told a magistrate after he sent a boy there for punishment.

The Pembroke boy, who was sentenced to the home for leading Police on a lengthy chase on a stolen cycle, could be free this morning due to the overcrowding.

Juvenile Court magistrate Carlisle Greaves told the Observatory Cottage counsellor he had done his job and it was up to the director of the approved society running it to decide what should be done with him.

The woman spoke up after it became clear one youth would be sent back to the Devonshire Facility and the Pembroke youth sent to the home for the first time.

The counsellor -- who did not identify herself -- told Mr. Greaves: "I don't know if you are aware, Your Worship, but at present we are full to capacity.

"And it appears we will not be able to accept any clients for 30 days.'' "Well, it's at your director's discretion,'' Mr. Greaves told the counsellor.

"Each section of this judicial system must do its duty.

"(The Young Offender's Act) is an interesting law. We on the panel may feel very strongly about an offence that has been committed. But the director might not feel that way.'' "If you don't have the room, let him out. We don't have the power to say otherwise. I understand the philosophy behind it, but I'm not sure that's the way. I'm sorry.'' The counsellor replied: "I'm sorry too, Your Worship.'' Mr. Greaves also told a story of another youth he had committed to the home, but was released "before I was able to make my way home''.

The Pembroke boy was sent to the home on the recommendation of a probation officer.

Since pleading guilty in November, the boy had not attended school regularly, cursed the probation officers, and had broken a window at home, which led to his mother having to move.

"A lot of people seem frustrated with you,'' Mr. Greaves told the boy. "The feeling is that you have some realigning to do. And the place to do that is in an approved society, where the director will determine how long you should stay.'' The teenager was also banned from riding all motorised vehicles until his 18th birthday for a July 29 livery cycle theft and chase from Horseshoe Road to Salt Kettle at speeds surpassing 60 kph.

He also admitted stealing the bike from Rockford Cycles, using a fraudulent licence number, riding while disqualified, riding in a manner dangerous to the public, and failing to stop for Police.

And afterward the boy's father, who had arrived late for his child's hearing, returned to the court to ask why the boy would be placed in the home.

Mr. Greaves explained: "We have come to the conclusion that he needs some treatment and some structure. I can't tell you how long.

"He could be released by the director today, next month, or next year, depending on his progress. The whole focus of the law is on rehabilitation.'' Approved societies are facilities considered by the Health Minister to be suitable for the care of persistent juvenile offenders.

Last summer, Mr. Greaves expressed shock that boys will often pull fire alarms to escape and there was not a place where incorrigible boys can be disciplined.