A boy charged with murder was re-arrested while already inside a detention centre because the facility would not use force to make him appear in court.

A children’s court judge hit out at the “frustrating” situation after the 16-year-old refused to attend court three times in two weeks.

The youth justice facility did not use force to make him attend in person, a legal requirement needed so he could be ordered to give a DNA sample for a homicide investigation.

“The bare bones of this is that the child is making the call,” the judge told the court on Wednesday.

He is one of eight males charged with murder over the deaths of two boys walking home from a basketball match.

Chol Achiek, 12, and Dau Akueng, 15, were allegedly set upon by a group of males at Cobblebank in Melbourne’s outer north-west on September 6.

A youth justice official said the 16-year-old refused to attend court as he claimed to be unwell.

However, the prison’s health service since determined he did not appear to be unwell.

The official said the facility was unable to use force on the boy to make him go to court and staff unsuccessfully tried to encourage him to go.

“Our procedure is not to use force,” the official told the court.

“He was of the position he did not want to make it easier for police to obtain his DNA.”

The judge was concerned the child had been permitted to take control of the proceedings.

“It’s an invitation to them almost, do you want to attend court?” the judge said.

The 16-year-old had twice refused to attend in person last week.

“It’s frustrating at the least as it’s not the first time it’s happened,” the judge said.

“It could be said that that policy is usurping or taking away legal authority.”

The boy’s lawyer told the court he was unsure why his client did not attend that morning.

The prosecutor was concerned the missing DNA sample would hold up the case of the seven other co-accused.

The judge issued a warrant for the boy’s arrest from inside the youth justice facility.

He was eventually brought to court and stared ahead during his brief appearance.

A small dagger, machete sheaths, two wooden stakes, a partially eaten sausage roll and a sausage roll wrapper are among items seized as part of the investigation, a police affidavit revealed.

A 15-year-old who also previously refused to attend court did appear on Wednesday and was ordered to give a DNA sample voluntarily or by force.

In total, five of the eight males charged over the deaths are juveniles.

The adult co-accused Prince Conteh, 19, Peter Addo, 18, and Abel Sorzor, 19 will face Melbourne Magistrates Court in December.