Child Care Act 1991
Failure or refusal to deliver up a child.
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 F269 [ the F270 [ 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 F269 [ the F271 [ Agency ] ], to give up the child to F269 [ the F271 [ 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:
F269
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.
F270
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.
F271
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):
C62
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 |
|
... |
... |
... |