Detention converted into probation order for teenagers in 'girl violence' case

Two teenage girls who had been sentenced to two weeks detention in prison for a case involving "girl violence" had their punishment changed to probation by a court of appeal.

"In the court's opinion this is a classic case when the courts ought to apply probation provisions... with the aim to salvage the accused from a life of juvenile delinquency and guide them towards the right path by competent and dedicated officials that form part of the Probation Officers' corps," Mr Justice Joseph Galea Debono ruled while noting that the Magistrates' Court's judgement was within the legal parameters prescribed by law.

The two girls, aged 13 and 14, had been found guilty of threatening three young girls, who they did not know and for no apparent reason, outside the Embassy Shopping Complex, in Valletta on March 4 at about 3.45 p.m.

The 13-year-old was also found guilty of assaulting one of the girls and slightly injuring her. This was a typical case of "girl violence", the judge noted.

Both accused were sentenced to two weeks in detention, which meant they were to spend two weeks in prison. They had been charged together with another 13-year-old girl who was also sentenced to detention but chose not to appeal. After spending a few hours at the Corradino Correctional Facility she was taken to Mount Carmel Hospital where she served the rest of her detention period.

(The law distinguishes between detention and a jail term. A jail term is handed down on conviction of committing a crime while detention is the punishment applied for a contravention. Sentences of detention are not listed in a person's criminal record.)

The two girls appealed claiming, among other things, that the punishment was excessive. On evaluating the case, Mr Justice Galea Debono ruled that the two girls had problems of some kind (the parents of one of them were separating) and needed guidance so that they were taught how to behave responsibly and stop hanging around with bad company.

They ought to be thought life skills to overcome any difficulties they faced rather than be allowed to rebel against society as they were doing with the encouragement of the "pack" they frequented, the court said.

The judge noted that the punishment handed down by the first court was within legal parameters. One could understand how the first court must have wanted to teach the girls a lesson, however, this was a case that deserved a probation order.

The judge also took into account the fact that the teenagers had a clean criminal record and were of a young age and therefore decided to place them on probation for three years.