Yawning teen appears in court accused of stealing a car the night before

The teenager was one of three boys who were arrested in the early hours of Thursday, January 11, under suspicion they were riding in a stolen car that was involved in a police pursuit that morning.

They cannot be identified due to their age - two of them were 13 years-old and the other 15.

Police are alleging they were in a stolen Toyota Kluger that was involved in a police pursuit from Orange to Canowindra Road and back at 2.40am.

Road spikes were deployed on Cargo Road and the vehicle stopped in Raines Place.

The three boys and a 12-year-old girl were arrested a short time later and accused of being involved in the pursuit.

The three boys appeared in Orange Children's Court via an audio visual link from Orange Police Station later that same afternoon and each applied for bail.

The girl is to appear in court at a later date.

The tired 13-year-old was the first to appear and apply for bail.

He was charged with being carried in a stolen car, entering enclosed land without a lawful excuse and participating in a criminal group contributing to a criminal activity.

The alleged group is the 2800s or 2800ontop.

The boy's solicitor Zoe Huijer said he will plead not guilty and would apply for bail saying he is vulnerable in custody.

However, the boy was subject to Supreme Court Bail at the time of his arrest and police prosecutor Sergeant Beau Riley made a counter application to keep him in detention due to the teenager breaching that bail and for further offending.

He argued that keeping the boy in custody would be for the protection of the community as well as his own protection.

"The offending is now a matter that's a danger to the community," Sergeant Riley said.

"It's getting to the point now where it's just luck that no one is injured or killed.

"The way these young blokes are driving the car it's only a matter of time before someone kills someone."

Ms Huijer argued against those claims saying, "no young person is protected from themselves while in custody," and emphasised the boy's young age.

She instead asked he be granted bail with conditions he not contact his alleged-co-offenders and not leave the house unless accompanied by his guardian or at school.

"These are onerous conditions for a 13-year-old whose offences at this stage cannot be proved beyond reasonable doubt," she said.

Magistrate David Day said because the boy is 13 there will need to be a hearing called doli incapax about whether the boy has the capacity for criminal intent.

He added the boy could spend three months in custody if refused bail and due to his age a sentence of full-time custody is unlikely.

"Although he has no convictions he does have a number of other related offences," Mr Day said.

"The fact that a 13-year-old boy is on Supreme Court bail for serious matters is concerning.

"The fact that he is in breach of that bail is concerning."

The boy was refused bail and is to return to court next month.

The 15-year-old boy also applied for bail on Thursday afternoon.

He was charged with police pursuit and driving recklessly, driving a stolen vehicle, participating in a criminal group and contributing to criminal activity and entering enclosed land without lawful excuse.

"He's a new recruit," Mr Day noted when reviewing his case.

Mr Day said it was a "very strong case" but the boy has no history of violence.

"I don't want him associating with well-known young offenders who do have a lot of form," he said.

Mr Day granted the boy bail to live at an address in another town and not to come withing 50 kilometres of Orange except to attend court.

The boy had wanted to live in Orange and shook his head when told where he is to live and who he is to live with.

The other 13-year-old boy was initially refused bail on Thursday so his solicitor could find a suitable address for him to live at.

Such an address was put forward in Orange Children's Court on Friday and the boy was granted bail.

He was charged with participating in a criminal group contributing to criminal activity and being carried in a stolen car.