ruled a magistrate had improperly exercised his discretion in the case.

Andrew Christopher Warren and Derek Jermaine Caines were last night back at home with their families, following the successful appeal by lawyer Juliana Jack.

The pair, aged 17 and 18, had spent a night at the Co-Ed Facility in St.

George's after Acting Senior Magistrate Edward King remanded them for two weeks, pending the preparation of social inquiry reports.

Following yesterday's appeal, before temporary Puisne Judge Patricia Dangor, Warren and Caines were freed on $500 bail, providing they report to Probation Services within 48 hours.

The Crown, represented by Patrick Doherty, agreed that they should be released.

Earlier this week they had originally admitted breaking into Brenda's Poolside Diner on South Road, Warwick on May 31 and stealing $10.75 and a soft drink when Mr. King ordered their detention.

But yesterday Mrs. Justice Dangor ruled that Mr. King had improperly exercised his discretion, given their previous good character and family background, in detaining them.

And he was wrong not to allow duty counsel, Peter Farge, to address him and mitigate on behalf of the two teenagers during the hearing, on Tuesday, the ruling said.

In addition, the judge said Mr. King was wrong not to state his intention that he was considering remanding the two.

Mr. King took the course of action after discovering the normal time period for a social inquiry report was six weeks.

The complainant, Brenda Spencer, also objected to the pair being remanded.

Warren, of Cherry Hill Park, Paget and Caines, of Silvan Dell Road, Paget will now return to court on August 18.