Children in custody are being forced to appear before courts handcuffed and chained at increasing rates, in what Wollongong lawyer Aaron Kernaghan has labelled ‘‘a form of abuse’’.
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Mr Kernaghan has called for a judicial review into practices within the juvenile detention system after a 12-year-old client of his was shackled for an appearance before Port Kembla Children’s Court on Monday.
The indigenous boy appeared via video link from a juvenile justice centre in handcuffs and chains, to the distress of family members sitting in court.
‘‘They were horrified to see it and had to leave the court room because of the distress they were in seeing their little boy handcuffed,’’ Mr Kernaghan, a former prosecutor, said.
‘‘In all of my years of prosecuting and defending people it is rare that an adult would appear in court handcuffed, so it’s completely unheard of for a child to be handcuffed without there being some truly exceptional situation.’’
When Mr Kernaghan questioned centre staff about the need to shackle a child who was sitting in a bare room, waiting for his turn to appear on screen in court, he was told it was due to an ‘‘internal decision’’.
Alarmingly, he said the incident was not a one-off.
‘‘I’ve had correspondence from a number of colleagues who have indicated that ... this is happening more often than anyone would care to admit, and it seems to be something that, in the very least, needs to be investigated further,’’ Mr Kernaghan said.
‘‘I think it’s abuse and if it’s being used to punish children, then it’s my view that it would be illegal and those responsible for issuing the orders to do it, and those carrying it out, should be held to account.’’
Mr Kernaghan has referred the matter to the NSW Attorney General and NSW Ombudsman in the hope they will intervene and determine if the problem is more widespread.
He said presenting children to court in that manner was ‘‘nothing short of disrespectful of what the court stands for’’.
Presiding Children’s Court Magistrate Graham Blewitt indicated he would take the matter up with the registrar and the president of the NSW Children’s Court.