The overcrowding situation in the Island's youth homes is nothing new, but Government is looking to build a proper facility to stop growing youth crime.

And Health Minister Nelson Bascome pledged he would not order the imprisonment of young offenders with adult prisoners -- because he said that often their crimes are not as serious.

He was speaking after The Royal Gazette revealed that Observatory Cottage, a home for juveniles -- aged 15 and under -- was full.

On January 19, a counsellor told Juvenile Court Magistrate Carlisle Greaves the facility would be full for 30 days after he sentenced a boy for stealing a cycle and riding dangerously during a Police chase.

And lawyers in Juvenile Court this week brought the homes back into the limelight when they fought efforts to have three youths who admitted setting fires at Harrington Sound Primary School committed to the homes.

The homes are also known as approved societies -- so-called because they are approved by the Health Minister for the reform of juvenile criminals.

Questioned before the Harrington Sound sentencing phase started, Mr. Bascome said: "The situation is the same as we have had for a while. It probably is full. We don't have a lot of beds up there.

"But we're not going to imprison young people. A lot of their actions don't warrant them going to prison.'' Mr. Bascome explained Government wanted a purpose-built facility for children because it recognised many young people had become too much to handle for parents and teachers.

"We just don't have a proper facility for young people that are creating problems,'' he said. "But I have seen the results of where they incarcerated kids with adult criminals.'' Mr. Bascome added: "In the interim we have no option, we have to do the best we can.'' Mr. Bascome said the situation will be addressed in the new Children's Act and regulations.

"But,'' he added, "you have to realise that for their treatment, a lot depends on their motivation and willingness to accept their actions.'' The suitability of sending the three juveniles to an Approved Society came in for close scrutiny a week after Mr. Greaves was told about the facility being full.

Defence lawyers fought hard in challenging probation officers' belief that the boys should be sent to a home for the crime.

A veil was thrown back on the running of the Observatory Cottage and the type of programmes, psychiatric counselling, and education offered there.

Probation officers and psychologists in private practice gave evidence about the little known area of the justice system.

Without a psychiatrist on staff, residents receive both individual and family counselling and are often referred to outside specialists.

The boys are often released to their families for weekends and as reported to Mr. Greaves can be released within hours of being committed on the discretion of the director.

Probation officer Denise Carey hotly rejected defence lawyer Saul Froomkin's suggestion that children at the home are "some of the worst'' offenders in the Island.

Mr. Greaves interjected that he had only sent one child to the home because of "incorrigibility''.

Ms Carey also denied that approved societies are "punishment places'' in response to a question from Mr. Froomkin.

She said they were a "consequence'' of an infraction of some law for children.

Psychologist Guy Fowle -- who like other child psychiatrists and psychologists does assessment work for Family Services, the department that operates the approved societies -- detailed his knowledge of how child offenders are treated.

To his knowledge, there is one clinical social worker, and three or four youth workers without social work degrees.

"As far as I know, no, there isn't a psychologist or psychiatrist,'' Dr.

Fowle told the court. "But they do work regularly with Child and Family Services who hand cases out.'' When asked if it would be "beneficial'' for one of the defendants to be sent to the home, Dr. Fowle said: "I don't think he needs to be protected from himself.

"I don't think what he needs for optimum psychological development would be available at an approved society.

"To my understanding, people who go there are out of control with a history of that,'' he added.

Under questioning by Mr. Greaves, Dr. Fowle said the philosophy of the approved societies is "reform and remediation''.

Later, Mr. Greaves said: "With these approved societies, my experience is that so long as they are not really exhibiting bad behaviour, they spend more of their time at home than at that place.''