A 15-year-old boy remains in Mountjoy Prison today after the Supreme Court dismissed a challenge to the legality of his detention there.
The boy, who faces charges of damaging property, intending to damage property or being reckless as to whether it was damaged, has been in Mountjoy since April 20th after being remanded there by a District Court judge. He was remanded under Section 97 of the Children's Act 1908.
A challenge to the legality of his detention was rejected by the High Court, and yesterday a three-judge Supreme Court dismissed an appeal against the High Court's decision.
Ms Justice McGuinness, sitting with Mr Justice Hardiman and Mr Justice Fennelly, said the suggestion was that it might not be Section 97 of the Children's Act under which the boy was remanded and that he might not belong to the age group under which young persons might be remanded to Mountjoy.
The only issue was whether it was necessary for a warrant to state the age of the boy and the section under which he was remanded.
She said it appeared clear the only section which could apply to this remand was Section 97 and it was also not necessary for the boy's age to be on the warrant.
Meanwhile, two 14-year-old disturbed youths remain in St Patrick's Institution where they were sent on Tuesday because there were no appropriate secure places available for them.
In the case of one of the boys, a victim of sexual abuse, Mr Justice Kearns made an order for his detention in St Patrick's.
