A 14-year-old West Australian boy who was transferred to the controversial Unit 18 at Casuarina adult jail has been granted bail, with a Children's Court Magistrate saying the conditions in which he was being detained were "central" to her decision.
The boy, who turned 14 only weeks ago, was moved to the unit from Banksia Hill juvenile detention centre on Tuesday, prompting outrage from his lawyer, Seamus Rafferty.
Mr Rafferty maintained the teenager had not been given a reason for the transfer to the unit, which he said was an inappropriate environment for his client, who had a range of issues.
It led to Mr Rafferty making an urgent bail application on Wednesday at the Children's Court, with the boy appearing via video link from the unit.
The teenager was sitting alone on a white bench in a room, with the video camera appearing to be pointed through a small window in a door– an image Mr Rafferty told the court was "making him feel sick, looking at a child through a window in a cell".
The newly-built, 256-bed unit was set aside in July by the Department of Justice to house what were described as a "difficult cohort" of about 20 juvenile detainees, who had been assaulting staff, self-harming and damaging cells.
In a statement, the Department said there were currently 12 detainees in the unit who had all been subject to a strict assessment before their transfer, and they had no contact with adult prisoners.
Mr Rafferty told the bail hearing he was given no reason for the transfer of his client, who he said was an Aboriginal boy from the State's north west.
He added there had been previous court findings that the boy did not have the capacity to understand what he was doing was wrong, and negotiations were currently underway to try to resolve the charges he is facing.
The boy is is alleged to have stolen a vehicle and driven at a police car, forcing it to veer off the road, before accelerating away.
The court was told the boy also repeatedly breached his strict bail conditions and had been in and out of custody.
Mr Rafferty said his client had a deprived and traumatic childhood and had a range of issues, including a low range of cognitive functioning, as well as possible Foetal Alcohol Spectrum Disorder (FASD).
'Wholly inappropriate'
The State Prosecutor opposed bail, saying while the boy was in a very concerning position, he had continued to commit offences when he was previously released on bail.
The prosecutor said while it was accepted he had trauma and capacity issues, the bail plan that had been put forward was deficient.
Magistrate Wendy Hughes said it was unsure why the boy was in the unit because no explanation had been provided to the court.
She said she calculated that the boy had already spent about 91 days in juvenile custody, most of it while he was still only 13, and his current situation was "wholly inappropriate" given his antecedents and his young age.
"The conditions in which he finds himself are a central part of my reasoning today." Magistrate Hughes said.
She ruled the boy could be managed adequately in the community and that he should be released into the care of a responsible adult, with a night time curfew between 7.00pm and 7.00am.
At the end of proceedings, Magistrate Hughes addressed the teenager, telling him if he again "tears around" with other boys when he is released, he will sent back to custody.
