when he came before the president of the District Court, Judge Paul Kelly, was disabled.
The judge handed several children Post-it notes detailing the date of their next court appearance, advising them: “Now don’t lose that. Ring your solicitor and tell them that date.”
Children’s rights advocates described the appearance of children in court without legal representation as “deeply concerning”.
A 17-year-old boy, with neither a solicitor nor family member in court, was asked by Kelly if he had spoken to his solicitor.
“No, I haven’t seen him,” he said.
“You need to talk to him and find out what his advice to you on this case is,” said the judge. “You will be 18 in December this year?”
“Yes.”
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“So we need to try to get this sorted,” the judge said, noting he could be transferred to the adult courts at that point.
The boy said: “I have been attending my community service”, and was working valeting cars.
“I am going to put this back four weeks and hope there might be progress with the solicitor’s strike,” said Kelly, handing the boy a Post-it with his next court date.
Most of the cases were adjourned due to the absence of legal representation.
One boy, whose probation report noted had a “negative peer group”, was asked by the judge if he understood what that was. He shook his head and the judge explained.
A number were asked if they understood their bail conditions and asked to “repeat them back in your own words”. One stumbled over these. Another, ordered to stay out of Dublin 1 and 2, was asked if he knew where these areas were.
“Have you spoken to your solicitor?” the judge asked a 16-year-old accompanied in court by his mother. “No,” his mother replied. “He just reminded us of the court date.”
“There is not much I can do today in absence of your solicitor. I’ll put back in a few weeks and see if anything resolves.”
A 17-year-old boy, described in court as “one of the most vulnerable children in Ireland”, had a solicitor paid privately by Tusla.
The boy, who has been in care since 2021, had been remanded in Oberstown last week for repeatedly breaching bail conditions set on the foot of charges in connection with carrying a blade and possessing €10-worth of cocaine.
The judge released him on bail on strict conditions that he abide by a curfew and stay out of Dublin city centre.
Saoirse Brady, executive director of the Irish Penal Reform Trust, said the appearance of “vulnerable, marginalised children” in court without legal representation underlined the “urgent” need to resolve the solicitors’ strike.
Tanya Ward, chief executive of the Children’s Rights Alliance said: “It is deeply concerning that children are appearing before courts with no one advocating for them.”