Child Care Act 1991

Failure or refusal to deliver up a child.

34

34. (1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F229 [ the F230 [ Child and Family Agency ] ], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F229 [ the F231 [ Agency ] ], to give up the child to F229 [ the F231 [ Agency ] ], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.

Annotations:

Amendments:

F229

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 40, S.I. No. 887 of 2004.

F230

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.

F231

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

Modifications (not altering text):

C22

Application of subs. (1) affected (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2), (3), S.I. No. 662 of 2010. The Euro equivalent of £500 is €634.87.

Definitions

3.— In this Part— ...

“class D fine” means a fine not exceeding €1,000;

...

Class D fines

7.— ...

(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class D fine.

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class D fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

...

...

...

2.

1 January 1990 to 31 December 1996

Not greater than €692 but greater than €346

...

...

...