Child Care Act 1991

F106 [ Criminal proceedings and provision of special care.

23D

23D. (1) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, subject to subsection (6) and section 23E , nothing in this Act shall be construed as preventing the F107 [ Child and Family Agency ] from providing special care to such child in accordance with a special care order or an interim special care order.

(2) Without prejudice to the generality of subsection (1) , subject to subsection (6) and section 23E

( a ) where a child is charged with an offence and the proceedings in respect of that charge have not been determined, nothing in this Act shall be construed as preventing

(i) the F107 [ Child and Family Agency ] from applying for a special care order or an interim special care order and, where the order is made in respect of that child, from applying for an extension of that order under section 23J or, as the case may be, section 23N , in respect of that child, or

(ii) the High Court from hearing and determining an application referred to in subparagraph (i),

and

( b ) where a special care order or an interim special care order has been made in respect of a child and that child is charged with an offence during the period for which a special care order or an interim special care order has effect, nothing in this Act shall be construed as

(i) requiring the special care order or interim special care order to be discharged,

(ii) preventing the F107 [ Child and Family Agency ] from making an application to extend the period for which, under section 23J , a special care order or, under section 23N , an interim special care order, has effect, or

(iii) preventing the High Court from hearing and determining an application referred to in subparagraph (ii),

before the proceedings in respect of that charge are determined and the F107 [ Child and Family Agency ] shall, as soon as practicable, inform the Court hearing that charge that the child is the subject of a special care order, or an interim special care order, and of the period for which the order has effect.

(3) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, without prejudice to section 24 , when considering

( a ) an application for a special care order or an interim special care order in respect of that child,

( b ) an application, in respect of that child, to extend the period for which

(i) under and in accordance with section 23J , the special care order has effect, or

(ii) under and in accordance with section 23N , the interim special care order, has effect,

or

( c ) an application under section 23NG , in respect of that child, to vary the special care order or interim special care order to authorise the release of a child from a special care unit for the purposes of the hearing of that charge and any other matter relating to the conduct of the proceedings in which that charge is heard,

the High Court shall have regard, at all times, to the rights of the child who is the subject of that application including his or her rights in the proceedings in which that charge is heard and without prejudice to the generality of the foregoing, the High Court shall not make, or vary, such order or extend such period or give a direction in respect of such order, extension or variation which would prejudice, or otherwise interfere with, the rights of the child in the proceedings in which that charge is heard and the conduct of those proceedings.

(4) Where the F107 [ Child and Family Agency ] makes an application

( a ) for a special care order or an interim special care order, or

( b ) to extend the period for which

(i) under section 23J , the special care order has effect, or

(ii) under section 23N , the interim special care order has effect,

in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F107 [ Child and Family Agency ] shall

(i) inform the High Court of

(I) that charge and those proceedings,

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of the hearing of that charge and the conduct of those proceedings, and

(III) without prejudice to the generality of subparagraph (II) , any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of subsection (5)(b) and (5)(c) ,

and

(ii) inform the Court hearing that charge

(I) of the application referred to in paragraph (a) and, where the High Court makes a special care order or an interim special care order, to inform the Court hearing that charge that the order concerned was made and the period for which it has effect, or

(II) of the application referred to in paragraph (b) and where the order has been extended, to inform the Court hearing that charge of the period for which that order was extended.

(5) Where a special care order or an interim special care order has been made in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F107 [ Child and Family Agency ] shall

( a ) convey the child to the Court hearing that charge,

( b ) provide the child with access to the solicitor and counsel representing the child in the proceedings relating to that charge, and

( c ) convey the child to any other place, or provide the child with access to any other person for the purposes of the representation of that child in, or any other matter relating to the hearing, or conduct, of those proceedings in respect of that charge.

(6) Where a child referred to in paragraph (a) or (b) of subsection (2) is remanded in custody, whether pursuant to section 88 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001 or otherwise, before the proceedings in respect of that charge are heard and determined, nothing in this Act shall be construed as operating to prevent the remand of that child in custody and

( a ) the F107 [ Child and Family Agency ] shall not make an application for a special care order or an interim special care order or an application under section 23J or 23N in respect of that child and where such application was made but not determined before the child was remanded in custody, the F107 [ Child and Family Agency ] shall withdraw the application, or

( b ) where a special care order or an interim special care order has been made and has effect before the child is remanded in custody, nothing in this Act shall be construed as requiring the F107 [ Child and Family Agency ] to continue to provide special care to that child and the F107 [ Child and Family Agency ] shall apply to the High Court to have such special care order or interim special care order discharged.

(7) In this section, Court hearing that charge includes the Children Court referred to in section 71 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001. ]

Annotations:

Amendments:

F106

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F107

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E65

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 24, S.I. No. 887 of 2004; substituted as per F-note above.

E66

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date (23.07.2011) by Child Care (Amendment) Act 2007 (26/2007), s. 15, S.I. No. 509 of 2007; section substituted as per F-note above.