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Young Offenders Act not working, says Magistrate

Bermuda's juvenile laws came in for harsh criticism from a magistrate last week as a teenager was sent to an "approved society'' for the tenth time.

Magistrate Carlisle Greaves told a Family Court hearing the Island must take a "serious look'' at the Young Offenders Act of 1950 which he said was "not working''.

And he scolded a 15-year-old Smith's Parish youth who had admitted five counts of housebreaking: "With a rap sheet like yours, there's nothing juvenile in that.'' Mr. Greaves added: "You've done more (stealing) than Ali Baba and all of his 40 thieves.'' The boy, who cannot be identified, was sent to a youth home for detention -- but that was not enough punishment for Mr. Greaves.

"An approved society?'' Mr. Greaves exclaimed. "Huh! We approve of what (behaviour)? That is a recipe for nothing. It is time that Bermuda revisit this 1950 legislation.'' Mr. Greaves, a Barbadian, is starting the second year of his three-year contract in the Family Court and has vowed to change the way the court operates.

Mr. Greaves said that punishment for juveniles should include mandatory three year sentences with military and trades training in a special facility for youth.

It would also include "proper'' remand facilities for incorrigible offenders.

Mr. Greaves also said that his sentencing powers as a magistrate were insufficient to teach a lesson to the offender and to others.

After prosecutor Insp. Peter Giles read out the boy's nine previous convictions, Mr. Greaves said: "Let's not waste any more time. For the tenth time, commit him to an approved society.

"This is sounding like a calypso or broken record,'' he continued. "When they get frustrated they will just "transition'' him out. It is time for the Legislature to act.'' The youth pleaded guilty to breaking into a Flowercote Lane, Smith's, home on June 9 and stealing 180 compact discs worth $630, and a digital satellite receiver worth $385.

He also admitted to stealing a $900 digital camera, $200 CD player, and a $800 gold Christian Lacroix watch from a Gilbert Lane, Smith's, home between June 10 and 13, and stealing a Fischer portable CD player from a Garden Lane, Paget, home on June 10.

The boy pleaded guilty to additional charges of stealing an auxiliary cycle worth $1,500 from a Flatt's home in June and breaking and entering a South Shore Road, Paget, home on June 17 where he stole a Nintendo player and games worth $500 and costume jewellry.

An additional charge of stealing another cycle was dropped after he pleaded not guilty.

Judge slams Young Offenders Act The total value of the goods exceeded $4,000, and the youth assisted Police in recovering some of the items stolen after they searched his mother's home finding the bulk of the goods.

The youth has a string of convictions dating back to 1994.

Mr. Greaves, seemingly exasperated, said: "We ought to commission a study because young people can't stand up straight or hold up their heads anymore.'' He added: "It's the in-thing to be seen as though you've got no spine. Stand up straight, star!'' Under the Young Offenders Act of 1950 and the Protection of Children Act 1943, a convicted child can be sent to an Approved Society regulated by the Minister of Health and Social Services if the society has among its purposes "the care and protection of ill-treated or neglected children''.

To be committed, the child must be in need of "care, protection or control'', if the parent is not providing such care or the child is beyond control.

Children under age eight cannot commit an offence, and children under 14 are not "criminally responsible'' for an act or omission unless it can be proven he knew the offence was wrong.

Children cannot be imprisoned and young people between the ages of 16 and 18 can only be sent to a training school in exceptional circumstances.

Punishment for young offenders may range from an absolute discharge, to probation to a fine of a maximum $168 or whipping.

A child can be sent to an approved society until age 18 or for a shorter period as the court sees fit.