The WA Premier says he disagrees with the state's children's court and the way it is handling some juvenile detainees in the latest escalation over the detention of teenagers in part of an adult prison.
It has defended the unusual move as necessary because of the "extreme behaviour" of those moved to the facility, saying it has allowed juvenile detention centre Banksia Hill to better care for other detainees.
But on Friday President of the Children's Court, Hylton Quail, described the situation as "barbaric", "cruel" and "a form of child abuse", warning the government it could be found in contempt of court.
Community may be 'justifiably aggrieved': Judge
Judge Quail made the comments in sentencing two teenagers to non-custodial sentences.
But Mr McGowan rejected the criticism, saying Unit 18 remained necessary and appropriate.
He said the community might be "justifiably aggrieved" that penalties handed down by the Children's Court recently were not seen as proportionate to the crimes being committed.
“I don’t agree with that and they shouldn’t be doing it,” Mr McGowan said today.
He explained juvenile detainees were not sentenced to spend time at Unit 18 but were sent there "if they behave so badly, destroy their cells and attack staff so much they can't be managed in Banksia [Hill]".
"The vast majority of the detainees aren't doing this in Banksia, and they're disrupted by the ones that were sent to Unit 18."
Detainees in Banksia deserve a 'chance': Premier
Mr McGowan said he was "sympathetic to these kids" but pointed to recent incidents, including one in which a juvenile detainee was accused of rushing a pilot on an airborne flight, to explain why some children had to be moved to Unit 18.
"I want them to have a new chance in life. I want them to get the educational and psychological support that you get at Banksia," he said.
"But you've got to be prepared to participate.
"If you just go there and attack everyone and wreck everything and destroy everything, what are we supposed to do? Just allow that to continue to happen?
"It's all very well to express concern about these things, but you've got to deal with the practicalities."
'System is broken'
It comes after the president of WA's Law Society yesterday called for a "rethink" of Unit 18, saying the facility was "not appropriate for children or young people".
"The system is broken if juvenile detainees are being housed in conditions described as cruel and punishing, and as having no rehabilitative effect," Rebecca Lee said.
"The WA government needs to urgently look at how it can redirect funding to the programmes that work to reduce the root causes of crime before behaviour escalates, and how to house children appropriately when either bail is inappropriate or a custodial sentence is to be imposed."
