Child Care Act 1991

F108 [ Custodial sentence, deferred children detention order, Children Act order and provision of special care.

23E

23E. (1) Subject to subsections (7) , (9) and (10) , nothing in this Act shall be construed as preventing the F109 [ Child and Family Agency ] from providing special care, in accordance with a special care order or an interim special care order, to a child who has been found guilty, or convicted, of a criminal offence and where, following such conviction

( a ) a custodial sentence was imposed on the child and that sentence has been served,

( b ) a suspended custodial sentence has been imposed on that child,

( c ) the making of a children detention order has been deferred, in respect of that child, in accordance with section 144 of the Act of 2001,

( d ) any detention imposed in accordance with section 144(9)( a ) of the Act of 2001 on the child has been served,

( e ) a period of detention, imposed in respect of the child in accordance with section 144(9)( b ) of the Act of 2001, has been suspended, or

( f ) a Children Act order has been made in respect of that child,

and without prejudice to the generality of the foregoing nothing in this Act shall be construed as preventing the F109 [ 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 such child, from applying for an extension under section 23J or 23N in respect of such child, or as preventing the High Court from hearing and determining such application.

(2) Without prejudice to subsection (1) , where a child is the subject of a special care order or an interim special care order and during the period for which the order has effect a suspended custodial sentence is imposed on that child, the making of a children detention order has been deferred in respect of that child under section 144 of the Act of 2001, a period of detention has, under section 144(9)( b ) of the Act of 2001, been suspended in respect of that child or a Children Act order is made in respect of that child, subject to subsections (7) , (9) and (10) , nothing in this Act shall be construed as

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

( b ) preventing the F109 [ Child and Family Agency ] from making an application to extend the period for which

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

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

or

( c ) preventing the High Court from hearing and determining an application referred to in paragraph ( b ),

and the F109 [ Child and Family Agency ] shall, as soon as practicable, inform the Court which imposed the suspended custodial sentence, deferred making the children detention order, suspended the period of detention or made the Children Act order that the child is the subject of a special care order or an interim special care order and the period for which such order has effect.

(3) Where the F109 [ 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, under section 23J , a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a suspended custodial sentence has been imposed in respect of the child who is the subject of that application, the F109 [ Child and Family Agency ] shall

(i) inform the High Court of

(I) such suspended custodial sentence and any terms, conditions and other requirements of such sentence, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of such suspended custodial sentence and subsection (6) ,

and

(ii) inform the Court which imposed the suspended custodial sentence

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and of the period for which the order has effect, or

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

(4) Where the F109 [ 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, under section 23J , a special care order or, under section 23N , an interim special care order, has effect,

and at the time the application is made the making of a children detention order has, in accordance with section 144 of the Act of 2001, been deferred in respect of the child who is the subject of that application, or a period of detention has, in respect of that child, been suspended under section 144(9)( b ) of that Act, the F109 [ Child and Family Agency ] shall

(i) inform the High Court

(I) that the making of a children detention order has been deferred under and in accordance with section 144 of the Act of 2001, that a period of detention has not been imposed at the time of the making of the application, and of any terms, conditions and other requirements of such children detention order or, in respect of such suspended period of detention, and

(II) of any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of such children detention order, or such suspension, and subsection (6) ,

and

(ii) inform the Court which deferred making such children detention order or suspended the period of detention

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

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

(5) Where the F109 [ 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, under section 23J , a special care order or, under section 23N , an interim special care order, has effect,

and at the time the application is made a Children Act order has been made in respect of the child who is the subject of that application, the F109 [ Child and Family Agency ] shall

(i) inform the High Court of

(I) the Children Act order concerned and the terms, conditions and other requirements of that order, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of the Children Act order concerned and subsection (6) ,

and

(ii) inform the Court which made the Children Act order

(I) of the application referred to in paragraph (a) and, where the special care order or the interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

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

(6) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect

( a ) a suspended custodial sentence has been imposed in respect of that child,

( b ) the making of a children detention order has, in respect of the child, been deferred under section 144 of the Act of 2001,

( c ) a period of detention has been suspended in accordance with section 144(9)( b ) of the Act of 2001, or

( d ) a Children Act order is made in respect of the child,

the F109 [ Child and Family Agency ] shall take all steps reasonably open to it to assist that child to comply with the terms, conditions and other requirements of the suspended custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) or the Children Act order referred to in paragraph (d) , and, without prejudice to the generality of the foregoing, shall

(i) convey that child to any place which that child is required to attend pursuant to the custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) , or the Children Act order referred to in paragraph (d) , and

(ii) provide that child with access to any person for the purposes of complying with the terms, conditions or other requirements of the custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) , or the Children Act order referred to in paragraph (d) .

(7) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N , has been made in respect of a child and before that application has been determined

( a ) a custodial sentence is imposed on that child and is to take effect immediately,

( b ) under section 144(9)( a ) of the Act of 2001, a period of detention is imposed in respect of that child and such period of detention is to take effect immediately,

( c ) a period of detention which had been suspended in accordance with section 144(9)( b ) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, or

( d ) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

the F109 [ Child and Family Agency ] shall withdraw that application.

(8) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N , has been made in respect of a child and before that application has been determined

( a ) a suspended custodial sentence is imposed on that child,

( b ) the making of a children detention order has been deferred, in respect of that child, under section 144 of the Act of 2001 or a period of detention has been suspended, in respect of that child, under section 144(9)( b ) of that Act, or

( c ) a Children Act order has been made in respect of that child,

the F109 [ Child and Family Agency ] shall inform the High Court as soon as practicable of the suspended custodial sentence referred to in paragraph (a) , the children detention order or suspension referred to in paragraph (b) or the Children Act order referred to in paragraph (c) and of any matter requiring the release of the child from the special care unit under section 23NG for the purposes of complying with such suspended custodial sentence, children detention order, suspension or Children Act order.

(9) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect

( a ) a custodial sentence is imposed on that child and is to take effect immediately it is imposed, or

( b ) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or interim special care order shall operate so as to prevent the child from serving that custodial sentence and without prejudice to the generality of the foregoing the F109 [ Child and Family Agency ] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(10) Where a child is the subject of a special care order or an interim special care order and the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child, or a period of detention has been suspended in accordance with section 144(9)( b ) of that Act, and during the period for which such special care order or interim special care order has effect

( a ) a period of detention is imposed under section 144(9)( a ) of the Act of 2001, in respect of that child and such period of detention is to take effect immediately, or

( b ) a period of detention which had been suspended in accordance with section 144(9)( b ) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or such interim special care order shall operate so as to prevent the child from being so detained and without prejudice to the generality of the foregoing the F109 [ Child and Family Agency ] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(11) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a suspended custodial sentence is imposed on that child

( a ) the F109 [ Child and Family Agency ] shall inform the High Court of such suspended custodial sentence, any terms and conditions of such suspended custodial sentence and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such suspended custodial sentence, and

( b ) subject to subsection (9) , the F109 [ Child and Family Agency ] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(12) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child or a period of detention has been suspended in accordance with section 144(9)( b ) of that Act

( a ) the F109 [ Child and Family Agency ] shall inform the High Court of such deferral or such suspension and of any terms and conditions of such deferral or suspension and of any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of complying with such deferral or suspension, and

( b ) subject to subsection (10)(a) or (10)(b) , the F109 [ Child and Family Agency ] shall, in accordance with such special care order or such interim special care order and this Act, continue to provide special care to the child.

(13) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a Children Act order is made in respect of that child

( a ) the F109 [ Child and Family Agency ] shall inform the High Court of such Children Act order, any terms and conditions of such Children Act order and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such Children Act order, and

( b ) the F109 [ Child and Family Agency ] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(14) In this section references to a custodial sentence being served means, in the case of a custodial sentence which is a detention and supervision order, that the period for which that order was made has expired. ]

Annotations:

Amendments:

F108

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.

F109

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:

E67

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 25, S.I. No. 887 of 2004; substituted as per F-note above.

E68

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); section substituted as per F-note above.