A 15-year-old girl accused of burgling a bar in County Fermanagh is to be released on unconditional bail, a High Court judge ordered today.

Mr. Justice Humphreys described her remand in custody as potentially unlawful and stressed that child defendants can only be detained under exceptional circumstances.

He said: “It’s quite beyond me how it continues to occur in Magistrates’ Courts up and down Northern Ireland.”

The girl, who cannot be identified because of her age, is charged in connection with an alleged raid on Pat’s Bar in Enniskillen on May 4.

Prosecutors claimed three teenagers entered through a fire exit and stole bottles of alcohol while a member of staff was in another area.

Police later detained the suspects in town with stock said to have been taken from the pub.

With the girl subsequently remanded in custody amid concerns over alcohol abuse, the court heard efforts have been made to arrange secure accommodation for her.

During her application for bail the judge stressed how the terms of the Criminal Justice (Children) (Northern Ireland) Order 1998 sets out how minors must be released on bail unless charged with a violent or sexual crime, or an offence that a convicted adult would be imprisoned for at least 14 years.

“Concerns about this young girl and her alcohol abuse are perfectly well made, and it’s essential that social services put in place steps to help her in the situation she finds herself in,” he said.

“The way not to deal with these cases is to remand children into custody.”

Mr. Justice Humphreys added: “If it requires me to make some sort of pronouncement about this I will do so.

“What we are dealing with here, on the face of it, is an unlawful remand.”

He confirmed: “I’m going to admit her to bail unconditionally… it’s important that prosecutors up and down the country are very familiar with the 1998 Order and what it requires for a remand in custody.”