Children Act 2001

Children Act 2001


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 31 March 2017


This Revised Act is an administrative consolidation of the Children Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), enacted 15 March 2017, and all statutory instruments up to and including Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2017 (S.I. No. 112 of 2017), made 27 March 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 31 March 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Children Acts 2001 to 2015 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Children (Amendment) Act 2015 (30/2015), s. 1(2)). The Acts in this group are:

Children Act 2001 (24/2001)

Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001

Criminal Justice Act 2006 (26/2006), Part 12

Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21)

Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47

Children (Amendment) Act 2015 (30/2015), Parts 1 and 2

Child Care Acts 1991 to 2015 : this Act (Part 2 and s. 267) is one of a group of Acts included in this collective citation to be construed together as one ( Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (17/1991)

Children Act 2001 (24/2001), Part 2 and s. 267

Health Act 2004 (42/2004), s. 75, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(3) and Part 2 s. 21, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2011 (19/2011), other than ss. 27, 32, 33, 35, 36, 37 to 45, 47 and 49

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015), s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Child Care (Amendment) Act 2015 (45/2015)

Children (Amendment) Act 2015 (30/2015)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Taxi Regulation Act 2013 (37/2013)

Education and Training Boards Act 2013 (11/2013)

Child Care (Amendment) Act 2013 (5/2013)

Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012)

Criminal Law (Defence and the Dwelling) Act 2011 (35/2011)

Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011)

Child Care (Amendment) Act 2011 (19/2011)

Criminal Justice (Public Order) Act 2011 (5/2011)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

Criminal Justice Act 2007 (29/2007)

Child Care (Amendment) Act 2007 (26/2007)

Medical Practitioners Act 2007 (25/2007)

Health Act 2007 (23/2007)

Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)

International Criminal Court Act 2006 (30/2006)

Criminal Justice Act 2006 (26/2006)

Criminal Law (Sexual Offences) Act 2006 (15/2006)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Non-Fatal Offences Against the Person Act 1997 (26/1997)

Criminal Law (Sexual Offences) Act 1993 (20/1993)

Child Care Act 1991 (17/1991)

Pensions Act 1990 (25/1990)

All Acts up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), enacted 15 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016)

Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016 (S.I. No. 273 of 2016)

Children Act 2001 (Section 160 Designation) Order 2016 (S.I. No. 28 of 2016)

Children Act 2001 (Designation of Remand Centres) Order 2015 (S.I. No. 95 of 2015)

Children Act 2001 (Section 160 Designation) Order 2015 (S.I. No. 94 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012)

Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011)

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Children Acts Advisory Board Spouses and Children’s Contributory Pension Scheme 2011 (S.I. No. 4 of 2011)

Children Acts Advisory Board Employee Superannuation Scheme 2011 (S.I. No. 3 of 2011)

Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010 (S.I. No. 46 of 2010)

Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007)

Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007)

Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Siochana Stations)(Amendment) Regulations 2006 (S.I. No. 641 of 2006)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

Children (Family Welfare Conference) Regulations 2004 (S.I. No. 549 of 2004)

Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004)

Children Act 2001 (Commencement) Order 2004 (S.I. No. 468 of 2004)

Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003 (S.I. No. 741 of 2003)

Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Children Act 2001 (Commencement) Order 2002 (S.I. No. 151 of 2002)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)

All statutory instruments up to and including Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2017 (S.I. No. 112 of 2017), made 27 March 2017, were considered in the preparation of this revision.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 31 March 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation (general).

4.

Laying of regulations before Houses of Oireachtas.

5.

Repeals.

6.

Expenses.

PART 2

Family Welfare Conferences

7.

Convening of family welfare conference.

8.

Functions of conference.

9.

Persons entitled to attend conference.

10.

Procedure at conference.

11.

Administrative services.

12.

Notification of recommendations of conference.

13.

Action by health board on recommendations.

14.

Privilege.

15.

Regulations.

15A.

Transitional provisions relating to Health Act 2004.

15B.

Transitional provisions relating to the Child and Family Agency Act 2013

PART 3

Amendment of Act of 1991

16.

Amendment (new Parts IVA and IVB) of Act of 1991.

PART 4

Diversion Programme

Introductory

17.

Interpretation ( Part 4).

18.

Principle.

19.

Objective of Programme.

20.

Diversion Programme.

21.

Temporary incapacity of Director.

Admission to Programme

22.

Report on child to Director.

23.

Admission to Programme.

24.

Decision to admit to Programme.

Administration of cautions

25.

Cautions.

26.

Presence of victim at formal caution.

Supervision of children admitted to Programme

27.

Supervision.

28.

Level of supervision.

Holding of conference in respect of child

29.

“Conference”.

30.

Recommendation that conference be held.

31.

Decision on holding conference.

32.

Persons entitled to attend conference.

33.

Location of conference.

34.

Time limit for holding conference.

35.

Notification to participants.

36.

Views of those unable or unwilling to attend conference.

37.

Procedure at conference.

38.

Period or level of supervision.

39.

Action plan.

40.

Disagreement on action plan.

41.

Report to Director.

42.

Decision by Director on period or level of supervision.

43.

Administrative services.

Committee to monitor effectiveness of Programme

44.

Review of effectiveness of Programme.

45.

Vacancies in committee.

Other matters relating to the Programme

46.

Supplemental provisions.

47.

Regulations ( Part 4).

48.

Inadmissibility of certain evidence.

49.

Bar to proceedings.

50.

Privilege.

51.

Protection of identity of children.

PART 5

Restriction on Criminal Proceedings against Certain Children

52.

Restriction on criminal proceedings against certain children.

53.

Duty of Garda Síochána in relation to certain under-age children.

54.

Aiding, etc., under-age child to commit offence.

PART 6

Treatment of Child Suspects in Garda Síochána Stations

55.

Treatment of child suspects.

56.

Separation of children from adults in Garda Síochána station.

57.

Notification to child.

58.

Notification of arrest of child to parent or guardian.

59.

Notification to health board.

60.

Notification to solicitor.

61.

Interviewing children.

62.

Notification of proceedings to parent or guardian.

63.

Notification of proceedings to adult relative or other adult.

64.

Procedure by summons.

65.

Notice to adult relative or other adult where proceeding by summons.

66.

Provisions common to sections 56 to 63 and 65.

67.

Amendment of section 5 of the Criminal Justice Act, 1984.

68.

Release on bail by member of Garda Síochána.

69.

Application of certain provisions to married child.

70.

Regulations ( Part 6).

PART 7

Children Court

71.

Children Court.

72.

Requirement for transacting business in Children Court.

73.

Arrangements for hearing of proceedings in Children Court.

74.

Children charged with summary offences jointly with adults.

75.

Jurisdiction to deal summarily with indictable offences.

76.

Children charged with indictable offences jointly with adults.

76A.

Powers of Court in criminal proceedings against child.

76B.

Assistance to Court by Child and Family Agency.

76C.

Dismissal of case against child under 14 in certain circumstances.

PART 8

Proceedings in Court

77.

Referral of case to health board.

78.

Family conference.

79.

Convening of family conference.

80.

Action plan.

81.

Report to Court by probation and welfare officer.

82.

Action by Court on report of probation and welfare officer.

83.

Failure to comply with action plan.

84.

Review of compliance with action plan.

85.

Application of provisions.

86.

Procedure at family conference.

87.

Administrative services to family conference.

88.

Remand in custody.

88A.

Transfer of children on remand.

88B.

Discipline of children on remand.

89.

Non-application of section 5 of Bail Act, 1997.

90.

Conditions of bail.

91.

Attendance at Court of parents or guardian.

92.

Conveyance to and from Court.

93.

Restrictions on reports of proceedings in which children are concerned.

94.

Persons entitled to be present at hearing.

PART 9

Powers of Courts in Relation to Child Offenders

General

95.

Interpretation ( Part 9).

96.

Principles relating to exercise of criminal jurisdiction over children.

97.

Construction of certain references.

98.

Orders on finding of guilt.

Probation Officer’s Reports.

99.

Probation officer’s report.

100.

Remand for preparation of report or other reason.

101.

Availability of child for preparation of report.

102.

Immunity from liability for reports.

103.

Access to reports.

104.

Right to tender evidence on report.

105.

Oral reports.

106.

Power of court on receipt of report.

107.

Regulations regarding reports.

Fines, costs and compensation

108.

Maximum fines.

109.

Determination of amount of fine and costs.

110.

Default in payment of fine, costs or compensation.

Orders in relation to parents or guardian

111.

Parental supervision order.

112.

Non-compliance with parental supervision order.

113.

Compensation by parent or guardian.

114.

Binding over of parent or guardian.

Community sanctions

115.

Community sanction.

116.

Imposition of community sanction.

117.

Conditions to which community sanction may be made subject.

118.

Day centres.

119.

Power to vary day centre order.

120.

Power to revoke day centre order.

121.

Provisions where more than one day centre order.

122.

Non-compliance with day centre order.

123.

Duties of child under day centre order.

124.

Probation (training or activities programme) order.

125.

Probation (intensive supervision) order.

126.

Probation (residential supervision) order.

127.

Power to vary probation (residential supervision) order.

128.

Failure to observe conditions of probation.

129.

Suitable person (care and supervision) order.

130.

Non-compliance with suitable person (care and supervision) order.

131.

Mentor (family support) order.

132.

Non-compliance with mentor (family support) order.

133.

Restriction on movement order.

134.

Variation of restriction on movement order.

135.

Provisions regarding more than one restriction on movement order.

136.

Non-compliance with restriction on movement order.

137.

Dual order.

138.

Expiry of community sanction.

139.

Commission of offence while community sanction in force.

140.

Effect of subsequent period of detention.

141.

Regulations.

Detention

142.

Detention orders.

143.

Restriction on detention orders.

144.

Deferment of detention order.

145.

Alternative to detention where no place available in children detention school.

146.

Finding of guilt during deferment.

147.

Detention in accordance with age of child. (repealed)

148.

Document to be produced to Director of children detention school.

149.

Period of detention in children detention school.

150.

Places of detention. (repealed)

151.

Detention and supervision.

152.

Transfer. (repealed)

153.

Rules governing places of detention. (repealed)

154.

Amendment of Criminal Justice (Community Service) Act, 1983.

155.

Persons who attain 18 years of age while detained.

156.

Restriction on punishment of children.

156A.

Transitional provision. (repealed)

156B.

Application of Prisons Acts, etc. rules to children detention schools. (repealed)

PART 10

Children Detention Schools

General

157.

Interpretation ( Part 10).

158.

Principal object of children detention schools.

159.

Certified schools under Act of 1908.

159A.

Education of children in children detention school, residential centres, etc.

159B.

Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).

160.

Designation of children detention schools.

161.

Provision of other places for detention of children.

162.

Funding of such places.

163.

Closure of children detention school or part thereof.

163A.

Amalgamation of children detention schools.

Boards of Management

164.

Boards of management.

165.

Functions of boards of management.

166.

Additional functions.

167.

Membership, etc., of boards of management.

168.

Removal and resignation of members.

169.

Casual vacancies.

170.

Temporary substitutes.

171.

Remuneration of members.

172.

Funding of Board.

173.

Accounts and audits.

174.

Annual report and information.

174A.

Final accounts and report.

175.

Meetings and procedure.

176.

Directions by Minister.

177.

Membership of either House of Oireachtas or of European Parliament.

178.

Non-disclosure of information.

179.

Rules by boards of management.

Director and staff of schools

180.

The Director.

181.

Staff of children detention schools.

182.

Transfer of staff.

183.

Terms and conditions of transferred staff.

184.

Superannuation.

185.

Inspection of children detention schools.

186.

Functions of authorised person.

186A.

Investigation of matters arising in relation to children detention schools, etc.

187.

Powers of Inspector. (repealed)

188.

Reports of inspections and investigations. (repealed)

189.

Annual report of Inspector. (repealed)

190.

Visiting panel.

191.

Duties and powers of visiting panels.

192.

Visits by judges.

Operation of schools

193.

Obligation of Director to accept children.

194.

Reception of children in schools.

195.

Maximum number of detained children.

196.

Sex and age of detained children.

197.

Treatment of children.

198.

Transfer between schools.

199.

Provision as to religious observance.

200.

Provision of medical treatment.

201.

Discipline.

201A.

Sanctions for disciplinary breach.

201B.

Petition by child against finding of disciplinary breach or sanction or both.

201C.

Appeal against forfeiture of remission.

201D.

Appeal Tribunal.

202.

Permitted absence.

203.

Other permitted absences.

204.

Mobility trips.

205.

Temporary leave.

206.

Conditions of grant of temporary leave.

207.

Supervision in community.

208.

Voluntary aftercare.

209.

Unconditional release.

210.

Early discharge.

211.

Order for production of child.

212.

Responsible persons.

213.

Duty to notify changes of address to school.

214.

Lawful custody of detained children.

Offences

215.

Escape.

216.

Helping child to escape.

217.

Harbouring escaped child.

218.

Unlawful entry or communication.

218A.

Unauthorised provision of mobile telecommunications device.

219.

Bringing alcohol, etc., into schools.

Other matters

220.

Delegation of certain functions by Minister.

221.

Regulations.

222.

Pending proceedings.

223.

Saving for certain acts.

224.

Transitional provisions.

PART 11 (repealed)

Special Residential Services Board

225.

Interpretation ( Part 11). (repealed)

226.

Special Residential Services Board. (repealed)

226A.

Change of name of Board. (repealed)

227.

Functions of Board. (repealed)

228.

Assignment of other functions. (repealed)

229.

Policy directions. (repealed)

230.

Membership, etc., of Board. (repealed)

231.

Removal and resignation of members. (repealed)

232.

Temporary substitutes. (repealed)

233.

Casual vacancies. (repealed)

234.

Remuneration of members. (repealed)

235.

Application to Board of sections 175, 177 and 178. (repealed)

236.

Seal. (repealed)

237.

Chief Executive of Board. (repealed)

238.

Staff of Board. (repealed)

239.

Superannuation of staff. (repealed)

240.

Funding of Board. (repealed)

241.

Accounts and audits of Board. (repealed)

242.

Annual report and information. (repealed)

243.

Delegation of functions. (repealed)

244.

Regulations. (repealed)

PART 12

Protection of Children

245.

Interpretation ( Part 12).

246.

Cruelty to children.

247.

Begging.

248.

Allowing child to be in brothel.

249.

Causing or encouraging sexual offence upon child.

250.

Amendment of Criminal Law (Sexual Offences) Act, 1993.

251.

Power to proceed in absence of child.

252.

Anonymity of child in court proceedings.

253.

Mode of charging offences.

254.

Powers of arrest without warrant, etc.

255.

Power to take deposition of child.

256.

Presumption and determination of age of child victim.

257.

Clearing of court in certain cases.

PART 12A

Anti-Social Behaviour by Children

257A.

Interpretation ( Part 12A).

257B.

Behaviour warning to child.

257C.

Meeting to discuss anti-social behaviour by child.

257D.

Behaviour order for children over 12.

257E.

Appeal against behaviour order.

257F.

Offences.

257G.

Legal aid.

257H.

Regulations (legal aid).

PART 13

Miscellaneous

258.

Non-disclosure of certain findings of guilt.

259.

Duties of probation officers.

260.

Interference with supervisor.

261.

Powers of Garda Síochána.

262.

Delegation by Director of the Probation and Welfare Service.

263.

Temporary accommodation of children.

264.

Research.

265.

Right of appeal.

266.

Amendment of section 5 of Criminal Law (Rape) Act, 1981.

267.

Amendment of sections 17(2) and 59 of Act of 1991.

268.

Children in care of health board.

269.

Presumption and determination of age.

270.

Safety of children at entertainments.

271.

Exclusion of members of Defence Forces.

SCHEDULE 1

Offences Against Children

SCHEDULE 2

Enactments Repealed


Acts Referred to

Adoption Acts, 1952 to 1998

Bail Act, 1997

1997, No. 16

Child Care Act, 1991

1991, No. 17

Children Act, 1908

1908, c. 67

Children Act, 1941

1941, No. 12

Children Act (1908) Amendment Act, 1910

1910, c. 25

Children Acts, 1908 to 1989

Children (Amendment) Act, 1949

1949, No. 6

Children (Amendment) Act, 1957

1957, No. 28

Child Trafficking and Pornography Act, 1998

1998, No. 22

Civil Service Regulation Act, 1956

1956, No. 46

Courts (No. 3) Act, 1986

1986, No. 33

Courts of Justice Act, 1924

1924, No. 10

Criminal Evidence Act, 1992

1992, No. 12

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1993

1993, No. 6

Criminal Justice Act, 1999

1999, No. 10

Criminal Justice (Community Service) Act, 1983

1983, No. 23

Criminal Law Amendment Act, 1885

1885, c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) Act, 1981

1981, No. 10

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Procedure Act, 1967

1967, No. 12

Dangerous Performances Acts, 1879 and 1897

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1998

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Guardianship of Infants Act, 1964

1964, No. 7

Irish Reformatory Schools Act, 1868

1868, c. 59

Medical Practitioners Acts, 1978 to 2000

Mental Treatment Acts, 1945 to 1966

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21

Non-Fatal Offences against the Person Act, 1997

1997, No. 26

Offences against the Person Act, 1861

1861, c. 100

Prevention of Crime Act, 1908

1908, c. 59

Prisons Act, 1970

1970, No. 11

Prisons Acts, 1826 to 1980

Probation of Offenders Act, 1907

1907, c. 17

Punishment of Incest Act, 1908

1908, c. 45

Summary Jurisdiction over Children (Ireland) Act, 1884

1884, c. 19

Vagrancy (Ireland) Act, 1847

1847, c. 84


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 31 March 2017


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [8 th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions in relation to Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

Establishment day

6. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

...

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82.

...

Children Act 2001

...

C2

Functions transferred and terms “Department of Health” and “Minister for Health” construed (1.10.2012) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.

...

2.— The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Health contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. —(1) The functions vested in the Minister for Health by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

C3

Functions in relation to Act transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1 Enactments

...

No. 24 of 2001

Children Act 2001

Sections 44(9), 171, 172, 173, 180(2), 181, 183(2), 186A(11), 238(4) and (5), 240 and 241

...

C4

Application of powers of District Court under Act in criminal proceedings relating to the protection of witnesses against intimidation extended (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 52(3)(a)(ii) and (10), commenced on enactment.

Taking of evidence.

52.— ...

(3) For the purposes of this section the nominated judge—

(a) shall have the powers of the District Court in criminal proceedings, including its powers— ...

(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,

...

(10) In subsection (3)(a)(ii) “enactment” includes the Criminal Law (Rape) Acts 1981 and 1990, Criminal Evidence Act 1992, Criminal Justice Act 1999 and Children Act 2001.

C5

Terms “Probation and Welfare Service,”“probation officer,”“welfare officer,”“probation and welfare officer” and “Director of the Probation and Welfare Service” construed (19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, commenced in accordance with s. 13(4).

References to Probation and Welfare Service, etc.

13.— (1) The officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known as the Probation and Welfare Service before the coming into operation of this section shall, on and after that date, be known as the Probation Service and, references in any enactment to the Probation and Welfare Service of that Department of State shall be construed accordingly.

(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—

(a) a probation officer,

(b) a welfare officer, or

(c) a probation and welfare officer, shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.

(3) A person appointed by the Minister to the post referred to before the coming into operation of this section as the Director of the Probation and Welfare Service shall, on and after that date, be referred to as the Director of the Probation Service and, references in any enactment to the Director of the Probation and Welfare Service shall be construed accordingly.

(4) This section shall be deemed to have come into operation on 19 May 2006.

C6

Children detention school under the Act specified as a prescribed person for the purposes of the Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), reg. 3 and sch. item 4.

3. The persons specified in the Schedule to this Order are prescribed for the purposes of section 40(4) of the Act of 2004.

SCHEDULE

Prescribed Persons

...

4. A children detention school under the Children Act 2001 (No. 24 of 2001).

...

C7

Application of collectively cited Child Care Acts 1991 and 2001 affected (23.12.2004) by Health Act 2004 (42/2004), s. 2 and sch. 1, S.I. No. 886 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Interpretation.

2.—(1) In this Act, unless the context otherwise requires— ...

“health and personal social services” means services that immediately before the establishment day were provided under the Acts referred to in Schedule 1 by a specified body as defined in section 56 of this Act, and references in this Act to a health or personal social service are to be read as references to any of those services;

...

SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

...

11. Child Care Acts 1991 and 2001

...

Editorial Notes:

E1

E2

Functions conferred on Health Information and Quality Authority include setting of standards on safety and quality in relation to services provided in accordance with the Act and collectively cited Child Care Acts 1991 and 2001 by the Health Service Executive, the Child and Family Agency or other service provider as provided by Health Act 2007, s. 8(1)(b), as substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2, S.I. No. 502 of 2013.

E3

Previous affecting provision: functions in relation to Act transferred to the Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5; superseded (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

PART 1

Preliminary

Short title and collective citation.

1

1.—(1) This Act may be cited as the Children Act, 2001.

(2) Part 2, section 267 and the Child Care Act, 1991, may be cited together as the Child Care Acts, 1991 and 2001.

Commencement.

2

2.—(1) This Act shall, subject to subsection (2), come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(2) ( a)   Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions.

1 [ ( aa ) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006. ]

( b)   Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint.

( c) 1 [ ]

( d)   Part 10 shall come into operation on such day or days as, by order or orders made by the Minister 1 [ ], may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

( e)   Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

1 [ ( f ) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint. ]

Annotations:

Amendments:

Editorial Notes:

E4

Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007).

2. The 23rd day of July 2007 is appointed as the day on which the Children Act 2001 (No. 24 of 2001) shall, in so far as it is not already in operation, come into operation.

E5

Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007).

2. The 23rd day of July 2007 is fixed as the day on which Part 2 (in so far as it is not already in operation) of the Children Act 2001 (No. 24 of 2001) shall come into operation.

E6

Power pursuant to section exercised (1.03.2007) by Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007).

2. The 1st day of March 2007 is fixed as the day which the Children Act 2001 (No. 24 of 2001), other than -

(a) section 7(1)(a),

(b) section 10(2),

(c) section 13(2),

(d) section 16, in so far as it relates to the insertion of section 23D of the Child Care Act 1991 (No. 17 of 1991), and

(e) section 77,

shall, in so far as not already in operation, come into operation.

E7

E8

Power pursuant to section exercised (23.09.2004) by Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004).

2. The 23rd day of September 2004 is fixed as the day on which Parts 2 (other than sections 7(1)(a), 10(2) and 13(2)) and 3 (other than section 23D) of the Children Act 2001 (No. 24 of 2001) come into operation.

E9

Power pursuant to section exercised (29.07.2004) by Children Act 2001 (Commencement) Order 2004, S.I. No. 468 of 2004.

2. The 29th day of July 2004 is fixed as the day on which the following provisions of the Children Act 2001 (No. 24 of 2001) come into operation:

(a) Part 1 (other than section 5), sections 78 to 87, 267(2) and 268, and

(b) section 5, and Schedule 2, in so far as they relate to the provisions specified in the third column of the Schedule to this Order.

E10

Power pursuant to section exercised (7.11.2003) by Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003, S.I. No. 741 of 2003.

3. The 7th day of November 2003 is fixed as the day on which section 159(1) of the Act of 2001 comes into operation with reference to section 230(3)(a) of the Act of 2001 and to that particular provision only.

E11

Power pursuant to section exercised (7.11.2003) by Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003).

2. The 7th day of November 2003 is appointed as the day on which Part 11 of the Children Act 2001 (No. 24 of 2001) comes into operation.

E12

Power pursuant to section exercised (1.05.2002) by Children Act 2001 (Commencement) Order 2002, S.I. No. 151 of 2002.

2. The 1st day of May, 2002, is fixed as the day on which the Act shall come into operation with reference to the following provisions and purposes:

(a) sections 3, 4 and 6, in so far as their commencement is necessary for the purposes of the other provisions which are being brought into operation, either generally or with reference to any particular purpose, by this order,

(b) Parts 4, 6, (excluding section 59 and section 61(1)(b) in so far as it relates to a representative of a health board) and 7,

(c) sections 89 to 92 and 94,

(d) section 93, in so far as it relates to proceedings before the Court against a child or in relation to a child under the provisions of Part 9 of the Act that are being brought into operation by this order,

(e) the definitions in section 95 of -

(i) “compensation order”,

(ii) “district”, for the purposes of sections 133 and 136, and

(iii) “district of residence” for the purposes of sections 134 and 136,

(f) section 97 and paragraphs (a), (b), (d) and (f) of section 98,

(g) section 98(g), in so far as it relates to an order under section 133,

(h) sections 108, 109 and 110 (except subsection (1)(b)(iii)),

(i) section 110(1)(b)(iii), in so far as it relates to an order under section 133,

(j) sections 113 and 114,

(k) section 115, in so far as it relates to paragraph (i),

(l) sections 116 (except subsection (1)(a)) and 117, in so far as they relate to an order under section 133,

(m) sections 133 to 135,

(n) section 136 (except the words “or another community sanction” in subsection (1)(a)(ii)),

(o) sections 138 to 140, in so far as they relate to an order under section 133,

(p) Part 12,

(q) sections 258, 260 (in so far as it refers to supervision by a juvenile liaison officer), 261 (in so far as it relates to an order under section 133), 264, 266, 267(1) and 269 to 271,

(r) Schedule 1,

(s) Schedule 2 -

(i) in so far as it relates to the following enactments:

Vagrancy (Ireland) Act 1847,

Offences against the Person Act 1861;

Children Act (1908) Amendment Act 1910,

Courts of Justice Act 1924,

Criminal Law Amendment Act 1935, and

(ii) for the purposes of the repeal of the following provisions of other enactments specified in the Schedule:

the unrepealed portions of Part II, and sections 94, 96, 98 to 101, 102(1), 102(2), 111, 113 to 115, 121 and 123, of the Children Act 1908,

sections 24, 26 and 27 of the Children Act 1941,

section 4 of the Children (Amendment) Act 1957.

Interpretation (general).

3

3.—(1) In this Act, unless the context otherwise requires—

“Act of 1907” means the Probation of Offenders Act, 1907;

“Act of 1951” means the Criminal Justice Act, 1951;

“Act of 1967” means the Criminal Procedure Act, 1967;

“Act of 1984” means the Criminal Justice Act, 1984;

“Act of 1991” means the Child Care Act, 1991;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80(1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

1 [ anti-social behaviour is to be construed in accordance with section 257A(2) ; ]

1 [ ]

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142 ;

“children detention school” means—

( a) any certified reformatory school or industrial school that becomes a children detention school by virtue of 1 [ section 159 , ]

1 [ (b) a place, school, premises or building designated as a children detention school pursuant to section 160 , or ]

1 [ (c) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015); ]

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115 ;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school 1 [ ];

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79 ;

“family welfare conference” means a conference convened by 1 [ the 1 [ Child and Family Agency ] ] pursuant to section 7 ;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;

“guardian” means—

( a) any legal guardian of a child,

( b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

( c) any person who has custody or care of a child by order of a court,

but does not include 1 [ the 1 [ Child and Family Agency ] ];

1 [ ]

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964 , or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

1 [ Minister when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs; ]

“parents”, in relation to a child, means—

( a) in case one parent has the sole custody, charge or care of the child, that parent,

( b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

( c) in any other case, both parents;

1 [ prescribed means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate; ]

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88 ;

1 [ ]

“school” means a children detention school;

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property 1 [ and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour ].

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of this Act—

( a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended,

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

( c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Annotations:

Amendments:

Modifications (not altering text):

C8

Prospective affecting provision: definition of “special care order” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 27, not commenced as of date of revision.

1 [ special care order has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ]

Editorial Notes:

E13

Previous affecting provision: definition of “children detention school”, para. (b) amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(b), S.I. No. 65 of 2007; superseded as per F-note above.

E14

Previous affecting provision: definition of “Minister” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(e), S.I. No. 65 of 2007; superseded as per F-note above.

E15

Previous affecting provision: definition of “prescribed” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(f), S.I. No. 65 of 2007; superseded as per F-note above.

Laying of regulations before Houses of Oireachtas.

4

4.—Every regulation made by the Minister 1 [ ] or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Amendments:

Repeals.

5

5.—(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act.

(2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister 1 [ ] or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

Annotations:

Amendments:

Expenses.

6

6.—Any expenses incurred by the Minister 1 [ ] or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Annotations:

Amendments:

PART 2

Family Welfare Conferences

Convening of family welfare conference.

7

7.—(1) Where—

( a) 1 [ the 1 [ Child and Family Agency ] ] receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or

(b) it appears 1 [ to the 1 [ Child and Family Agency ] that a child may require ] special care or protection which the child is unlikely to receive unless a court makes an order in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991, 1 [ the 1 [ Child and Family Agency ] shall ] appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

1 [ the 1 [ Child and Family Agency ] shall ] appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

(2) The coordinator shall act as chairperson of a family welfare conference.

(3) 1 [ The 1 [ Child and Family Agency ] ] may direct that a family welfare conference shall consider such matters in relation to the child as 1 [ the 1 [ Child and Family Agency ] ] considers appropriate.

Annotations:

Amendments:

Modifications (not altering text):

C9

Prospective affecting provision: subs. (1)(b) substituted by Child Care (Amendment) Act 2011 (19/2011), s. 28, not commenced as of date of revision.

7.—(1) ...

1 [ ( b ) a family welfare conference is to be convened pursuant to section 23F (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991, ]

C10

Prospective affecting provision: application of section extended by Child Care Act 1991 (17/1991), s. 23F(5), as substituted by Child Care (Amendment) Act 2011 (19/2011), s. 10, the latter not commenced as of date of revision.

Determination by Health Service Executive that child requires special care.

23F.— [ ...

(5) The Health Service Executive shall, subject to subsection (6), convene a family welfare conference in accordance with section 7 (as amended by the Child Care (Amendment) Act 2011) of the Act of 2001 if it is satisfied that there is reasonable cause to believe that the child requires special care, after having carried out the consultations in accordance with subsection (3) or not carried them out in accordance with subsection (4). ]

Functions of conference.

8

8.—(1) A family welfare conference shall—

(a) decide if a child in respect of whom the conference is being convened is in need of special care or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

(b) if it decides that the child is in such need, recommend to the 1 [ 1 [ Child and Family Agency ] ] that it should apply for an order under that Part, and

(c) if it does not so decide, make such recommendations to the 1 [ 1 [ Child and Family Agency ] ] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the 1 [ 1 [ Child and Family Agency ] ] should apply for a care order or a supervision order under the Act of 1991 in respect of the child.

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person’s agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the 1 [ 1 [ Child and Family Agency ] ] for determination.

Annotations:

Amendments:

Modifications (not altering text):

C11

Prospective affecting provision: subs. (1) amended by Child Care (Amendment) Act 2011 (19/2011), s. 29, not commenced as of date of revision.

8.—(1) 1 [ A family welfare conference ]

( a) 1 [ referred to in section 7(1)(b) , shall consider whether ] a child in respect of whom the conference is being convened 1 [ requires ] special care 1 [ under Part IVA (as amended by the Child Care (Amendment) Act 2011) ] of the Act of 1991,

( b) 1 [ referred to in section 7(1)(b) , shall, if it is considered that the child requires special care ], recommend to the 1 [ 1 [ Child and Family Agency ] ] that it should apply for 1 [ a special care order, ]

( c) 1 [ referred to in section 7(1)(a) shall, ], make such recommendations to the 1 [ 1 [ Child and Family Agency ] ] concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the 1 [ 1 [ Child and Family Agency ] ] should apply for 1 [ a care order, a supervision order, a special care order or other care ] under the Act of 1991 1 [ in respect of the child, and ]

1 [ ( d ) referred to in section 7(1)(b) shall, if it is considered that the child does not require special care, make such recommendations to the 1 [ Child and Family Agency ] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991. ]

C12

Application of section extended (4.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004), regs. 25(2)(n) and 26(9), the latter as amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(2) and sch. part 2 item 3(b), S.I. No. 509 of 2007 .

CASE RECORD

25. ...

(2) A case record of a child kept by a health board in accordance with this regulation shall include, in so far as is reasonably practicable the following information and documents— ...

(n) a copy of any recommendations made by a family welfare conference, in accordance with section 8 of the Act of 2001, made in respect of the child,

...

CARE PLAN

26. ...

(9) A plan prepared under this regulation shall, in so far as is reasonably practicable, be consistent with any recommendations made by a family welfare conference in accordance with section 8 of the Act of 2001 and shall have due regard to any views given by the [Children Acts Advisory Board ] in accordance with section 227(1)(e) of the Act of 2001.

...

Editorial Notes:

E16

Subs. (1)(d) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 2 item 1, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. Para. (d) is part of subs. (1) substituted by Child Care (Amendment) Act 2011, s. 29(a)-(d), not commenced as of date of revision, and is therefore a prospective affecting provision, see C-note above.

Persons entitled to attend conference.

9

9.—(1) The following persons shall be entitled to attend a family welfare conference—

( a) the child in respect of whom the conference is being convened,

( b) the parents or guardian of the child,

( c) any guardian ad litem appointed for the child,

( d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child’s parents or guardian,

1 [ ( e ) an employee or employees of the 1 [ Child and Family Agency ] ; ]

( f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person’s knowledge of the child or the child’s family or because of his or her particular expertise.

(2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference.

(3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend.

(4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings.

Annotations:

Amendments:

Procedure at conference.

10

10.—(1) Subject to the provisions of this Part or any regulations under section 15 , a family welfare conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to any direction of the Children Court pursuant to section 77 , a family welfare conference may be adjourned to a time and place to be determined by it.

(3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Annotations:

Amendments:

Modifications (not altering text):

C13

Subs. (4) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 30, not commenced as of date of revision.

1 [ (4) The procedure referred to in subsection (1) shall

( a ) be consistent with fairness and natural justice, and

( b ) include a procedure for consulting with the child and for ascertaining the wishes of the child in respect of whom the conference, referred to in subsection (1), has been convened. ]

Administrative services.

11

11.1 [ The 1 [ Child and Family Agency ] ] shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

Annotations:

Amendments:

Notification of recommendations of conference.

12

12.—The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference:

( a) the child in respect of whom the conference was convened,

( b) the parents or guardian of the child,

( c) any guardian ad litem appointed for the child,

( d) any other persons who attended the conference,

1 [ ( e ) the 1 [ Child and Family Agency ] ; ]

( f) if the child was referred to the 1 [ 1 [ Child and Family Agency ] ] by another body, that body, and

( g) any other body or persons who should, in the coordinator’s opinion, be so notified.

Annotations:

Amendments:

Action by health board on recommendations.

13

13.—(1) On receipt of the recommendations of a family welfare conference, the 1 [ 1 [ Child and Family Agency ] ] may—

( a) apply for an order under Part IVA (inserted by this Act) of the Act of 1991,

( b) apply for a care order or a supervision order under that Act, or

( c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

(2) Where a family welfare conference has been convened following a direction of the Children Court under section 77, the 1 [ 1 [ Child and Family Agency ] ] shall communicate with that Court in accordance with subsection (2) of that section.

Annotations:

Amendments:

Modifications (not altering text):

C14

Subs. (1)(a) deleted by Child Care (Amendment) Act 2011 (19/2011), s. 31, not commenced as of date of revision.

13.—(1) On receipt of the recommendations of a family welfare conference, the 1 [ 1 [ Child and Family Agency ] ] may—

( a) 1 [ ]

Privilege.

14

14.—(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference.

(3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

Regulations.

15

15.—The Minister for Health and Children may make regulations prescribing any or all of the following matters:

( a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator,

( b) subject to section 9, the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and

( c) the arrangements for notifying any other body or person of any recommendations of such a conference,

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

Annotations:

Editorial Notes:

E17

Power pursuant to section exercised (24.09.2004) by Children (Family Welfare Conference) Regulations 2004 (S.I. No. 549 of 2004).

1 [ Transitional provisions relating to Health Act 2004.

15A.

15A. (1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004.

(2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the 1 [ Child and Family Agency ] , the conference shall be deemed to have been convened on behalf of the Executive.

(3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the 1 [ Child and Family Agency ] , the direction shall be deemed to have been given to the Executive.

(4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the 1 [ Child and Family Agency ] , the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Executive. ]

Annotations:

Amendments:

15B

1 [ Transitional provisions relating to the Child and Family Agency Act 2013

15B. (1) In this section, a reference to a provision of this Act is to that provision as it was before it was amended by the Child and Family Agency Act 2013.

(2) Where a family welfare conference convened under section 7 on behalf of the Health Service Executive has not discharged its functions before the establishment day of the Child and Family Agency, the conference shall be deemed to have been convened by or on behalf of the Agency.

(3) Where a direction given by the Health Service Executive under section 7(3) to a family welfare conference is not complied with before the establishment day of the Child and Family Agency, the direction shall be deemed to have been given by the Agency.

(4) Where a recommendation has been made or a matter has been referred to the Health Service Executive by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Child and Family Agency, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Agency. ]

Annotations:

Amendments:

PART 3

Amendment of Act of 1991

Amendment (new Parts IVA and IVB) of Act of 1991.

16

16.—The Act of 1991 is hereby amended by the insertion of the following Parts after section 23:

“PART IVA

Children in need of Special Care or Protection

Duty of health board where child requires special care or protection.

23A.—(1) Where it appears to a health board with respect to a child who resides or is found in its area that the child requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either—

( a) an order under section 23B (in this Part referred to as a ‘special care order’), or

( b) an order under section 23C (in this Part referred to as an ‘interim special care order’),

it shall, subject to subsection (2), be the duty of the health board to apply for whichever of such orders is appropriate in the particular circumstances.

(2) Before applying for an order under this Part the health board shall—

( a) arrange for the convening of a family welfare conference (within the meaning of the Children Act, 2001) in respect of the child, and

( b) where, on the conclusion of the conference proceedings, it proposes to apply for a special care order in respect of the child, seek the views of the Special Residential Services Board established under section 226 of that Act on the proposal.

(3) Where a parent or guardian of a child requests a health board to apply for an order under this Part in respect of the child and the board decides not to do so, it shall inform the parent in writing of the reasons for its decision.

Special care order.

23B.—(1) A court may, on the application of a health board with respect to a child who is in its care or who resides or is found within its area and having taken into account the views of the Special Residential Services Board referred to in section 23A(2)( b), make a special care order in respect of the child if it is satisfied that—

( a) the behaviour of the child is such that it poses a real and substantial risk to his or her health,safety, development or welfare,and

( b) the child requires special care or protection which he or she is unlikely to receive unless the court makes such an order.

(2) A special care order shall commit the child to the care of the health board concerned for so long as the order remains in force and shall authorise it to provide appropriate care, education and treatment for the child and, for that purpose, to place and detain the child in a special care unit provided by or on behalf of the health board pursuant to section 23K.

(3) Where a child is detained in a special care unit pursuant to a special care order, the health board may take such steps as are reasonably necessary to prevent the child from—

( a) causing injury to himself or herself or to other persons in the unit, or

( b) absconding from the unit.

(4) ( a)  Subject to subsections (5) and (6), a special care order shall remain in force for a period to be specified in the order, being a period which is not less than 3 months or more than 6 months.

( b)  The court may, on the application of the health board concerned, extend the period of validity of a special care order if and so often as the court is satisfied that the grounds for making the order continue to exist with respect to the child concerned.

(5) If, while a special care order is in force in respect of a child, it appears to the health board concerned that the circumstances which led to the making of the order no longer exist with respect to the child, the board shall, as soon as practicable, apply to the court which made the order to have the order discharged.

(6) A special care order shall cease to have effect when the person in respect of whom it was made ceases to be a child.

(7) Where a special care order is in force, the health board may—

( a) as part of its programme for the care, education and treatment of the child, place the child on a temporary basis in such other accommodation as the board is empowered to provide for children in its care under section 36, or

( b) arrange for the temporary release of the child from the unit on health, education or compassionate grounds,

and any such placement or arrangement shall be subject to its control and supervision.

(8) Subject to this section, subsections (3), (4), (6), (7) and (8) of section 18 shall apply in relation to a special care order as they apply in relation to a care order, with any necessary modifications.

Interim special care order.

23C.—(1) Where a judge of the Children Court is satisfied on the application of a health board—

( a) that the health board is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child, and

( b) that there is reasonable cause to believe that—

(i) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and

(ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K,

the judge may make an interim special care order in respect of the child.

(2) An interim special care order shall require that the child named in the order be placed and detained in a special care unit—

( a) for a period not exceeding twenty-eight days, or

( b) where the health board and the parent having custody of the child or a person acting in loco parentis consent, for a period exceeding twenty-eight days,

and the judge concerned may be order extend any such period, on the application of any of the persons specified in paragraph ( b) and, where the period of the extension exceeds twenty-eight days, with the consent of those persons, if he or she is satisfied that the grounds for making the interim special care order continue to exist with respect to the child.

(3) An application for an interim special care order or for an extension of a period mentioned in subsection (2) shall be made on notice to a parent having custody of the child or a person acting in loco parentis or, where appropriate, to the health board concerned, except where, having regard to the welfare of the child, the judge otherwise directs.

(4) Subsections (3) to (7) of section 13 shall apply in relation to an interim special care order as they apply in relation to an emergency care order, with any necessary modifications.

Duty of Garda Síochána where child needs special care or protection.

23D.—

1 [ ]

Notification by health board.

23E.—(1) Where a child is placed in a special care unit pursuant to an interim special care order, the health board concerned shall as soon as possible inform or cause to be informed a parent having custody of the child or a person acting in loco parentis of the placement unless the parent or person is missing and cannot be found.

(2) For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in a special care unit if the person is given or shown a copy of the interim special care order or if the person was present at the sitting of the court at which the order was made.

Variation or discharge of special care orders.

23F.—(1) Without prejudice to section 23B(5), the court may, of its own motion or on the application of any person, vary or discharge a special care order.

(2) In discharging a special care order, the court may, of its own motion or on the application of a health board either—

( a) make a supervision order in respect of the child, or

( b) if the court is of opinion that—

(i) the child requires care and protection which he or she is unlikely to receive unless he or she remains in the care of the health board, or

(ii) the delivery or return of the child to a parent or any other person would not be in the best interests of the child,

make a care order in respect of the child.

Appeals.

23G.—Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV.

Powers of court in case of invalidity of order.

23H.—Section 23 shall apply to a special care order as it applies to a care order, with the modification that the court may, as an alternative to making a special care order, make a care order in respect of the child.

Application of Part V.

23I.—Part V shall apply to proceedings relating to an application for an interim special care order or a special care order, with any necessary modifications.

Application of Part VI.

23J.—Section 37, 42, 45 and 47 shall apply to a child who is committed to the care of a health board pursuant to an interim special care order or a special care order.

Provision of special care units by health boards.

23K.—(1) A health board may, with the approval of the Minister, for the purposes of section 23B and 23C—

( a) provide and maintain a special care unit, or

( b) make arrangements with a voluntary body or any other person for the provision and operation of such a unit by that body or person on behalf of the board.

(2) The Minister shall not approve of the provision of a special care unit unless—

( a) having caused the unit to be inspected by a person authorised in that behalf by the Minister, and

( b) having considered a report in writing of the inspection,

he or she is satisfied that the requirements of regulations under this section will be complied with by the health board, voluntary body or other person, as the case may be, in relation to the unit.

(3) The duration of an approval of a special care unit by the Minister shall be 3 years from the date of approval, and thereafter the Minister may renew the approval for a further period, or further periods, of the like duration.

(4) The Minister, on approving of a special care unit, shall cause a certificate to that effect to be issued to the health board concerned and the certificate shall without further proof, unless the contrary is shown, be admissible in any proceedings as evidence that the unit has been approved of by the Minister for the purposes of sections 23B and 23C.

(5) The Minister may cancel such a certificate if he or she is of opinion that the special care unit concerned is no longer suitable for use as such a unit or is no longer required for that purpose.

(6) The Minister shall make regulations with respect to the operation of special care units provided by or on behalf of health boards under this section and for securing the welfare of children detained therein.

(7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to—

( a) the maintenance, care and welfare of children while being detained in special care units,

( b) the staffing of those units,

( c) the physical standards in those units, including the provision of adequate and suitable accommodation and facilities,

( d) the periodical review of the cases of children in those units and the matters to be considered in such reviews,

( e) the records to be kept in those units and the examination and copying of any such records or of extracts therefrom by persons authorised in that behalf by the Minister, and

( f) the periodical inspection of those units by persons authorised in that behalf by—

(i) in case the units were provided under section 23K(1)( b) by a voluntary body or other person, the health board concerned, and

(ii) in any other case, the Minister n accordance with section 69.

(8) Section 10 shall apply in relation to arrangements made under subsection (1)( b), with any necessary modifications.

(9) Nothing in this section shall empower a health board to delegate to a voluntary body or any other person the power to apply for an order under section 23B or 23C.

(10) Where a child is detained in a special care unit provided under subsection (1)( b), the provisions of section 23B(3) shall apply in relation to the voluntary body or other person providing or operating the unit.

(11) Nothing in this section shall authorise the placing of a child in a special care unit otherwise than in accordance with an interim special care order or a special care order.

Recovery of absconding child.

23L.—Section 46 shall apply to the recovery of a child who absconds from a special care unit.

Amendment of section 4.

23M.—References in section 4 to Parts III, IV and VI shall be construed as including references to this Part.

Restriction.

23N.—A child on being found guilty of an offence may not be ordered to be placed or detained in a special care unit.

PART IVB

Private Foster Care

Definitions.

23O.—In this Part—

‘authorised officer’ means a person appointed by a health board under section 23S;

‘health board’ means the health board for the area in which a child resides before being placed under a private foster care arrangement and also, if the child, on or after being so placed, goes to reside in the area of another health board, that other health board;

‘private foster care arrangement’ means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child—

( a) is residing at a boarding school and receiving full-time education,

( b) is in an institution managed by or on behalf of a Minister of the Government or a health board,

( c) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness,

( d) is in an institution for the care and maintenance of children with a disability,

( e) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

( f) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001,

( g) is placed for adoption under the Adoption Acts, 1952 to 1998,

( h) is in the care of a health board,

( i) is on holidays for a continuous period not exceeding 42 days,

( j) is placed with a person or body for primarily educational purposes, or

( k) is placed with a friend of the child’s parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays;

‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person.

Notice of private foster care arrangement.

23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the health board in the manner specified in section 23Q not less than thirty days before the placement.

(2) Where a child is placed in a private foster care arrangement owing to an unforeseen emergency, both the person making the arrangement and the person undertaking it shall notify the health board in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement.

(3) Any person arranging or undertaking a private foster care arrangement on the commencement of this Part who has submitted to the health board before such commencement the information it requires in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).

Information to be submitted to relevant health board.

23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the health board in writing—

( a) the person’s name and address,

( b) the name, sex, date and place of birth and address of the child concerned,

( c) the name and address of the parent or guardian of the child,

( d) if the child’s residence is changed, the child’s new address,

( e) if the private foster care arrangement terminates, the reasons for its termination,

and any other information that the health board may consider necessary in relation to any persons involved in the arrangement.

(2) Any person arranging a private foster care arrangement shall submit to the relevant health board, in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that the health board may consider necessary.

Duty in respect of children in private foster care.

23R.—Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child’s welfare as the first and paramount consideration.

(2) Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned.

(3) Any person arranging such an arrangement shall make all reasonable enquiries to ensure that the person undertaking it is in a position to comply with subsection (2).

Authorised officers.

23S.—(1) A health board shall appoint such and so many of its officers as it thinks fit to be authorised officers for the purposes of this Part.

(2) Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification.

Inspection by authorised persons.

23T.—(1) Where the relevant health board has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing.

(2) A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the health board has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing.

(3) An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the child’s health, safety and welfare.

(4) An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection.

Institution of proceedings by health board.

23U.—If a health board believes—

( a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or

( b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned,

it may apply to the District Court for one of the following orders:

(i) that a supervision order under section 19 be made in respect of the child,

(ii) that the child be taken into the care of the health board under section 13, 17 or 18, or

(iii) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.

Restrictions on private foster care arrangements in certain cases.

23V.—(1) A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under the Adoption Acts, 1952 to 1998.

(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless—

( a) the child is eligible for adoption under the Adoption Acts, 1952 to 1998, and

( b) the relevant health board has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

(3) If a health board believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply to the District Court for an order either—

( a) that the child be taken into its care under section 13, 17 or 18, or

( b) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.

Offences.

23W.—(1) Any person—

( a) who while arranging or undertaking a private foster care arrangement does not notify the relevant health board under section 23P,

( b) who contravenes subsection (2) or (3) of section 23R,

( c) who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section,

( d) who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the relevant health board,

( e) who contravenes section 23V(1), or

( f) who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3),

is guilty of an offence and liable on summary conviction to a fine not exceeding £1,500.

(2) Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order.

Saver.

23X.—This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on a health board or a member of the Garda Síochána.”.

Annotations:

Amendments:

Editorial Notes:

E18

Child Care Act 1991 (17/1991), Part IVA, was subsequently amended by Child Care (Amendment) Act 2011, s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

E19

Child Care Act 1991 (17/1991), ss. 23A(2)(b) and 23B(1), were subsequently amended (23.07.2007) by Child Care (Amendment) Act 2007, s. 21 and sch. part 1, S.I. No. 509 of 2007.

PART 4

Diversion Programme

Introductory

Interpretation ( Part 4).

17

17.—(1) In this Part—

“caution” means either a formal caution or an informal caution, as appropriate;

“conference” has the meaning assigned to it by section 29 ;

“Director” means the member of the Garda Síochána assigned by the Commissioner pursuant to section 20 ;

“facilitator” has the meaning assigned to it by section 31(4) ;

“formal caution” and “informal caution” have the meanings assigned to them respectively by section 25(4) ;

“Programme” has the meaning assigned to it by section 18 .

(2) A reference in this Part to the parents or guardian, or a parent or guardian, of a child shall be construed, unless the context otherwise requires, as including an adult relative of the child with whom the child is for the time being residing or who, in the opinion of the juvenile liaison officer supervising the child, is exercising, or could exercise, a beneficial influence on the child.

18

1 [ Principle.

18. Unless the interests of society otherwise require and subject to this Part, any child who

( a ) has committed an offence, or

( b ) has behaved anti-socially,

and who accepts responsibility for his or her criminal or anti-social behaviour shall be considered for admission to a diversion programme (in this Part referred to as the Programme) having the objective set out in section 19 . ]

Annotations:

Amendments:

Objective of Programme.

19

19.1 [ (1) The objective of the Programme is to divert any child who accepts responsibility for his or her criminal or anti-social behaviour from committing further offences or engaging in further anti-social behaviour. ]

(2) The objective shall be achieved primarily by administering a caution to such a child and, where appropriate, by placing him or her under the supervision of a juvenile liaison officer and by convening a conference to be attended by the child, family members and other concerned persons.

Annotations:

Amendments:

Diversion Programme.

20

20.—(1) The Programme shall be carried on and managed, under the general superintendence and control of the Commissioner of the Garda Síochána, by a member of the Garda Síochána not below the rank of superintendent who shall be assigned for that purpose by the Commissioner and is referred to in this Part as the Director.

(2) The Commissioner may assign duties other than those relating to the Programme to the Director during his or her period of assignment as Director.

Temporary incapacity of Director.

21

21.—(1) Whenever it appears to the Commissioner that the Director is, through absence, ill-health or other sufficient cause, temporarily unable to act, the Commissioner may appoint a member of the Garda Síochána not below the rank of inspector to act as the Director for such period (not exceeding the duration of the incapacity) as the Commissioner thinks proper, and references to the Director in this Part shall include the member so acting.

(2) The Director may, in writing, delegate any of the functions assigned to the Director under this Part to a member of the Garda Síochána not below the rank of inspector and may revoke any such delegation, and references to the Director in this Part shall include any member to whom any such functions are for the time being so delegated.

Admission to Programme

Report on child to Director.

22

22.—Where criminal 1 [ or anti-social ] behaviour by a child comes to the notice of the Garda Síochána, the member of the Garda Síochána dealing with the child for that behaviour may prepare a report in the prescribed form as soon as practicable and submit it to the Director with a statement of any action that has been taken in relation to the child and a recommendation as to any further action, including admission to the Programme, that should, in the member’s opinion, be taken in the matter.

Annotations:

Amendments:

Admission to Programme.

23

23.—(1) 1 [ Subject to subsection (6) , a child ] may be admitted to the Programme if he or she—

( a) accepts responsibility for his or her criminal 1 [ or anti-social ] behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,

( b) consents to be cautioned and, where appropriate, to be supervised by a juvenile liaison officer, and

( c) 1 [ is 10 years of age or over that age ] and under 18 years of age,

but paragraph (b) shall not apply where the Director is satisfied that the failure to agree to being cautioned or supervised is attributable to undue pressure being brought to bear on the child by any person and, in that event, the child shall be deemed to have consented for the purposes of that paragraph.

(2) The Director shall be satisfied that the admission of the child to the Programme would be appropriate, in the best interests of the child and not inconsistent with the interests of society and any victim.

(3) The criminal behaviour for which the child has accepted responsibility shall not be behaviour in respect of which admission to the Programme is excluded under any regulations made pursuant to section 47, unless the Director of Public Prosecutions directs otherwise in a notification to the Director.

(4) When the admission of a child to the Programme is being considered any views expressed by any victim in relation to the child’s criminal 1 [ or anti-social ] behaviour shall be given due consideration but the consent of the victim shall not be obligatory for such admission.

(5) For the purposes of subsection (1)(c), the age for admission to the Programme shall be the age of the child on the date on which the criminal 1 [ or anti-social ] behaviour took place.

1 [ (6) Notwithstanding subsection (1) , a child aged 10 or 11 years shall be admitted to the Programme if

( a ) he or she accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, and

( b ) subsections (2) to (5) apply in relation to the child. ]

Annotations:

Amendments:

Decision to admit to Programme.

24

24.—(1) It shall be a function of the Director to decide whether to admit a child to the Programme and the category of caution to be administered to any child so admitted.

(2) Where the Director decides that a child should be admitted to the Programme, he or she shall direct a juvenile liaison officer to give notice in writing to the parents or guardian of the child specifying the criminal 1 [ or anti-social ] behaviour in respect of which a caution is to be administered, whether the caution is to be formal or informal and the time and place where it is to be administered and stating that the parents or guardian are obliged to attend its administration.

(3) Every such notice shall be expressed in language designed to be understood by the parents or guardian of the child and shall be available in the Irish language to a child who is from a Gaeltacht area or whose first language is Irish.

Annotations:

Amendments:

Administration of cautions

Cautions.

25

25.—(1) A caution shall be administered to every child admitted to the Programme.

(2) A formal caution shall be administered in a Garda Síochána station or, in exceptional circumstances, elsewhere by—

( a) a member of the Garda Síochána not below the rank of inspector, or

( b) a juvenile liaison officer who has been trained in mediation skills,

in the presence of the parents or guardian and, if the caution has been administered by such a member of the Garda Síochána, a juvenile liaison officer.

(3) An informal caution shall be administered by a juvenile liaison officer in a Garda Síochána station, in the child’s normal place of residence or in exceptional circumstances elsewhere, in the presence of the parents of guardian of the child.

(4) In this section—

“formal caution” means a caution to be administered to a child where—

( a) no previous caution has been administered, or

( b) one or more than one informal or formal caution has been previously administered,

and the Director considers that the child’s criminal 1 [ or anti-social ] behaviour was of such a nature that it could not be adequately dealt with by way of informal caution;

“informal caution” means a caution to be administered to a child where—

( a) no previous caution has been administered, or

( b) one or more than one informal caution has been previously administered,

and the Director considers that the child’s criminal 1 [ or anti-social ] behaviour was not sufficiently serious to warrant a formal caution.

Annotations:

Amendments:

Presence of victim at formal caution.

26

26.—(1) The Director may invite any victim whose views in relation to the child’s criminal 1 [ or anti-social ] behaviour have been considered pursuant to section 23(4) to be present at the administration of a formal caution.

(2) Where any victim is so present, there shall be a discussion among those present about the child’s criminal 1 [ or anti-social ] behaviour.

(3) The member of the Garda Síochána administering the formal caution may invite the child—

( a) to apologise, whether orally or in writing or both, to the victim, and

( b) where appropriate, to make financial or other reparation to him or her.

Annotations:

Amendments:

Supervision of children admitted to Programme

Supervision.

27

27.—(1) ( a) Subject to paragraph (d), where a child has received a formal caution he or she shall be placed by the Director under the supervision of a juvenile liaison officer for a period of 12 months from the date of the administration of the caution.

( b) Subject to paragraph (c), where a child has received an informal caution he or she shall not be placed under the supervision of a juvenile liaison officer.

( c) Subject to paragraph (d), in exceptional circumstances, a child who has received an informal caution may be placed by the Director under the supervision of a juvenile liaison officer for a period of 6 months from the date of the administration of the caution.

( d) The periods referred to in paragraphs (a) and (c) may be varied by the Director in a manner consistent with any regulations under section 47 or pursuant to any recommendation arising from a conference.

(2) Where a child who is placed under the supervision of a juvenile liaison officer is subsequently found guilty of an offence the period of supervision shall terminate forthwith, if it has not terminated at the time of the finding of guilt.

Level of supervision.

28

28.—(1) The level of supervision to be applied in the case of any child shall, subject to section 42(1) , be determined by the juvenile liaison officer who is supervising the child.

(2) The juvenile liaison officer shall have regard to the following matters when making a determination under subsection (1)

( a) the seriousness of the child’s criminal 1 [ or anti-social ] behaviour,

( b) the level of support given to, and the level of control of, the child by the child’s parents or guardian,

( c) the likelihood, in the opinion of the juvenile liaison officer, of the child’s committing further offences 1 [ or engaging in further anti-social behaviour ], and

( d) any directions from the Director on the appropriate level of supervision in any case or in any case of a particular class.

Annotations:

Amendments:

Holding of conference in respect of child

“Conference”.

29

29.—In this Part “conference”, in relation to a child, means a meeting held pursuant to this Part of persons concerned with the child’s welfare, and such a conference shall have the following functions:

( a) to bring together the child in respect of whom the conference is being held, his or her parents or guardian, such other family members, relatives and other persons as appropriate and the facilitator with a view to—

(i) establishing why the child became involved in the behaviour that gave rise to his or her admission to the Programme,

(ii) discussing how the parents or guardian, family members, relatives or any other person could help to prevent the child from becoming involved in further such behaviour, and

(iii) where appropriate, reviewing the child’s behaviour since his or her admission to the Programme;

( b) as appropriate and in accordance with this Part, to mediate between the child and the victim;

( c) to formulate an action plan for the child; and

( d) to uphold the concerns of the victim and have due regard to his or her interests.

Recommendation that conference be held.

30

30.—(1) Where a child is placed under the supervision of a juvenile liaison officer, that officer may, if he or she so thinks proper, recommend in a written report to the Director that a conference be held in respect of the child.

(2) Without prejudice to any decision of the Director in a particular case, the agreement of a child’s parent or guardian shall be required for, and the views of the child shall be ascertained on, the holding of a conference.

(3) ( a)  The juvenile liaison officer shall ascertain the views of any victim of the child’s criminal 1 [ or anti-social ] behaviour as to the possibility of a conference being held and as to whether the victim would be agreeable to attend any such conference.

( b)  Where the victim is a child, the juvenile liaison officer shall have regard to his or her best interests and shall also, where practicable, ascertain whether his or her parents or guardian would be agreeable that a conference be held and would attend it.

(4) The juvenile liaison officer shall, when he or she decides to make a recommendation pursuant to subsection (1), explain to the child concerned, and to his or her parent or guardian, the procedures and functions of a conference.

Annotations:

Amendments:

Decision on holding conference.

31

31.—(1) The Director, on receipt of a report pursuant to section 30 from a juvenile liaison officer, shall, having regard to subsection (2) and (3), decide whether or not a conference should be held.

(2) In deciding whether a conference should be held the Director shall have regard to—

( a) the report and recommendation of the juvenile liaison officer supervising the child concerned,

( b) whether in the Director’s opinion a conference would be of assistance in preventing the commission by the child of further offences 1 [ or further criminal or anti-social behaviour by the child ],

( c) the role and responsibilities of the child’s parents or guardian and relatives,

( d) the views, if any, of the victim,

( e) whether the victim would attend the conference and, where the victim is a child, whether such attendance would be in his or her best interests,

( f) the interests of the community in which the child resides, and

( g) any other matter which the Director considers to be relevant.

(3) A conference shall not be held unless the child and the child’s parents or guardian indicate that they will attend it.

(4) ( a)  Where the Director decides that a conference should be held, he or she shall appoint a person (in this Part referred to as a “facilitator”) to convene the conference and a person to be its chairperson.

( b)  The facilitator shall be either the juvenile liaison officer supervising the child or another member of the Garda Síochána.

( c)  The chairperson shall be the facilitator, another member of the Garda Síochána or another person, with that other person’s agreement.

(5) In any case where the Director decides that a conference should not be held he or she shall direct the juvenile liaison officer supervising the child to inform the child and the child’s parent or guardian accordingly.

Annotations:

Amendments:

Persons entitled to attend conference.

32

32.—(1) The following persons shall be entitled to attend a conference:

( a) the child in respect of whom the conference is being held,

( b) the parents or guardian of the child and members of the child’s family or relatives of the child, if the facilitator is of opinion that they or any one of them would make a positive contribution to it.

(2) A conference shall not be held unless at least one person invited by virtue of subsection (1)(b) is in attendance.

(3) The facilitator shall invite any other persons who in his or her opinion would make a positive contribution to the conference, including one or more representatives from any of the following bodies:

1 [ ( a ) the 1 [ Child and Family Agency ] ; ]

( b) the probation and welfare service,

( c) the school attended by the child,

( d) the school attendance service,

( e) the Garda Síochána.

(4) The facilitator shall also invite to the conference any victim of the child’s criminal 1 [ or anti-social ] behaviour and any relatives or friends of the victim whom the victim requests to have in attendance, unless the facilitator is of opinion that their attendance would not be in the best interests of the conference.

(5) The facilitator may invite to the conference any other person requested by the child or the child’s family who in the facilitator’s opinion would be of benefit to the conference and, with the agreement of the persons attending the conference and the Director, any person engaged in carrying out research on or evaluation of conferences or their equivalent inside or outside the State.

(6) If, in the course of a conference, the facilitator is of opinion that the continued presence of any person is not in the best interests of the conference or the child, the facilitator may exclude that person from further participation in the conference.

(7) A person shall not disclose confidential information obtained by him or her while participating (or as a result of having participated) as a member of a conference.

(8) A person who contravenes subsection (7) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(9) In this section “confidential” means that which is expressed to be confidential either as regards particular information or information of a particular class or description.

Annotations:

Amendments:

Location of conference.

33

33.—The decision on where to hold a conference shall be made by the facilitator after hearing the views in that regard of the persons who are to attend it.

Time limit for holding conference.

34

34.—(1) A conference shall be held within the period during which the child concerned is under the supervision of a juvenile liaison officer.

(2) A conference may be held on more than one occasion but, subject to section 39(10) , not outside the period referred to in subsection (1) .

Notification to participants.

35

35.—(1) The facilitator shall take all reasonable steps to ensure that notice of the time, date and place of the conference is given to every person who is entitled or has been invited to attend and has indicated a willingness to attend or an interest in attending.

(2) Failure to notify any person entitled or invited to attend a conference or failure of any person so invited to attend it shall not of itself affect the validity of its proceedings unless the facilitator is of opinion that any such failure is likely to affect materially the outcome of the conference.

Views of those unable or unwilling to attend conference.

36

36.—The facilitator shall take all reasonable steps to ascertain the views, if any, of any person who has been invited to attend the conference concerned but has notified the facilitator that he or she is, for any reason, unable or unwilling to do so and shall ensure that any views so ascertained are made known at the conference.

Procedure at conference.

37

37.—(1) Subject to the provisions of this Part and any regulations under section 47, a conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to sections 33, 34 and 39(10), a conference may be adjourned to a time and place to be determined by it.

(3) The facilitator shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Period or level of supervision.

38

38.—A conference shall consider whether the period or level of supervision of the child in respect of whom the conference is being held should be varied in the light of the following matters:

( a) the circumstances of the child as respects education, training or employment,

( b) the child’s leisure time activities,

( c) the child’s relationship with his or her family and the local community,

( d) the child’s attitude to his or her being supervised,

( e) the child’s progress under the supervision,

( f) the child’s attitude to his or her criminal 1 [ or anti-social ] behaviour and, in particular, to the victim of that behaviour, whether or not the victim is present at the conference, and

( g) any other matters that may be relevant in the particular case.

Annotations:

Amendments:

Action plan.

39

39.—(1) The parents or guardian of a child, when present at a conference in respect of the child (or in their absence a member of the child’s family or a relative of the child), and the child may, with the assistance of the other persons present at the conference, formulate an action plan for the child.

(2) Any such action plan shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the facilitator as unreasonable, in which case that person’s agreement to the plan shall not be necessary.

(3) An action plan may include provision for any one or more of the following matters:

( a) an apology, whether orally or in writing or both, by the child to any victim,

( b) financial or other reparation to any victim,

( c) participation by the child in an appropriate sporting or recreational activity,

( d) attendance of the child at a school or place of work,

( e) participation by the child in an appropriate training or educational course or a programme that does not interfere with any work or school schedule of the child,

( f) the child being at home at specified times,

( g) the child staying away from specified places or a specified person or both,

( h) taking initiatives within the child’s family and community that might help to prevent the commission by the child of further offences 1 [ or further criminal or anti-social behaviour by the child ], and

( i) any other matter that in the opinion of those present at the conference would be in the child’s best interests or would make the child more aware of the consequences of his or her criminal 1 [ or anti-social ] behaviour.

(4) When the action plan and its duration have been agreed, the facilitator shall produce a written record of the plan in language that can be understood by the child.

(5) The action plan shall be signed by the child (where possible), the chairperson and one of the other persons present.

(6) The action plan shall come into operation on the date it is signed.

(7) A copy of the action plan shall be given or sent to the child by the chairperson.

(8) Those present at the conference may appoint one or more of their number to implement the action plan and monitor compliance with it.

(9) The chairperson shall, after consulting the other persons present, appoint a date, being a date after the period covered by the action plan has expired, for reconvening the conference to review compliance with the action plan.

(10) The reconvened conference shall be held not more than 6 months from the date on which the action plan was signed and may be held outside the period of the child’s supervision by a juvenile liaison officer.

(11) The chairperson may reconvene the conference at an earlier date than that appointed under subsection (9) if it comes to his or her notice that the child is not complying with any of the terms of the action plan.

(12) The persons present at any conference reconvened pursuant to subsection (11) shall ascertain why the child is not complying with the action plan and shall encourage the child to comply with the plan or any amended version of it that they may agree upon.

(13) The provisions of subsections (4) to (7) shall apply to any action plan amended in accordance with subsection (12).

(14) Subject to subsection (10), a conference may be reconvened on any number of occasions to discuss any aspect of an action plan.

(15) Nothing in this section shall prevent any person or persons who implemented, and monitored compliance with, the action plan from continuing, with the agreement of the child, to implement and monitor compliance with the plan after the period covered by it has expired and it has been reviewed at a reconvened conference.

Annotations:

Amendments:

Disagreement on action plan.

40

40.—Failure to agree on the terms of an action plan shall not invalidate the proceedings of a conference.

Report to Director.

41

41.—As soon as practicable after a conference has been held the facilitator shall report to the Director on the following matters:

( a) the terms of any action plan,

( b) the matters discussed at the conference.

( c) the views of those present, and

( d) any views ascertained pursuant to section 36,

and shall recommend, having had regard to the views referred to in paragraphs (c) and (d), whether in his or her opinion the period and level of supervision of the child concerned should be varied and, if so, to what extent.

Decision by Director on period or level of supervision.

42

42.—(1) On receipt of a report submitted pursuant to section 41, the Director shall, where appropriate, decide whether the child’s period or level of supervision should be varied and, if so, to what extent.

(2) Where the Director makes a decision pursuant to subsection (1) , he or she shall inform the juvenile liaison officer supervising the child accordingly and that officer shall so inform the child and the child’s parent or guardian as soon as practicable.

Administrative services.

43

43.—The Director shall provide such administrative services as may be necessary to enable a conference to discharge its functions.

Committee to monitor effectiveness of Programme

Review of effectiveness of Programme.

44

44.—(1) The Minister shall appoint a committee to monitor the effectiveness of the Programme, review all aspects of its operation and monitor the ongoing training needs of facilitators.

(2) The chairperson of the committee shall be an Assistant Commissioner of the Garda Síochána and it shall have 3 other members, of whom one shall be a chief superintendent of the Garda Síochána and the remaining two shall not be members of the Garda Síochána.

(3) The Minister shall consult with the Commissioner in relation to the appointment of members of the Garda Síochána to the committee.

(4) The committee shall have access to and may examine any documents relating to the operation of the Programme and may discuss any aspect of it with the Director and any other person concerned with its operation.

(5) The chairperson and other members of the committee shall be appointed for a term of 4 years and shall be eligible for reappointment.

(6) The committee shall make annually, by such date as the Minister may direct, a report to the Commissioner on its activities during the year and the Commissioner shall, as soon as may be, submit the report to the Minister.

(7) A copy of each such report shall be laid before each House of the Oireachtas by the Minister.

(8) Before laying a report before each House of the Oireachtas pursuant to subsection (7) the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

(9) The terms and conditions of appointment of members of the committee and of any of their allowances or expenses shall be such as may be determined by the Minister with, in the case of any allowances or expenses, the consent of the Minister for Finance.

(10) Subject to the Freedom of Information Act, 1997, a person shall not disclose confidential information obtained by him or her while serving (or as a result of having served) as a member of the committee.

(11) A person who contravenes subsection (10) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(12) In this section “confidential” means that which is expressed to be confidential either as regards particular information or information of a particular class or description.

Vacancies in committee.

45

45.—(1) Whenever a vacancy occurs in the membership of the committee appointed under section 44 for any reason, the Commissioner shall notify the Minister of the vacancy and the Minister shall, as soon as may be, appoint a person to fill the vacancy.

(2) Any person so appointed shall be appointed for the residue of the term of the person whom he or she replaces and shall be eligible for reappointment.

(3) If the vacancy occurs in relation to one of the members of the Garda Síochána on the committee, the Minister shall, after consultation with the Commissioner, appoint a member to fill the vacancy who is of the same rank as the member whom he or she replaces.

Other matters relating to the Programme

Supplemental provisions.

46

46.—(1) The Commissioner shall ensure that all members of the Garda Síochána who act as facilitators receive whatever training the Commissioner considers sufficient and appropriate for the proper and efficient discharge of their duties while they are acting in that capacity.

(2) Any powers conferred by this Part or any regulations under it on or in relation to any member of the Garda Síochána are without prejudice to any other powers which the member may have in relation to the commission or suspected commission of an offence.

(3) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or the admissibility in evidence of any statement made by such a child.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall render the member liable to disciplinary proceedings.

Regulations ( Part 4 ).

47

47.—The Minister may make regulations prescribing—

( a) the procedures to be followed when the Director is deciding—

(i) whether or not a child should be admitted to the Programme,

(ii) whether an informal or a formal caution should be administered to a child,

(iii) whether the victim should be invited to the administration of a formal caution,

(iv) whether to convene a conference in respect of any child who has been placed under supervision;

( b) the level of supervision appropriate in any case or class of case;

( c) any criminal behaviour of a serious nature in respect of which admission to the Programme shall be excluded; or

( d) any other matter or thing which is referred to in this Part as prescribed;

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

48

1 [ Inadmissibility of certain evidence.

48. (1) Subject to subsection (2) , no evidence shall be admissible in any court in respect of

( a ) any acceptance by a child of responsibility for criminal or anti-social behaviour in respect of which the child has been admitted to the Programme,

( b ) that behaviour, or

( c ) the child s involvement in the Programme.

(2) Where a court is considering the sentence (if any) to be imposed in respect of an offence committed by a child after the child s admission to the Programme, the prosecution may inform it of any of the matters referred to in subsection (1) .

(3) Subsection (2) applies, with the necessary modifications, in relation to a child who has attained the age of 18 years. ]

Annotations:

Amendments:

49

1 [ Bar to proceedings.

49. (1) A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme.

(2) A child who has been admitted to the Programme in respect of anti-social behaviour shall not be the subject of an application for an order under section 257D in relation to any such behaviour which occurred prior to such admission. ]

Annotations:

Amendments:

Privilege.

50

50.—No evidence shall be admissible in any court of any information, statement or admission disclosed or made only in the course of a conference or of the contents of any report of a conference.

Protection of identity of children

51

51.—(1) Subject to subsection (2), no report shall be published or included in a broadcast—

( a) in relation to the admission of a child to the Programme or the proceedings at any conference relating to the child, including the contents of any action plan for the child and of the report of the conference, or

( b) which reveals the name, address or school of the child or any other information, including any picture, which is likely to lead to identification of the child.

(2) Subsection (1) does not apply to the publication or broadcast of—

( a) statistical information relating to the Programme, and

( b) the results of any bona fide research relating to it.

(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

( a) in the case of publication of the matter in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

( b) in the case of any other such publication, the person who publishes it, and

( c) in the case of any such broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years or both.

(4) ( a)  Where an offence under subsection (3)

(i) has been committed by a body corporate, and

(ii) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity,

he or she as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

( b)  Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

(5) Where a person is charged with an offence under subsection (3), it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of a matter referred to in subsection (1).

(6) In this section—

“broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“publish” means publish to the public or a section of the public, and cognate words shall be construed accordingly.

PART 5

1 [ Restriction on Criminal Proceedings Against Certain Children ]

Annotations:

Amendments:

52

1 [ Restriction on criminal proceedings against children.

52. (1) Subject to subsection (2) , a child under 12 years of age shall not be charged with an offence.

(2) Subsection (1) does not apply to a child aged 10 or 11 years who is charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault.

(3) The rebuttable presumption under any rule of law, namely, that a child who is not less than 7 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong, is abolished.

(4) Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions. ]

Annotations:

Amendments:

Modifications (not altering text):

C15

Application of section restricted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35/2011), s. 2(8)(b), S.I. No. 2 of 2012.

Justifiable use of force, etc.

2.— ...

(8) An act is criminal notwithstanding that the person doing the act— ...

(b) was a person to whom section 52 (1) of the Children Act 2001 applied.

...

C16

Application of section restricted by Non-Fatal Offences against the Person Act 1997 (26/1997), s. 18(3)(b), as substituted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35/2011), s. 6(a), S.I. No. 2 of 2012.

...

Justifiable use of force; protection of person or property, prevention of crime, etc.

18.— [(3) For the purposes of this section an act is ‘criminal’ notwithstanding that the person doing the act— ...

(b) was a person to whom section 52(1) of the Children Act 2001 applied.]

...

Editorial Notes:

E20

Power to take sample from child offender under certain conditions provided (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 32, S.I. No. 508 of 2015.

Duty of Garda Síochána in relation to certain under-age children.

53

53.1 [ (1) Subject to subsections (2) and (3) , where a member of the Garda S í och á na has reasonable grounds for believing that a child under 12 years of age has committed an offence (except murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault), the member shall endeavour to take the child to the child s parent or guardian or arrange for another such member to do so. ]

(2) Where the child is taken to his or her parent or guardian and the member of the Garda Síochána so taking the child has reasonable grounds for believing that the child is not receiving adequate care or protection, the member shall inform 1 [ the 1 [ Child and Family Agency ] ] of the name, address and age of the child and the circumstances in which he or she came to the notice of the Garda Síochána.

(3) Where it is not practicable for the child to be taken to his or her parent or guardian, the member of the Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of 1 [ the 1 [ Child and Family Agency ] ].

(4) Where the child comes to the notice of 1 [ the 1 [ Child and Family Agency ] ] in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to 1 [ the 1 [ Child and Family Agency ] ] that the child requires care or protection which he or she is unlikely to receive unless a court makes a care order or a supervision order in respect of the child, it shall be the duty of 1 [ the 1 [ Child and Family Agency ] ] to apply for a care order or a supervision order, as it thinks fit, in accordance with Part IV of the Act of 1991.

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

( a) that there is an immediate and serious risk to the health or welfare of the child, and

( b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by 1 [ the 1 [ Child and Family Agency ] ] under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

Annotations:

Amendments:

Aiding, etc., under-age child to commit offence.

54

54.1 [ ]

Annotations:

Amendments:

PART 6

Treatment of Child Suspects in Garda Síochána Stations

Treatment of child suspects.

55

55.—In any investigation relating to the commission or possible commission of an offence by children, members of the Garda Síochána shall act with due respect for the personal rights of the children and their dignity as human persons, for their vulnerability owing to their age and level of maturity and for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.

Separation of children from adults in Garda Síochána station.

56

56.—The member in charge of a Garda Síochána station shall, as far as practicable, ensure that any child while detained in the station shall not associate with an adult who is so detained and shall not be kept in a cell unless there is no other secure accommodation available.

Notification to child.

57

57.—Where a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall without delay inform the child or cause the child to be informed, in a manner and in language that is appropriate to the age and level of understanding of the child—

( a) of the offence in respect of which he or she has been arrested,

( b) that he or she is entitled to consult a solicitor and how this entitlement can be availed of, and

( c) that the child’s parent or guardian is being—

(i) informed that the child is in custody in the station,

(ii) given the information specified in paragraphs (a) and (b), and

(iii) requested to attend at the station without delay.

Notification of arrest of child to parent or guardian.

58

58.—(1) When a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable—

( a) inform or cause to be informed a parent or guardian of the child—

(i) that the child is in custody in the station,

(ii) in ordinary language and in the Irish language when dealing with a child from the Gaeltacht or a child whose first language is Irish, of the nature of the offence in respect of which the child has been arrested, and

(iii) that the child is entitled to consult a solicitor and as to how this entitlement can be availed of;

and

( b) request the parent or guardian to attend at the station without delay.

(2) ( a)  If the member in charge of the station—

(i) is unable to communicate with a parent or guardian of the child, or

(ii) the parent or guardian indicates that he or she cannot or will not attend at the station within a reasonable time,

the member shall inform the child or cause the child to be informed without delay of that fact and of the child’s entitlement to have an adult relative or other adult reasonably named by him or her given the information specified in subsection (1)(a) and requested to attend at the station without delay.

( b) Subsection (1) shall apply in relation to a person named by a child pursuant to paragraph (a) as it applies in relation to a parent or guardian.

(3) Where the child is being transferred to another station or other place, the member in charge of the station from which the child is being transferred shall inform any person who has been informed under this section that the child is in custody, or cause him or her to be informed, of the transfer as soon as practicable.

Notification to health board.

59

59.—(1) Where the member in charge of a Garda Síochána station has reasonable cause to believe that a child who is in custody in the station on suspicion of having committed an offence may be in need of care or protection, the member shall, as soon as practicable, inform or cause to be informed 1 [ the 1 [ Child and Family Agency ] accordingly, and it shall ] send a representative to the station as soon as practicable.

(2) Where it is not practicable for the representative of the 1 [ 1 [ Child and Family Agency ] ] to attend at the station within a reasonable time, he or she shall at the first available opportunity attend at the station to ascertain why the member in charge had reasonable cause to believe that the child may be in need of care or protection.

(3) The 1 [ 1 [ Child and Family Agency ] ] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.

1 [ (4) The Minister, with the agreement of the Minister for Health and Children, may issue guidelines in relation to the practical operation of this section. ]

Annotations:

Amendments:

Notification to solicitor.

60

60.—(1) Where a child who is in custody in a Garda Síochána station has asked for a solicitor, the member in charge of the station shall notify the solicitor or cause him or her to be notified accordingly as soon as practicable.

(2) Where the solicitor cannot be contacted within a reasonable time or is unwilling or unable to attend at the station, the child shall be so informed and given an opportunity to ask for another solicitor, and the member in charge shall notify or cause to be notified that other solicitor accordingly as soon as practicable.

(3) Subsections (1) and (2) shall also apply in relation to a request for a solicitor for the child by any parent, guardian, adult relative, any adult reasonably named by the child or other adult (not being a member of the Garda Síochána) who is present, in accordance with section 61(1)(b) , during the questioning of the child or the taking of a written statement.

(4) Where the child is being transferred to another station, the member in charge of the station from which the child is being transferred shall notify any solicitor who has been notified under this section or cause him or her to be notified of the transfer as soon as practicable.

(5) Where a solicitor (other than a named solicitor) has been requested by or on behalf of a child, the member in charge shall give the person making the request or cause him or her to be given the name of one or more than one solicitor whom the member in charge reasonably believes may be willing to attend at the station within a reasonable time.

Interviewing children.

61

61.—(1) Subject to subsections (2) to (4), a child who has been detained in a Garda Síochána station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of—

( a) a parent or guardian, or

( b) in his or her absence, another adult (not being a member of the Garda Síochána) nominated by the member in charge of the station.

(2) Notwithstanding subsection (1), the member in charge of the station may authorise the questioning of the child or the taking of a written statement in the absence of a parent or guardian, where the member has reasonable grounds for believing that to delay the questioning would involve a risk of death or injury to persons, serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices.

(3) The member in charge of the station may authorise the exclusion of a parent or guardian during the questioning of the child or the taking of a written statement where—

( a) the parent or guardian is the victim of, or has been arrested in respect of, the offence being investigated,

( b) the member has reasonable grounds for suspecting the parent or guardian of complicity in the offence, or

( c) the member has reasonable grounds for believing that the parent or guardian would, if present during the questioning or the taking of a written statement, be likely to obstruct the course of justice.

(4) The member in charge of the station may authorise the removal of a parent or guardian during the questioning of the child or the taking of a written statement where the member has reasonable grounds for believing that the conduct of the parent or guardian is such as to amount to an obstruction of the course of justice.

(5) Where the child or his or her parent or guardian asks for a solicitor, he or she shall not be asked to make a statement, either orally or in writing, in relation to an offence until a reasonable time for the attendance of the solicitor has elapsed.

(6) A child who is from a Gaeltacht area or whose first language is Irish shall be entitled to be questioned or to make a written statement in the Irish language, and any other child shall be entitled to make a written or oral statement in that language.

(7) In this section references to a parent or guardian include references to an adult relative of the child, an adult reasonably named by the child pursuant to section 58(2)(a) or the adult mentioned in subsection (1)(b).

Notification of proceedings to parent or guardian.

62

62.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child’s parent or guardian is present at the station, the member in charge of the station shall ensure that—

( a) a copy of the charge sheet containing particulars of the offence is handed to the parent or guardian, and

( b) as soon as practicable, a notification in writing is sent to the child’s parents or guardian of—

(i) the time, date and place of the child’s first appearance before the court, and

(ii) the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings.

(2) Where the child’s parent or guardian is not present at the station and his or her address is known, the member in charge of the station shall ensure that as soon as practicable—

( a) a copy of the charge sheet containing particulars of the offence is sent to the parents or guardian, and

( b) a notification in writing is sent to the parents or guardian of—

(i) the time, date and place of the child’s first appearance before the court,

(ii) the provisions of section 91 concerning the non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings,

(iii) whether or not a recognisance was taken from the child,

(iv) the name of any adult who attended at the station at the request of the child, and

(v) if the child consulted a solicitor, the solicitor’s name and address.

Notification of proceedings to adult relative or other adult.

63

63.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child’s parent or guardian is not present at the station, the member in charge shall ensure that a copy of the charge sheet containing particulars of the offence is handed to an adult relative of the child who is so present.

(2) The member in charge of the station shall also ensure that as soon as practicable the adult relative is notified of the time, date and place of the child’s first appearance before the court and, if the child has consulted a solicitor, of the solicitor’s name and address.

(3) Where neither the parent or guardian nor any adult relative of the child is present at the station, the member in charge of the station may send a copy of the charge sheet and a notification of the time, date and place of the child’s first appearance before the court to an adult relative.

(4) The duties of the member in charge under this section shall apply only where the member is of opinion that the child’s parent or guardian would not be available to attend court with the child and that the adult relative in question is likely to be of assistance to, and provide support for, the child during the court proceedings.

(5) In this section “adult relative” includes any adult reasonably named by the child pursuant to section 58(2)(a) .

Procedure by summons.

64

64.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons, the child’s parents or guardian may be named in the summons and, if named, shall be required to appear at the sitting of the court specified in the summons.

(2) Where the summons names the child’s parents or guardian, it shall also specify the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the specified sitting of the court.

Notice to adult relative or other adult where proceeding by summons.

65

65.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons and the whereabouts of his or her parents or guardian are unknown, a notice under this section may be issued to an adult relative of the child or other adult reasonably named by the child, whether or not the adult relative or other adult attended at the Garda Síochána station pursuant to section 58(2) .

(2) A notice under this section shall be issued by the member of the Garda Síochána dealing with the child in respect of the offence for which the summons is being issued.

(3) The notice shall state the time, date and place of the sitting of the court in respect of which the summons was issued and shall contain particulars of the offence which the child is alleged to have committed.

(4) The notice shall issue only with the agreement of the child and where the member is of opinion that the adult concerned is likely to be of assistance to, and provide support for, the child during the court proceedings.

Provisions common to sections 56 to 63 and 65.

66

66.—(1) In this section “the relevant sections” means sections 56 to 63 and 65.

(2) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or of the admissibility in evidence of any statement made by the child.

(3) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall render that member liable to disciplinary proceedings.

(4) The duties imposed by the relevant sections on members of the Garda Síochána in relation to the treatment of any child who is in custody in a Garda Síochána station are without prejudice to any other duties imposed on them in that respect by or under any other enactment.

(5) The provisions of the relevant sections shall not apply if and for so long as the member in charge of the Garda Síochána station in which a person is in custody has reasonable grounds for believing that the person is not below the age of 18 years.

67

67.—Section 5 (which provides for access to a solicitor and notification of detention) of the Act of 1984 is hereby amended by the deletion of subsection (2) of that section and the substitution of “eighteen years” for “seventeen years” where the latter expression occurs in subsections (1) and (3) thereof.

Release on bail by member of Garda Síochána.

68

68.—(1) When a child is arrested and brought to a Garda Síochána station by a member of the Garda Síochána, the member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of the child is in force, release the child on bail and for that purpose take, or arrange to have taken, from the child a recognisance, with or without sureties, for his or her due appearance—

( a) before the Children Court at its next sitting in the district court area in which the child has been arrested or at any subsequent sitting thereof in that district court area during the period of 30 days immediately following such next sitting, or

( b) in the case of the Children Court in the Dublin Metropolitan District, before the next sitting of that Court or any subsequent sitting thereof during the period of 30 days immediately following such next sitting.

(2) The recognisance referred to in subsection (1) may be taken from the child’s parent or guardian and may be for the due appearance before the Children Court of the parent or guardian as well as of the child concerned.

(3) The recognisance may be estreated in like manner as a recognisance entered into before a judge of the District Court is estreated.

1 [ (4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties. ]

(5) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be transmitted, by the person taking the recognisance or receiving the sum of money, to the district court clerk for the district court area in which the sitting of the Children Court before which the child is to appear is being held.

(6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the Defence Act, 1954.

(7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.

Annotations:

Amendments:

Application of certain provisions to married child.

69

69.—In the application of this Part in relation to a child who is married—

( a) the references in sections 57, 58, 60(3), 61(7), 62 (except subsections (1)(b)(ii) and (2)(b)(ii)), 63, 65, 68(2) and 70(1)(b) to a parent or guardian of the child shall be construed as references to his or her spouse,

(b) the references in sections 58(2)(a), 60(3), 61(7), 63, 65 and 70(1)(b) to an adult relative of the child shall be construed as including references to his or her parent or guardian, and

( c) section 64 shall not have effect.

Regulations ( Part 6).

70

70.—(1) Further provision may be made by regulations in relation to—

( a) the treatment of children while in custody in Garda Síochána stations,

( b) the role of a parent, guardian or adult relative of a child or another adult (including any representative of 1 [ the 1 [ Child and Family Agency ] ]) who is present in a Garda Síochána station pursuant to this Part while the child is in custody, and

( c) such other matters (if any) as may be necessary or expedient for the purpose of enabling this Part to have full effect and for its due administration.

(2) Pending the making of any regulations under subsection (1)(a), the references to seventeen years in Regulations 9 and 13 of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, shall be construed and have effect as if they were references to eighteen years.

Annotations:

Amendments:

Editorial Notes:

E21

The Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987) were amended to reflect the amendments made by this section (14.12.2006) by Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006).

PART 7

Children Court

Children Court.

71

71.—(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV, IVA (inserted by this Act) or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and 1 [ Parts 8 and 12A ] .

( b) When exercising any such jurisdiction the Court shall sit in a different building or room from that in which sittings of any other court are held or on different days or at different times from those on or at which sittings of any such other court are held.

(2) So far as practicable sittings of the Court shall be so arranged that persons attending are not brought into contact with persons in attendance at a sitting of any other court.

(3) Where—

( a) in the course of any proceedings before the Court it appears to it that the person charged or to whom the proceedings relate is 18 years of age or upwards, or

( b) in the course of any proceedings before the District Court sitting otherwise than as the Children Court it appears to the District Court that the person charged or to whom the proceedings relate is under the age of 18 years,

nothing in this section shall be construed as preventing the Court or the District Court, as the case may be, if it thinks it undesirable to adjourn the case, from proceeding to hear and determine it.

(4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment.

(5) Any reference to a juvenile court in any enactment in force immediately before the commencement of this section shall be construed as a reference to the Court.

Annotations:

Amendments:

Modifications (not altering text):

C17

Subs. (1)(a) amended by Child Care (Amendment) Act 2011 (19/2011), s. 32, not commenced as of date of revision.

71.—(1) ( a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV 1 [ ] or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and 1 [ Parts 8 and 12A ] .

Requirement for transacting business in Children Court.

72

72.—(1) Subject to subsection (2), a judge of the District Court shall, before transacting business in the Children Court, participate in any relevant course of training or education which may be required by the President of the District Court.

(2) Subsection (1) shall apply only in relation to judges of the District Court appointed on or after 15 December, 1995.

Arrangements for hearing of proceedings in Children Court.

73

73.—(1) As far as practicable, the hearing of proceedings in the Court shall be arranged so that the time that the persons involved have to wait for the proceedings to be heard is kept to a minimum.

(2) The time stated in every summons requiring a person to appear before the Court shall be a time which the person preparing the summons reasonably expects that the proceedings in respect of which the summons is issued will be heard.

Children charged with summary offences jointly with adults.

74

74.—(1) Where—

( a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults,

( b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

( c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or

( d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.

(2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult—

( a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and

( b) that person shall for all purposes be deemed to have been found guilty by the District Court.

Jurisdiction to deal summarily with indictable offences.

75

75.—(1) Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily.

(2) In deciding whether to try or deal with a child summarily for an indictable offence, the Court shall also take account of—

( a) the age and level of maturity of the child concerned, and

( b) any other facts that it considers relevant.

(3) The Court shall not deal summarily with an indictable offence where the child, on being informed by the Court of his or her right to be tried by a jury, does not consent to the case being so dealt with.

(4) In deciding whether or not to consent under subsection (3) a child may obtain—

( a) the assistance of his or her parent or guardian or, if the child is married to an adult, his or her spouse, or

( b) where the parent or guardian or adult spouse of the child does not for any reason attend the relevant proceedings, the assistance of any adult relative of the child or other adult who is accompanying the child at the proceedings.

(5) If at any time the Court ascertains that a child charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, the Court may, if the child signs a plea of guilty, send him or her forward for sentence with that plea to a court to which, but for that plea, the child would have been sent forward for trial.

(6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General’s consent.

(7) ( a)  Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.

( b)  In that event—

(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999) of the Act of 1967,

(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and

(iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.

Children charged with indictable offences jointly with adults.

76

76.—Where—

( a) a child is charged with an indictable offence and the charge is made jointly against the child and one or more adults,

( b) a child is charged with an indictable offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

( c) a child is charged with aiding, abetting, counselling or procuring the commission of an indictable offence with which one or more adults are charged at the same time, or

( d) a child is charged with an indictable offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the Children Court shall deal with the child in accordance with section 75 and the adult or adults in accordance with the enactments governing proceedings in the District Court against a person charged with an indictable offence.

PART 8

Proceedings in Court

1 [ Powers of Court in criminal proceedings against child.

76A.

76A. (1) In any criminal proceedings against a child the Court may exercise any of the following powers conferred on it by this Part, namely, power

( a ) under section 76B , to request the attendance of a representative of the 1 [ Child and Family Agency ] ,

( b ) under section 76C , to dismiss the case on its merits,

( c ) under section 77 , to direct the 1 [ Child and Family Agency ] to convene a family welfare conference in respect of the child 1 [ ] , or

( d ) under section 78 , to direct the probation and welfare service to arrange for the convening of a family conference in respect of the child.

(2) Subsection (1) is without prejudice to the power of the Court to deal with the case in any other way if it is satisfied that to do so would be in the interests of justice. ]

Annotations:

Amendments:

1 [ Assistance to Court by 1 [ Child and Family Agency ] .

76B.

76B. (1) Where

( a ) a child who is charged with an offence is remanded on bail or, subject to section 88(10)(b) , in custody, and

( b ) it appears to the Court that the 1 [ Child and Family Agency ] may be of assistance to it in dealing with the case,

the Court may request the Executive to be represented in the proceedings.

(2) Where the child is remanded on bail, the request shall be made at least one week before the date of the resumption of the proceedings concerned.

(3) If, having heard the 1 [ Child and Family Agency ] s representative, the Court dismisses the case against the child on its merits, the 1 [ Child and Family Agency ] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child. ]

Annotations:

Amendments:

1 [ Dismissal of case against child under 14 in certain circumstances.

76C.

76C. Where a child under 14 years of age is charged with an offence, the Court may, of its own motion or the application of any person, dismiss the case on its merits if, having had due regard to the child s age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence. ]

Annotations:

Amendments:

Referral of case to health board.

77

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct 1 [ the 1 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child 1 [ if in the Court s view it is practicable for the 1 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other circumstances, ]

( b) 1 [ ]

(2) Where a family welfare conference has been held by 1 [ the 1 [ Child and Family Agency ] ] pursuant to a direction under subsection (1)(a)

( a) if 1 [ the 1 [ Child and Family Agency ] ] applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

( b) if it decides not to apply for any such order, it shall inform the Court of—

(i) its reasons for so deciding,

(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and

(iii) any other action which it has taken, or intends to take, with respect to the child.

(3) The Court, on being informed by 1 [ the 1 [ Child and Family Agency ] ] of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

Annotations:

Amendments:

Modifications (not altering text):

C18

Subs. (1)(a) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 33(a), not commenced as of date of revision.

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child 1 [ or for the provision to that child of other care under the Act of 1991 (as amended by the Child Care (Amendment) Act 2011) or otherwise ], the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct 1 [ the 1 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child 1 [ if in the Court s view it is practicable for the 1 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other 1 [ circumstances. ] ]

...

Family conference.

78

78.—(1) Where, in any proceedings in which a child is charged with an offence—

( a) the child accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,

( b) it appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and

( c) the child and child’s parent or guardian, or members of the child’s family or relatives of the child who in the opinion of the Court could make a positive contribution at a family conference, agree to attend such a conference and to participate in its proceedings,

the Court may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held.

(2) The Court may direct that the conference consider such matters relating to the child as the Court considers appropriate.

Convening of family conference.

79

79.—A family conference shall be convened by a probation and welfare officer appointed for that purpose by the 1 [ Director of the Probation and Welfare Service ] and shall be held not later than 28 days after the date of the direction of the Court.

Annotations:

Amendments:

Action plan.

80

80.—(1) A family conference shall endeavour to formulate an action plan for the child in respect of whom it has been convened.

(2) Subsections (1) to (5) of section 39 shall apply and have effect in relation to such a plan, with the substitution in subsections (2), (4) and (5) of that section of references to a probation and welfare officer for the references to a facilitator or chairperson and with any other necessary modifications.

Report to Court by probation and welfare officer.

81

81.—The probation and welfare officer who was appointed to convene the family conference shall, as appropriate—

( a) submit to the Court the action plan formulated at the conference,

( b) inform the Court that the conference did not reach agreement on an action plan,

( c) apply to the Court for an extension of the time for holding the conference, or

( d) inform the Court that it has not been possible to hold the conference and that there is little likelihood of its being held.

Action by Court on report of probation and welfare officer.

82

82.—(1) Where an action plan is submitted to the Court pursuant to section 81(a) , the Court may—

( a) approve of the plan or amend it, and

( b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation.

(2) Where the probation and welfare officer reports to the Court pursuant to section 81(b) that the family conference did not reach agreement on an action plan, the Court may—

( a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or

( b) resume the proceedings in respect of the offence with which the child is charged.

(3) Where the probation and welfare officer applies to the Court pursuant to section 81(c) for an extension of the time for holding the family conference, or informs the Court pursuant to section 81(d) that there is little likelihood of its being held, the Court may—

( a) where it is satisfied that there is a likelihood of the conference being held, grant an extension of time, not exceeding 28 days, for holding it, or

( b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged.

(4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order.

(5) An action plan formulated pursuant to subsection (1)(b) or (2)(a) shall be written in language that can be understood by the child and be signed by the child (or, where appropriate, a person mentioned in section 78(1)(c) on his or her behalf) and the supervising probation and welfare officer.

Failure to comply with action plan.

83

83.—Where the Court has ordered a child to comply with an action plan and, on application by the probation and welfare officer who convened the relevant family conference, it appears to the Court that the child has, without reasonable cause, failed to comply with the terms of the plan, the Court may resume the proceedings in respect of the offence with which the child is charged.

Review of compliance with action plan.

84

84.—At a resumed court sitting to review compliance with the action plan, the Court may resume the proceedings in respect of the offence with which the child is charged and, without prejudice to any other way of dealing with the case, may, if it is satisfied that the child has complied with the plan, dismiss the charge against the child on its merits.

Application of provisions.

85

85.Sections 29, 30(3), 32, 33, 35, 36, 50 and 51 shall apply and have effect in relation to a family conference convened under this Part with the substitution, where appropriate, in those provisions of references to a probation and welfare officer for the references to a juvenile liaison officer, facilitator or chairperson and with any other necessary modifications.

Procedure at family conference.

86

86.—(1) Subject to the provisions of this Part or any direction given by the Court, a family conference may regulate its procedure in such manner as it thinks fit.

(2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Administrative services to family conference.

87

87.—The 1 [ Director of the Probation and Welfare Service ] shall provide such administrative services as may be necessary to enable a family conference to discharge its functions.

Annotations:

Amendments:

1 [ Remand in custody.

88

88. (1) Where the Court decides to remand in custody a child

( a ) who is charged with or found guilty of one or more offences,

( b ) who is being sent forward for trial, or

( c ) in respect of whom the court has postponed a decision,

the following provisions of this section shall apply in relation to the child.

(2) The child shall be remanded to a place designated under this section as a remand centre.

(3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child s age and level of understanding.

(4) The Minister may by order designate as a remand centre any place, including 1 [ part or all of a children detention school, which in the Minister s opinion is suitable for the custody of children who are remanded under this section (referred to in this Act as a remand centre situated in a children detention school) ] .

(5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.

(6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(7) A place may be designated as a remand centre only with the consent of its owners or, as the case may be, its managers.

(8) Where a remand centre is 1 [ situated in ] a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

(9) Where a remand centre is not 1 [ situated in ] a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.

(10) The Court shall not remand a child in custody under this section if the only reason for doing so is that

( a ) the child is in need of care or protection, or

( b ) the Court wishes the 1 [ Child and Family Agency ] to assist it under section 76B in dealing with the case.

1 [ (10A) Where the Court remands a child to a remand centre under subsection (2) , the lawfulness of the remand and the period of the remand shall not be affected should the child attain the age of 18 years during the period of the remand in question, and in such a case this Act shall apply to the person during the remainder of that period of the remand as it applies to a child on remand. ]

(11) Such matters as may be necessary or expedient for enabling remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister.

(12) 1 [ ]

(13) 1 [ ] ]

Annotations:

Amendments:

Modifications (not altering text):

Editorial Notes:

E22

Power pursuant to subss. (1)-(11) exercised (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), in effect as per art. 3.

E23

Previous affecting provision: power pursuant to subss. (1)-(11) exercised (30.03.2015) by Children Act 2001 (Designation of Remand Centres) (Amendment) Order 2015 (S.I. No. 95 of 2015), in effect as per art. 1(2); revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(b).

E24

Previous affecting provision: power pursuant to subss. (1)-(11) exercised (1.05.2012) by Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012), in effect as per art. 2; revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(a).

88A

1 [ Transfer of children on remand

88A. (1) The Minister for Children and Youth Affairs may direct the transfer of a child remanded to a remand centre to another remand centre for the remainder of the child s period of remand if the remand centre to which the child is to be transferred provides the conditions and facilities suitable for the custody of children who are remanded under section 88 and

(a) the remand centre to which the child is to be transferred caters in accordance with the provisions of this Part for that class of child, or

(b) the Minister for Children and Youth Affairs considers that the transfer is necessary in the interests of good governance of remand centres.

(2) Before giving a direction under this section, the Minister shall consult the Director, or where a remand centre is not situated in a children detention school, the board of management, of the remand centre from which and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child s best interests, or if the transfer would not be in the child s best interests, what other course of action should be adopted in respect of the child.

(3) The Director, or where the remand centre is not situated in a children detention school, the board of management, of the remand centre to which the child was remanded may request the Minister to make a direction under subsection (1) .

(4) In this section

(a) a reference to a Director of a remand centre means a reference to the Director, within the meaning of section 180 , of the children detention school in which the remand centre is situated, and

(b) a reference to a board of management of a remand centre means the board of management appointed under section 88(9) to manage the remand centre. ]

Annotations:

Amendments:

88B

1 [ Discipline of children on remand

88B. ... ]

Annotations:

Amendments:

Modifications (not altering text):

C19

Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 6, not commenced as of date of revision.

1 [ 88B. (1) Subject to subsection (2) , sections 201 , 201A and 201B (other than subsections (1)(e) , (5) and (8) of section 201A ) shall apply, with any necessary modifications, to children on remand as they apply to children detained in a children detention school on foot of a children detention order.

(2) For the purposes of subsection (1)

(a) references in sections 201 , 201A and 201B (other than in relation to subsection (1)(e) of section 201A ) to breach of children detention school discipline or disciplinary breach shall be construed as references to breach of remand centre discipline provided for under this Act or by regulations made under this Act, and

(b) where a child is remanded to a remand centre

(i) that is situated in a children detention school, references to Director in sections 201 , 201A and 201B (other than in relation to subsection (1)(e) of, and in subsection (5) of, section 201A ) shall be read as references to the Director, within the meaning of section 180 , of the children detention school in which the remand centre is situated, or

(ii) that is not situated in a children detention school, references to Director in sections 201 , 201A and 201B (other than in relation to subsection (1)(e) of, and in subsection (5) of, section 201A ) shall be read as references to the board of management appointed under section 88(9) to manage the remand centre. ]

Non-application of section 5 of Bail Act, 1997.

89

89.—Section 5 (Payment of moneys into court) of the Bail Act, 1997 , is amended by the addition of the following subsection:

“(4) This section shall not apply in relation to a person under the age of 18 years.”.

Conditions of bail.

90

90.—(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions:

( a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate,

( b) that the child receives education or undergoes training, as appropriate,

( c) that the child reports to a specified Garda Síochána station at a specified time at such intervals as the Court considers appropriate,

( d) that the child does not associate with a specified individual or individuals,

( e) that the child stays away from a specified building, place or locality except in such circumstances and at such times as the Court may specify,

( f) such other conditions as the Court considers appropriate.

(2) Where a child who is released on bail does not comply with any condition to which the release was subject and is subsequently found guilty of an offence, the Court, in dealing with the child for the offence, may take into account the non-compliance in question and the circumstances in which it occurred.

(3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail.

Attendance at Court of parents or guardian.

91

91.—(1) The parents or guardian of a child shall, subject to subsection (5), be required to attend at all stages of any proceedings—

( a) against the child for an offence,

( b) relating to a family conference in respect of the child, 1 [ ]

( c) relating to any failure by the child to comply with a community sanction or any condition to which the sanction is 1 [ subject, or ]

1 [ ( d ) under section 257D . ]

(2) Where the parents or guardian fail or neglect, without reasonable excuse, to attend any proceedings to which subsection (1) applies, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian, and the warrant shall command the person to whom it is addressed to produce the parents or guardian before the Court at the time appointed for resuming the proceedings.

(3) Failure by the parents or guardian, without reasonable excuse, to attend any such proceedings shall, subject to subsection (5), be treated for all purposes as if it were a contempt in the face of the court.

(4) At the hearing of any proceedings in respect of the offence with which the child is charged 1 [ or under section 257D ] , any parent or guardian who is required to attend the proceedings may be examined in respect of any relevant matters.

(5) The Court may, at any stage of proceedings to which subsection (1) applies, excuse the parents or a parent or the guardian of the child concerned from attendance at all or any part of the proceedings in any case where the Court, either of its own motion or at the request of any of the parties to the proceedings, is of opinion that the interests of justice would not be served by such attendance.

(6) If in any such proceedings the whereabouts of the parents or guardian of the child concerned are unknown, or neither a parent nor a guardian attends the proceedings for any reason, the child may be accompanied during the proceedings by an adult relative or other adult.

(7) This section does not apply to the parents of a child who is married.

Annotations:

Amendments:

Conveyance to and from Court.

92

92.—Any child while being conveyed to or from the Court or while waiting before or after attendance at the Court shall, as far as practicable, be prevented from associating with an adult, not being a relative or spouse, who is charged with any offence other than an offence with which the child is jointly charged.

Restrictions on reports of proceedings in which children are concerned.

93

1 [ 93. (1) In relation to proceedings before any court concerning a child

( a ) no report which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any such child shall be published or included in a broadcast or any other form of communication, and

( b ) no still or moving picture of or including any such child or which is likely to lead to his or her identification shall be so published or included.

(2) A court may dispense, in whole or in part, with the requirements of this section in relation to a child if satisfied that to do so is necessary

( a ) where the child is charged with an offence

(i) to avoid injustice to the child,

(ii) where the child is unlawfully at large, for the purpose of apprehending the child, or

(iii) in the public interest,

or

( b ) where the child is subject to an order under section 257D

(i) to avoid injustice to the child, or

(ii) to ensure that the order is complied with.

(3) Where a court dispenses with any requirements of this section, it shall explain in open court the reasons for its decision.

(4) Subsections (3) to (6) of section 51 of this Act shall apply, with the necessary modifications, to matters published or included in a broadcast or other form of communication in contravention of subsection (1).

(5) This section shall apply in relation to proceedings on appeal from a court, including proceedings by way of case stated.

(6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court. ]

Annotations:

Amendments:

Persons entitled to be present at hearing.

94

94.—(1) The Court shall exclude from the hearing of any proceedings before it all persons except—

( a) officers of the Court,

( b) the parents or guardian of the child concerned,

( c) an adult relative of the child, or other adult who attends the Court pursuant to section 91(6),

( d) persons directly concerned in the proceedings,

( e) bona fide representatives of the Press, and

( f) such other persons (if any) as the Court may at its discretion permit to remain.

(2) The order or decision of the Court (if any) in any such proceedings shall be announced in public.

PART 9

Powers of Courts in Relation to Child Offenders

General

Interpretation ( Part 9).

95

95.—In this Part, unless the context otherwise requires—

“Act of 1970” means the Prisons Act, 1970;

“Act of 1983” means the Criminal Justice (Community Service) Act, 1983 ;

“children court district” has the same meaning as “district court district”;

1 [ ]

“compensation order” has the meaning assigned to it by section 6 of the Criminal Justice Act, 1993 ;

“day centre” and “day centre order” have the meanings assigned to them by section 118 ;

“detention and supervision order” means an order under section 151 ;

“district” means either a children court district or a district court district, as the context requires;

“district of residence” means—

( a) in relation to an order under this Part affecting a child, the circuit or, as the case may be, the district in which the child resides or will reside while the order is in force, and

( b) in relation to a parental supervision order, the circuit or, as the case may be, the district in which the parents concerned reside or will reside while the order is in force;

“hostel residence” means a residence certified under section 126 ;

“parental supervision order” means an order under section 111 ;

“probation officer’s report” has the meaning assigned to it by section 99 ;

“probation order” has the meaning assigned to it by section 2 of the Act of 1907.

Annotations:

Amendments:

Principles relating to exercise of criminal jurisdiction over children.

96

96.—(1) Any court when dealing with children charged with offences shall have regard to—

( a) the principle that children have rights and freedom before the law equal to those enjoyed by adults and, in particular, a right to be heard and to participate in any proceedings of the court that can affect them, and

( b) the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child.

(2) Because it is desirable wherever possible—

( a) to allow the education, training or employment of children to proceed without interruption,

( b) to preserve and strengthen the relationship between children and their parents and other family members,

( c) to foster the ability of families to develop their own means of dealing with offending by their children, and

( d) to allow children reside in their own homes,

any penalty imposed on a child for an offence should cause as little interference as possible with the child’s legitimate activities and pursuits, should take the form most likely to maintain and promote the development of the child and should take the least restrictive form that is appropriate in the circumstances; in particular, a period of detention should be imposed only as a measure of last resort.

(3) A court may take into consideration as mitigating factors a child’s age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.

(4) The penalty imposed on a child for an offence should be no greater than that which would be appropriate in the case of an adult who commits an offence of the same kind and may be less, where so provided for in this Part.

1 [ (5) When dealing with a child charged with an offence, a court shall have due regard to the child s best interests, the interests of the victim of the offence and the protection of society. ]

Annotations:

Amendments:

Construction of certain references.

97

97.—Any reference in an enactment, whether in force before or after the commencement of any relevant provision of this Act, to a person convicted, a conviction or a sentence shall, in the case of a child dealt with summarily by the Children Court, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.

Orders on finding of guilt.

98

98.—Where a court is satisfied of the guilt of a child charged with an offence it may, without prejudice to its general powers and in accordance with this Part, reprimand the child or deal with the case by making one or more than one of the following orders:

( a) a conditional discharge order,

( b) an order that the child pay a fine or costs,

( c) an order that the parent or guardian be bound over,

( d) a compensation order,

( e) a parental supervision order,

( f) an order that the parent or guardian pay compensation,

( g) an order imposing a community sanction,

( h) an order (the making of which may be deferred pursuant to section 144 ) that the child be detained in a children detention school 1 [ ], 1 [ ]

( i) a detention and supervision order.

Annotations:

Amendments:

Probation Officer’s Reports

Probation officer’s report.

99

99.—(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it—

( a) may in any case, and

( b) shall, where it is of opinion that the appropriate decision would be to impose a community sanction, detention (whether or not deferred under section 144 ) or detention and supervision,

adjourn the proceedings, remand the child and request a probation and welfare officer to prepare a report in writing (a “probation officer’s report”) which—

(i) would assist the court in determining a suitable community sanction (if any) or another way of dealing with the child, and

(ii) would contain information on such matters as may be prescribed, including any information specifically requested by the court.

(2) The probation officer’s report shall, at the request of the court, indicate whether, and if so how, in his or her opinion any lack of care or control by the parents or guardian of the child concerned contributed to the behaviour which resulted in the child being found guilty of an offence.

(3) The court may, in addition, request that a victim impact report be furnished to it in respect of any victim of the child where it considers that such a report would assist it in dealing with the case.

(4) The court may decide not to request a probation officer’s report where—

( a) the penalty for the offence of which the child is guilty is fixed by law, or

( b) (i) the child was the subject of a probation officer’s report prepared not more than 2 years previously,

(ii) the attitude of the child to, and the circumstances of, the offence or offences to which that report relates are similar to his or her attitude to, and the circumstances of, the offence of which the child has been found guilty, and

(iii) the previous report is available to the court and the court is satisfied that the material in it is sufficient to enable it to deal with the case.

(5) Where a court requests a report under this section, it may at any time summon as a witness any person whose evidence in its opinion would assist it in dealing with the case.

Remand for preparation of report or other reason.

100

100.—(1) Where the court is satisfied of the guilt of a child, it may defer taking a decision to allow time for the preparation of any report requested pursuant to this Part or for other sufficient reason and for that purpose may remand the child on bail, subject to such conditions as it may think fit, or, pursuant to section 88, in custody for, where appropriate, the minimum period necessary for the preparation of any such report but not in any case exceeding 28 days.

(2) Notwithstanding subsection (1), where a child in respect of whom any such report is being prepared has been remanded on bail, the court may allow one extension of not more than 14 days for its preparation if satisfied, on application by the person preparing the report, that it is proper to do so.

(3) Any person responsible for making any such report shall make all reasonable endeavours to ensure that the report is lodged with the court at least 4 working days before the end of the period of remand.

Availability of child for preparation of report.

101

101.—(1) ( a) Where a court remands a child on bail to enable any report requested pursuant to this Part to be prepared, it may order—

(i) that in the meantime—

(I) the child shall reside at the residence of his or her parents, guardian, an adult relative or other adult who has undertaken to the court to care for the child, or

(II) where the child is already residing in a children’s residential centre to which Part VIII of the Act of 1991 applies or in some other suitable place, the child shall continue to do so,

and

(ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be—

(I) at the residence, centre or other suitable place, or

(II) at any day centre or other place specified in the order.

( b) The time of the first such attendance at a day centre or other place shall be determined in accordance with subsection (3) and be specified in the order.

( c) The times of subsequent attendances shall be determined in accordance with that subsection—

(i) in the case of such attendances at a day centre, by the person preparing the report, or

(ii) in the case of such attendances at another place, by the person in charge of that other place.

(2) An order under subsection (1)(a)(ii)(II) shall not be made unless the court is satisfied that the day centre or other place in question is reasonably accessible to the child concerned, having regard to the child’s age, the means of access available to him or her and any other relevant circumstances.

(3) The times at which a child is required to attend at a day centre or other place pursuant to this section shall be determined having regard to the child’s circumstances and shall be those—

( a) at which the centre or place is available for that purpose, and

( b) which are such as to avoid interference, as far as practicable, with any school or work schedules of the child.

Immunity from liability for reports.

102

102.—Any person who prepares or furnishes any report requested pursuant to this Part or who supplies any information for the purposes of preparing or furnishing it shall not be under any civil or criminal liability in respect of it unless the person has acted in bad faith in preparing or furnishing it or in supplying information for such purposes.

Access to reports.

103

103.—(1) A copy of any report furnished to a court pursuant to a request under this Part shall, subject to subsection (2), be made available, on request, by the clerk or other proper officer of the court to—

( a) the parents or guardian of the child concerned or, in their absence, an adult relative of the child or other adult accompanying the child during the proceedings,

( b) any counsel or solicitor representing the child,

( c) 1 [ ]

( d) every person entitled to appear and be heard at the proceedings to which the report relates and any counsel or solicitor appearing for any such person,

( e) where the court imposes a period of detention in a children detention school 1 [ ], the Director of the school 1 [ ], and

( f) any other person whom the court considers to have a proper interest in receiving a copy of the report.

(2) The court may order that the whole or any part of a report made available to any person pursuant to subsection (1) shall not be disclosed to any person specified in the order where it is satisfied that to do so would not be in the interests of the child or any other person to whom the report relates.

(3) Any copy of a report made available pursuant to subsection (1) shall, wherever possible, be supplied to the persons concerned in advance of the resumed sitting of the court.

Annotations:

Amendments:

Right to tender evidence on report.

104

104.—Any person to whom a copy of a report has been made available pursuant to section 103 or who has been informed of its contents may tender evidence on any matter referred to in it.

Oral reports.

105

105.—The court may, unless any party to the proceedings objects, in exceptional circumstances direct that any report requested pursuant to this Part be made orally to the court.

Power of court on receipt of report.

106

106.—(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with section 98 .

(2) Before the court reaches a decision on the case, it may hear evidence from any person who prepared the report and from any person required under section 99(5) to attend the proceedings.

(3) The court shall also give a parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or in his or her absence an adult relative or other adult accompanying the child, an opportunity to give evidence.

(4) The court may, on consideration of a probation officer’s report, request such other report or reports in writing, including medical, psychiatric or psychological reports, as would in its opinion assist it in dealing with the case.

(5) The 1 [ Director of the Probation and Welfare Service ] shall arrange for the preparation of any such other report or reports, which shall contain information on such matters as may be prescribed and on any matter that may be specifically requested by the court.

Annotations:

Amendments:

Regulations regarding reports.

107

107.—(1) The Minister may prescribe such matters in relation to probation officers’ reports or any other reports made pursuant to this Part as would in his or her opinion be of assistance to courts in dealing with cases under this Part.

(2) Without prejudice to the generality of subsection (1), the inclusion in probation officers’ reports of information relating to the following matters, where appropriate, and such other matters (if any) as may be necessary or expedient for the purposes of any enabling provision of this Part to have full effect, may be prescribed—

( a) the results of an interview with the child,

( b) where it has been practicable for the probation and welfare officer concerned to interview the child’s parent or guardian or any victim, the results of the interview,

( c) the age, level of maturity, character, behaviour and attitude of the child and his or her willingness to make amends,

( d) the educational circumstances and prospects of the child,

( e) the child’s friends and associates, and

( f) the apparent motive for the child’s behaviour and the likelihood of the child not committing further offences.

(3) Before prescribing any matter for which the Minister for Education and Science or the Minister for Health and Children has responsibility, the Minister shall obtain the agreement of that Minister.

Fines, costs and compensation

Maximum fines.

108

108.—Where a court is satisfied of the guilt of a child whom it has dealt with summarily for any offence and is of opinion that the appropriate penalty is or includes a fine, the fine shall not exceed half the amount which the District Court could impose on a person of full age and capacity on summary conviction for such an offence.

Determination of amount of fine and costs.

109

109.—( a)  Subject to section 108, in determining the amount of a fine to be imposed on a child, and

( b)  in determining whether to award costs against a child and the amount of any such costs,

the court, among other considerations, shall have regard to the child’s present and future means in so far as they appear or are known to the court and for that purpose may require the child to give evidence as to those means and his or her financial commitments.

Default in payment of fine, costs or compensation.

110

110.—(1) Where a court orders a child to pay a fine, costs or compensation and the child is in default—

( a) the court shall not order that the child be detained in any case where, if the child were a person of full age and capacity, he or she would be liable to be committed to prison, and

( b) in lieu of such an order, the court may make one or more than one of the following orders:

(i) in the case of a fine, an order reducing its amount,

(ii) an order allowing time, or further time, for payment of the fine, costs or compensation,

(iii) an order imposing a community sanction appropriate to the age of the child.

(2) An order under subsection (1)(b) shall be deemed for the purposes of this or any other Act to be an order made on a finding of guilt.

Orders in relation to parents or guardian

Parental supervision order.

111

111.—(1) In any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child’s parents (a “parental supervision order”) where it is satisfied that a wilful failure of the child’s parents to take care of or control the child contributed to the child’s criminal behaviour.

(2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child’s parents.

(3) The court may not make an order under section 114 at the same time as a parental supervision order.

(4) Before making a parental supervision order, the court shall obtain and consider information about the parents’ family and social circumstances and the likely effect of the order on those circumstances.

(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.

(6) A parental supervision order may order the parents of the child to do any or all of the following:

( a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,

( b) to participate in any course that is reasonably available for the improvement of parenting skills,

( c) adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable,

( d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.

(7) A parental supervision order shall be made for a period not exceeding 6 months.

(8) The court shall appoint a probation and welfare officer to supervise the parents, to assist them in complying with the order and to monitor compliance with it.

(9) When making a parental supervision order, the court shall have regard to any order it has made or is making in respect of the child concerned and, where any such order involves the supervision of the child by a probation and welfare officer, that officer shall also be appointed to supervise the child’s parents.

(10) A parental supervision order shall specify—

( a) where appropriate, the address of any place where the parents may undergo treatment or participate in any course for the improvement of parenting skills,

( b) any particular requirements of the court in relation to the control or supervision of the child,

( c) any other instructions of the court, and

( d) the period during which the order is to be in force,

and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.

(11) Where for any reason the court considers that a parental supervision order should be made in respect of one parent only, the order may provide accordingly, notwithstanding that both parents have the custody, charge or care of the child.

(12) A parent who is the subject of a parental supervision order may appeal against the order.

Non-compliance with parental supervision order.

112

112.—(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may—

( a) if the order was made by a court in the district of residence, do one or more of the following:

(i) revoke the order,

(ii) make an order under section 114 ,

(iii) if it has not already done so, make an order under section 113, or

(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,

or

( b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters which the court may take into account when making a decision pursuant to subsection (1) shall include the extent to which, and any period during which, the parents complied with the parental supervision order.

(3) Where a court proposes to exercise its powers under subsection (1), it shall summon the parents to appear before it and, if the parents do not do so, may issue a warrant for their arrest.

(4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made.

(5) The jurisdiction vested in the Children Court or the District Court in respect of those proceedings shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the district where the parental supervision order was made.

Compensation by parent or guardian.

113

113.—(1) Where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order (whether in addition to or instead of any other order), it may order that the compensation be paid by the parent or guardian of the child instead of by the child.

(2) The court may not order that the compensation be paid by a parent or guardian unless it is satisfied that a wilful failure of the parent or guardian to take care of or to control the child contributed to the child’s criminal behaviour.

(3) An order may not be made under subsection (1) without giving the parent or guardian concerned an opportunity to be heard.

(4) Any sums imposed and ordered to be paid by a parent or guardian under this section may be recovered in like manner as if the order had been made on the conviction of the parent or guardian of the offence of which the child was found guilty.

(5) In determining whether to order a parent or guardian to pay compensation in accordance with subsection (1) and in determining the amount of the compensation, the court shall have regard to the present and future means of the parent or guardian in so far as they appear or are known to the court and for that purpose the court may require the parent or guardian to give evidence as to those means and his or her financial commitments.

(6) A parent or guardian who is the subject of a compensation order may appeal against the order.

(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993 , any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.

(8) This section does not apply in relation to any person who is taking care of a child on behalf of 1 [ the 1 [ Child and Family Agency ] ].

Annotations:

Amendments:

Binding over of parent or guardian.

114

114.—(1) Where a court is satisfied of the guilt of a child it may—

( a) order the parent or guardian, with his or her consent, to enter into a recognisance to exercise proper and adequate control over the child, and

( b) if the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, treat the refusal for all purposes as if it were a contempt of court.

(2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance—

( a) for an amount exceeding £250,

( b) where the child concerned will attain the age of 18 years within a period which is less than 3 years, for a period exceeding that period, or

( c) in any other case, for a period exceeding 3 years.

(3) Any rule of law relating to the forfeiture of recognisances shall apply to an order made under this section in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace or to be of good behaviour or both.

(4) A recognisance entered into by a parent or guardian in accordance with this section may be forfeited only if—

( a) the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and

( b) the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his or her committing that offence.

(5) In fixing the amount of a recognisance under this section, the court, among other considerations, shall have regard to the present and future means of the parent or guardian concerned in so far as they appear or are known to the court and for that purpose may require the parent or guardian to give evidence as to those means and his or her financial commitments.

(6) The parent or guardian may appeal against an order under this section.

(7) The court may vary or revoke an order made by it under this section if, on the application of the parent or guardian concerned, it appears to the court, having regard to any change in circumstances since the order was made, to be in the interests of justice to do so.

(8) An order under this section shall be in addition to or instead of any other order which the court may make.

(9) No order shall be made under this section without giving the parent or guardian an opportunity of being heard.

(10) When deciding whether to make an order under this section, the court, in addition to and without prejudice to any other consideration, shall have regard to the age and level of maturity of the child.

(11) This section does not apply in relation to any person who is taking care of a child on behalf of 1 [ the 1 [ Child and Family Agency ] ].

Annotations:

Amendments:

Community sanctions

Community sanction.

115

115.—In this Part, “community sanction” means any of the orders referred to in paragraphs (a) to (j) which may be made by a court on being satisfied that a child is guilty of an offence—

( a) in the case of a child of 16 or 17 years of age, a community service order under section 3 of the Act of 1983,

( b) an order under section 118 (a day centre order),

( c) an order under section 2 of the Act of 1907 (a probation order),

( d) an order under section 124 (a probation (training or activities) order),

( e) an order under section 125 (a probation (intensive supervision) order),

( f) an order under section 126 (a probation (residential supervision) order),

( g) an order under section 129 (a suitable person (care and supervision) order),

( h) an order under section 131 (a mentor (family support) order),

( i) an order under section 133 (a restriction on movement order), or

( j) an order under section 137 (a dual order).

Imposition of community sanction.

116

116.—(1) Where a court—

( a) has considered a probation officer’s report or any other report made pursuant to this Part,

( b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report, and

( c) has given the child’s parent or guardian (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence,

it may make an order imposing on the child a community sanction, if it considers that the imposition of such a sanction would be the most suitable way of dealing with the case.

(2) Where the court intends to impose a community sanction it shall explain to the child in open court and in language appropriate to the level of understanding of the child—

( a) why a community sanction is being imposed,

( b) the terms of the sanction and any conditions to which it is being made subject,

( c) the expectation of the court that the child will be of good conduct while the community sanction is in force and the possible consequences for the child of his or her failure to comply with the sanction and any such conditions, and

( d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with the sanction and any such conditions and not commit further offences.

(3) In any case where the court has explained to the child the matters referred to in subsection (2) and the child does not express his or her willingness to comply with the proposed community sanction and any conditions to which it is being made subject, the court may, instead of imposing such a sanction, deal with the case in any other manner in which it may be dealt with.

(4) Where a child fails to comply with a community sanction or any conditions to which it is subject or where for any reason a community sanction is revoked by the court, the court shall not make an order imposing a period of detention on the child unless it is satisfied that detention is the only suitable way of dealing with the child.

Conditions to which community sanction may be made subject.

117

117.—The conditions to which a community sanction imposed on a child may be made subject include conditions—

( a) requiring the child to attend school regularly,

( b) relating to the child’s employment,

( c) aimed at preventing the child from committing further offences,

( d) relating to the child’s place of residence,

( e) relating to the child undergoing counselling or medical treatment,

( f) limiting or prohibiting the child from associating with any specified person or with persons of any specified class,

( g) limiting the child’s attendance at specified premises,

( h) prohibiting the consumption by the child of intoxicating liquor, and

( i) relating to such other matters as the court considers appropriate in relation to the child.

Day centres.

118

118.—(1) In this section—

“day centre” means a place to which subsection (2) applies;

“day centre order” means an order under subsection (5).

(2) For the purposes of this section the Minister shall provide or arrange for the provision of a sufficient number of places for use as day centres which shall be operated either by the probation and welfare service or by any body with the approval and assistance of that service.

(3) Before any place or part thereof may be used as a day centre, the 1 [ Director of the Probation and Welfare Service ] shall inspect it and, if he or she considers that the place is suitable for such use, certify in writing accordingly.

(4) A certificate under subsection (3) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the 1 [ Director of the Probation and Welfare Service ] before then on the ground that the place is no longer suitable for use as a day centre.

(5) ( a)  A court may by order direct that a child shall attend at a specified day centre for the purpose of participating in an occupation or activity, or receiving instruction, which is suitable and beneficial for him or her.

( b)  The child may participate in any such occupation or activity, or receive any such instruction, under supervision outside the day centre, and references in this section to attendance at a day centre include references to such participation or receiving outside it.

(6) The number of days a child shall be required to attend at a day centre pursuant to a day centre order shall be not more than 90, and attendance need not be on consecutive days.

(7) A child in respect of whom a day centre order has been made shall be under the supervision of a probation and welfare officer and while in attendance at a day centre shall be subject to the control, direction and supervision of the person in charge of the centre.

(8) A day centre order shall specify—

( a) the name and address of the day centre which the child shall be required to attend while the order is in force,

( b) the number of days that the child shall attend the centre,

( c) the period of time during which attendance at the centre is required, being a period not exceeding 6 months, and

( d) when and at what time the child is to report to the centre on the first occasion,

and it may specify—

(i) any programme of occupation, activity or instruction to be undertaken by the child,

(ii) such other matters with respect to the child’s attendance at the centre as the court determines, or

(iii) such of the conditions provided for in section 117 as the court considers necessary for helping to improve the child’s behaviour and to prevent him or her from committing further offences.

(9) When deciding on the number of days that the child shall attend at the day centre the court, in addition to and without prejudice to any other consideration, shall have regard to the child’s age.

(10) A day centre order shall not be made unless the court is satisfied that the day centre to be specified in it is reasonably accessible to the child concerned or that arrangements can be made for the child’s attendance at the centre, having regard to the child’s age and sex, the means of access available to him or her and any other relevant circumstances.

(11) ( a)  The times at which a child is required to attend at a day centre shall, as far as practicable, be such as to avoid interference with any training the child is receiving, any attendance at a school or other educational establishment or any employment.

( b)  The first of those times shall be a time at which the centre is available for the attendance of the child, and the subsequent days and times shall be fixed by the person in charge of the day centre, having regard to the child’s circumstances and the terms of the day centre order, without prejudice to the power of the court to direct that, as far as practicable, some of those times shall coincide with a specific event which it considers the child, for whatever reason, should refrain from taking part in or being present at.

(12) The person in charge of a day centre may, for good reason, excuse a child from attendance at the centre on a particular occasion or occasions.

(13) A child shall not, subject to subsection (14), be required to attend at a day centre on more than one occasion on any day or for more than 8 hours on any one day.

(14) Where the child participates in any occupation or activity, or receives any instruction, under supervision outside the day centre, subsection (13) shall not apply, and, where any such occupation, activity or instruction continues over more than one day, each such day shall count towards the number of days that the court has specified that the child shall attend at the centre.

(15) The person in charge of a day centre shall inform in writing the parent or guardian of the child of the days and times which the person in charge has fixed for the attendance of the child at the centre but in any case where a particular occupation, activity or instruction is arranged at short notice he or she may inform the parent or guardian orally.

(16) For the purpose of providing day centres the Minister may make arrangements, in agreement with any other Minister or any body, authority or person concerned, for the use of any premises, facilities or programmes provided by that Minister, body, authority or person.

(17) A day centre provided pursuant to arrangements made under subsection (16) may not necessarily—

( a) be called a day centre even though it is a day centre for the purposes of this section, or

( b) cater exclusively for children who have been found guilty of having committed offences.

(18) The probation and welfare service shall send a list of the day centres for the time being available for the reception of children to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(19) On making a day centre order the court shall cause certified copies of the order to be sent to—

( a) in case the order was not made by a judge of a court having jurisdiction in the district of residence, such a judge,

( b) the person in charge of the day centre concerned,

( c) the probation and welfare officer who is supervising the child, and

( d) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult in whose residence the child is residing while the order is in force.

(20) The person in charge of the day centre shall give a copy of the day centre order to the child.

Annotations:

Amendments:

Power to vary day centre order.

119

119.—(1) Where a day centre order is in force in respect of a child the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying a day centre order may—

( a) vary the day or time specified for the child’s first attendance at the relevant day centre,

( b) if the Court is satisfied that the child proposes to change or has changed his or her residence, substitute for the day centre specified in the day centre order a day centre which the Court is satisfied is reasonably accessible to the child or at which arrangements can be made for the child’s attendance, having regard to the child’s age or sex, the means of access available to him or her and any other relevant circumstances, or

( c) if the Court is satisfied that another day centre is providing a programme of occupation, activity or instruction more suited to the child’s interests, substitute that day centre for the centre specified in the day centre order if the Court is satisfied that the substituted centre is reasonably accessible to the child or it appears to it that arrangements can be made for the child’s attendance at that centre, having regard to his or her age, sex, the means of access available to the child and any other relevant circumstances.

(3) Where the Court is satisfied that the child proposes to change or has changed his or her residence and that there is no day centre reasonably accessible to the child’s new or proposed new residence, the order varying the day centre order shall not require the child to attend at a day centre but shall require him or her to remain under the supervision of a probation and welfare officer for the duration of the day centre order.

(4) Where a day centre order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

( a) the person in charge of the day centre specified in the order and of any day centre substituted for it pursuant to paragraph (b) or (c) of subsection (2),

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult in whose residence the child is residing while the day centre order, as so varied, is in force.

(5) The person in charge of the day centre shall give a copy of the day centre order, as so varied, to the child.

(6) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

Power to revoke day centre order.

120

120.—(1) Where a day centre order is in force in respect of a child and it appears to a court, on application by the child or a probation and welfare officer, that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, that the order should be revoked or that the child should be dealt with in some other way for the offence in respect of which the order was made, the court may—

( a) if the order was made by a court in the district of residence, either—

(i) revoke the order, or

(ii) revoke it and deal with the child in another way,

or

( b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The circumstances in which a day centre order may be revoked under subsection (1)(a)(i) shall include the progress the child has made, his or her satisfactory response to supervision and the discharge of any financial penalty.

(3) In dealing with a child under subsection (1)(a)(ii) a court shall take into account the extent to which the child has complied with the day centre order and any conditions to which it is subject.

(4) The jurisdiction vested in the court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the day centre order was made.

(5) Where a court proposes to exercise its powers under subsection (1) otherwise than on an application by a child, it shall summon the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

Provisions where more than one day centre order.

121

121.—(1) Where more than one day centre order is in force in respect of a child at any time, the total number of days on which attendance by the child at the day centre is required under the orders shall, notwithstanding subsections (2) and (3), not exceed 90 days.

(2) Where a court makes day centre orders in respect of two or more offences of which the child has been found guilty, it may direct that the days of attendance specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

(3) Where a court makes a day centre order and at the time of the making of the order there is in force in respect of the child another such order (whether made by the same or a different court), the court making the later order may direct in that order that the days of attendance specified therein shall be concurrent with or additional to those specified in the earlier order.

(4) In this section “attendance”, in relation to a day centre, includes participation under supervision in any occupation, activity or instruction outside the centre.

Non-compliance with day centre order.

122

122.—(1) Where a day centre order in respect of a child is in force and it appears to a court, on application by the probation and welfare officer who is supervising the child, that the child has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

( a) if the order was made by a court in the district of residence—

(i) direct the child to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and substitute another day centre order or another community sanction, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

or

( b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the day centre order or any condition to which it is subject.

(3) Where the court proposes to exercise its powers under subsection (1) , it shall summon the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

(4) The jurisdiction vested in the court under this section shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the day centre order was made.

Duties of child under day centre order.

123

123.—(1) A child in respect of whom a day centre order has been made shall be subject to the reasonable control, direction and supervision of the person in charge of a day centre, or a person authorised in that behalf by that person, while the child is—

( a) attending at a day centre or participating in any occupation or activity, or receiving any instruction, under supervision outside the centre, or

( b) travelling between the centre and a place outside the centre at which the child is directed or permitted to be.

(2) A child shall, while attending at the day centre—

( a) participate in such occupation or activities (whether physical or otherwise),

( b) attend such classes or groups of persons, or

( c) receive such instruction,

whether within or outside the centre, as the person in charge of the day centre, or a person authorised in that behalf by that person, considers to be in the interests of the child, having regard, where appropriate, to any directions of the court.

Probation (training or activities programme) order.

124

124.—(1) A court may order that a child shall undertake and complete a programme of training or specified activities in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to undertake and complete a programme recommended to the court by a probation and welfare officer as being suitable for the development of the child and as helping to prevent the child from committing further offences through the attainment of positive social values; and for the duration of the programme the child shall comply with any instructions or directions given by or under the authority of the person or body managing the programme.

(4) The programme may be managed by the probation and welfare service or by any person or body recommended to the court by the 1 [ Director of the Probation and Welfare Service ], whether or not the person or body is in receipt of any funding from the State, and it need not necessarily cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) An order under this section shall specify—

( a) the programme to be undertaken and completed by the child,

( b) the period during which the order is in force,

( c) the first occasion on which the child shall attend the place where the programme is being organised so as to enable the person in charge of the programme to inform the child of the details of the programme, including the length of time it will take to complete, and

( d) any other conditions that the child is required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(7) Before making an order under this section the court shall be satisfied—

( a) that a programme which is suitable for and reasonably accessible to the child is available,

( b) that the child would benefit from it, and

( c) where the programme is not managed by the probation and welfare service, that the person or body managing it agrees to accept the child.

(8) The court shall cause certified copies of its order to be sent to—

( a) the person or body in charge of the programme,

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult with whom the child is residing while the order is in force.

(9) The person in charge of the programme shall give a copy of the order to the child.

Annotations:

Amendments:

Probation (intensive supervision) order.

125

125.—(1) A court may order that a child shall undergo intensive supervision in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance—

( a) to remain under the intensive supervision of a probation and welfare officer,

( b) to reside at a specified residence during the period of intensive supervision, and

( c) to undertake and complete an education or training programme, or to undergo a course of treatment, recommended to the court by a probation and welfare officer.

(4) Any such programme may be managed by the probation and welfare service or by any person or body recommended to the court by the 1 [ Director of the Probation and Welfare Service ], whether or not the person or body is in receipt of any funding from the State, and it need not cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) Subject to subsection (7), the period of intensive supervision shall—

( a) commence on a date to be determined by the probation and welfare officer supervising the child,

( b) not exceed 180 days, and

( c) where it exceeds 90 days, be subject to review by the court after it has been in operation for 60 days.

(7) On a review of a period of intensive supervision in accordance with subsection (6)(c), the court, having heard the child, his or her parents or guardian and the probation and welfare officer supervising the child, may—

( a) reduce the period to 90 days, or

( b) affirm it.

(8) During the time the order is in force the child shall comply with any instructions and directions given by the supervising probation and welfare officer.

(9) An order under this section shall specify—

( a) the education or training programme to be undertaken and completed, or the course of treatment to be undergone, by the child concerned while the order is in force,

( b) the period during which the order is in force,

( c) the residence where the child is to reside while the order is in force, being the residence of the child’s parents or guardian or, where that residence is not suitable or is unavailable for any reason, the residence of an adult recommended for that purpose by the probation and welfare service,

( d) the name of the probation and welfare officer under whose supervision the child is to be placed and any provisions relating to the intensity of that supervision that the court considers appropriate, and

( e) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(10) Before making an order under this section the court shall be satisfied—

( a) that a probation and welfare officer is available for the intensive supervision of the child, and

( b) that the child would benefit from that supervision and the programme or course of treatment referred to in subsection (3)(c) .

(11) The court shall cause certified copies of its order to be sent to—

( a) the person in charge of the programme or course of treatment,

( b) the probation and welfare officer who is supervising the child, and

( c) the parent or guardian of the child or, as appropriate, another adult with whom the child is residing while the order is in force.

(12) The person in charge of the programme or course of treatment shall give a copy of the order to the child.

Annotations:

Amendments:

Probation (residential supervision) order.

126

126.—(1) A court may order that a child shall reside in a hostel residence in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to reside in any hostel residence provided by the probation and welfare service or recommended to the court by a probation and welfare officer on days to be determined by the probation and welfare officer supervising the child.

(4) A residence shall not be used as a hostel residence unless the 1 [ Director of the Probation and Welfare Service ] has inspected it and a certificate by him or her that it is suitable for such use is in force.

(5) A certificate under subsection (4) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the 1 [ Director of the Probation and Welfare Service ] before then on the ground that the residence is no longer suitable for use as a hostel residence.

(6) Where a hostel residence is not provided by the probation and welfare service, the agreement of the person or body providing it shall be required before an order is made under this section.

(7) An order under this section shall specify—

( a) the period, not exceeding one year, during which the order is in force,

( b) the name and address of the hostel residence concerned, and

( c) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(8) The child shall, while in the hostel residence, be subject to the control, direction and supervision of the person in charge of the residence.

(9) Subject to subsection (10), an order shall not be made under this section unless the court is satisfied that the hostel residence specified in it is reasonably close to the child’s usual place of residence or to any place where the child is receiving education or training or is employed, and the court, in making such an order, shall have regard to the child’s age, sex, means of access to his or her usual residence or any such place and any other relevant circumstances.

(10) Where the court is of opinion that it would be in the interests of a child to specify in the order a hostel residence that is not reasonably close to the child’s usual place of residence and a suitable such hostel residence is available, it may specify that hostel in the order.

(11) The person in charge of the hostel residence, in consultation with the probation and welfare officer supervising a child, shall decide the times at which the child shall be required to be in the hostel, having regard to the child’s education, training or employment commitments and any other relevant circumstances, and any non-compliance with those times by the child, without good reason, shall be regarded as a breach of the order under this section.

(12) The court shall cause certified copies of its order to be sent to—

( a) the person in charge of the hostel residence concerned,

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child or, as appropriate, another adult with whom the child has been residing.

(13) The person in charge of the hostel residence shall give a copy of the order to the child.

Annotations:

Amendments:

Power to vary probation (residential supervision) order.

127

127.—(1) Where an order under section 126 is in force in respect of a child, the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying such an order may—

( a) if the hostel residence specified in the order no longer complies with the requirements of section 126(9) , substitute for that hostel residence another hostel residence which complies with those requirements,

( b) in the case of a hostel residence specified in an order under section 126(10) , substitute for the hostel residence so specified a hostel residence which complies with the requirements of section 126(9) , if it appears to the Court that it would be in the interests of the child to reside in such a hostel residence.

(3) Where an order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

( a) the person in charge of each hostel residence referred to in the order,

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child or, as appropriate, another adult with whom the child was residing immediately before the order under section 126 was made.

(4) The person in charge of the hostel residence specified in the order under section 126 shall give a copy of the order, as so varied, to the child.

(5) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

Failure to observe conditions of probation.

128

128.—(1) If a person who has failed to observe any condition of a recognisance under section 6 of the Act of 1907 is a child, the court may, in addition to its powers under that section—

( a) direct the child to comply with the condition in so far as it has not been complied with, or

( b) revoke the order and substitute another community sanction.

(2) Subsection (1) shall not apply to any recognisance under the Act of 1907 which was entered into before the commencement of this section.

Suitable person (care and supervision) order.

129

129.—(1) A court may by order assign a child to the care of a person, including a relative of the child concerned (a “suitable person”), in accordance with the provisions of this section.

(2) The court shall not make an order under this section unless the parents or guardian of the child have consented in writing to its being made and a probation and welfare officer has informed the court that a suitable person is available.

(3) An order under this section shall specify that the child shall ordinarily reside in the residence of the suitable person and shall also specify the period, not exceeding 2 years, for which the child shall so reside.

(4) While the order is in force the suitable person shall have the like control over the child as if he or she were the child’s parent or guardian and shall do what is reasonable in all the circumstances of the case to safeguard or promote the child’s health, development and welfare.

(5) The child shall be under the supervision of a probation and welfare officer while the order is in force.

(6) The order may specify such of the conditions provided for in section 117 as it considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(7) The court shall cause certified copies of its order to be sent to—

( a) where the order is not made by a judge of the court assigned to the district in which the suitable person resides, that judge,

( b) the parents or guardian of the child, and

( c) the probation and welfare officer who is supervising the child.

(8) The probation and welfare officer who is supervising the child shall give a copy of the order to the suitable person and the child.

(9) Where—

( a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force—

(i) would not be in the interests of the suitable person or the child, or

(ii) is no longer necessary because of the progress made by the child,

( b) the parents or guardian of the child notify the court in writing that they are withdrawing their consent to the making of the order, or

( c) the suitable person applies to the court to have the order revoked,

the court may, having regard to the period for which the order was in force and any other relevant circumstances—

(i) revoke the order,

(ii) revoke it and substitute another community sanction, or

(iii) revoke it and deal with the case in any other way in which it could have been dealt with before the order was made.

Non-compliance with suitable person (care and supervision) order.

130

130.—(1) Where an order under section 129 is in force and it appears to the court which made the order, on application by the probation and welfare officer who is supervising the child concerned, that the child has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

( a) direct the child to comply with the order or any such condition in so far as it has not been complied with,

( b) revoke the order and substitute another order under section 129 or another community sanction, or

( c) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made.

(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the order in question and any conditions to which it is subject.

(3) Where the court proposes to exercise its powers under subsection (1) , it shall summon the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

Mentor (family support) order.

131

131.—(1) A court may by order assign a child to a person, including a relative of the child concerned (a “mentor”), to help, advise and support the child and the child’s family in its efforts to prevent the child from committing further offences and to monitor the child’s behaviour generally.

(2) An order under this section shall specify the period, not exceeding 2 years, during which the order shall remain in force and also specify that the child shall live with his or her parents or guardian at their normal place of residence during that period.

(3) A child in respect of whom an order under this section has been made shall, while the order is in force, be under the supervision of a probation and welfare officer who, in addition to his or her duty to supervise the child, shall help and advise the mentor in supporting the child and the child’s family in its efforts to prevent the child from committing further offences.

(4) The court shall not make an order under this section unless—

( a) a probation and welfare officer has informed the court that a mentor is available, and

( b) the child and the child’s parents or guardian consent to the making of the order and agree to cooperate with the mentor in accordance with its terms.

(5) The order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(6) The court shall cause certified copies of its order to be sent to—

( a) the parents or guardian of the child, and

( b) the probation and welfare officer who is supervising the child.

(7) The probation and welfare officer who is supervising the child shall give a copy of the order to the mentor and to the child.

(8) Where—

( a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force—

(i) would not be in the interests of the mentor or the child, or

(ii) is no longer necessary because of the progress made by the child;

( b) the parents or guardian of the child notify the court in writing that they are withdrawing their consent to the making of the order; or

( c) the mentor applies to the court to have the order revoked,

the court may, having regard to the period for which the order was in force and any other relevant circumstances—

(i) revoke the order,

(ii) revoke it and substitute another community sanction, or

(iii) revoke it and deal with the case in any other way in which it could have been dealt with before the order was made.

Non-compliance with mentor (family support) order.

132

132. Section 130 shall apply, with any necessary modifications, to non-compliance with an order under section 131 , or with any condition to which it is subject, as if for the references in section 130 to an order there were substituted references to an order under section 131 .

Restriction on movement order.

133

133.—(1) A court may make either or both of the following orders in relation to a child:

( a) an order that the child shall be at a specified residence between specified times during the period commencing at 7.00 p.m. on each day and ending at 6.00 a.m. on each following day,

( b) an order that the child shall stay away from any specified premises, place or locality during specified days or between specified times,

while the relevant order is in force.

(2) An order under subsection (1)(a) shall state—

( a) the period, not exceeding 6 months, during which it is in force, and

( b) the times between which the child concerned shall be at the specified residence.

(3) An order under subsection (1)(b) shall state—

( a) the period, not exceeding 12 months, during which it is in force, and

( b) the days on which or the times between which the child concerned shall stay away from the specified premises, place or locality.

(4) An order under this section may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(5) In determining for the purposes of subsection (1)(a) the times between which a child shall be at a specified residence the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty and any educational course, training or other activity in which the child is participating, and it shall ensure, as far as practicable, that those times do not conflict with the practice by the child of his or her religion.

(6) In determining for the purposes of subsection (1)(b) the premises, place or locality, and the days or times, to be specified in an order under that subsection, the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty, the day or time that the child committed the offence, the place where the offence was committed and the likelihood of the child committing another offence in the same or similar premises, place or locality.

(7) The court shall cause certified copies of its order to be sent to—

( a) the child concerned,

( b) the child’s parents or guardian or, where the residence specified in the order is not that of the parents or guardian, an adult living in the residence so specified,

( c) where the order has not been made by a judge of the court assigned to the district in which the child is to reside, such a judge, and

( d) the member in charge of the Garda Síochána station for the area where the child is to reside.

(8) An order under subsection (1)(b) may relate to one or more than one premises, place or locality.

Variation of restriction on movement order.

134

134.—(1) Where an order under section 133 is in force, the Children Court may, if it so thinks proper, on application by the child concerned or his or her parent or guardian or, where appropriate, an adult living in the residence specified in the order, vary the order by substituting another time or day or another residence for the time, day or residence specified in the order.

(2) The Court shall cause certified copies of the order as so varied to be sent to—

( a) the child concerned,

( b) the child’s parents or guardian or, where the residence specified in the order is not that of the parents or guardian, an adult living in the residence so specified, and

( c) the member in charge of the Garda Síochána for the area where the child is to reside and, where appropriate, the area where the child was residing pursuant to the order under section 133 .

(3) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

Provisions regarding more than one restriction on movement order.

135

135.—(1) Where more than one order under section 133(1)(a) is in force in respect of a child at any time, the period during which a child is required to be at a specified residence shall, notwithstanding subsections (2) and (3), not exceed 6 months.

(2) Where a court makes orders under section 133(1)(a) in respect of two or more offences of which the child concerned has been found guilty, it may direct that the period for which the child is required by any of these orders to be at a specified residence shall be concurrent with or additional to that specified in any other of those orders.

(3) Where a court makes an order under section 133(1)(a) and at the time of the making of the order there is in force in respect of the child concerned another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the child is required by that order to be at a specified residence shall be concurrent with or additional to that specified in the earlier order.

Non-compliance with restriction on movement order.

136

136.1 [ (1) A member of the Garda S í och á na who finds a child in breach of an order under section 133 or of any condition to which it is subject may arrest the child without warrant.

(1A) Where it appears to a court that a child has failed, without reasonable cause, to comply with such an order or any condition to which it is subject, it may

( a ) if the order was made by a court in the district of residence

(i) direct the child to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and substitute another order under section 133 or another community sanction, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

or

( b ) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph ( a ) shall apply in relation to that court, with the necessary modifications. ]

(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the order in question or any condition to which it is subject.

(3) 1 [ ]

(4) The jurisdiction vested in the court under this section shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the order under section 133 was made.

Annotations:

Amendments:

Dual order.

137

137.—(1) In this section “dual order” means an order which requires a child either—

( a) to be under the supervision of a probation and welfare officer for a specified period, or

( b) to attend at a day centre for a specified period not exceeding 90 days,

and which also restricts the child’s movements for a specified period not exceeding 6 months.

(2) The court may make a dual order where it is of opinion that neither supervision by a probation and welfare officer nor attendance at a day centre, including any conditions to which such supervision or attendance would be made subject, would of itself adequately reduce the likelihood of the child committing further offences.

(3) A dual order shall be deemed for all purposes—

( a) in so far as it imposes a requirement mentioned in subsection (1)(a) , to be a probation order,

( b) in so far as it imposes a requirement mentioned in subsection (1)(b) , to be a day centre order, and

( c) in so far as it restricts a child’s movements, to be an order under section 133 .

Expiry of community sanction.

138

138.—Every community sanction, other than an order under section 3 of the Act of 1983, shall, unless it sooner expires or the context otherwise requires, expire 6 months after the child in respect of whom the order was made attains the age of 18 years.

Commission of offence while community sanction in force.

139

139.—Where the court finds a child guilty of an offence, and the child is at that time subject to an order imposing a community sanction, the court may, in addition to or instead of any other powers available to it and subject to the provisions of this Part—

( a) revoke the order and make such other order imposing a community sanction on the child as the court thinks fit, or

( b) in addition to the order to which the child is already subject, make such other order as is mentioned in paragraph (a).

Effect of subsequent period of detention.

140

140.—An order which imposes a community sanction on a child for an offence and which is in force shall cease to be in force on the child commencing a period of detention for another offence.

Regulations.

141

141.—(1) The following matters may be prescribed:

( a) measures to prevent any risk to the health or welfare of any child on whom a community sanction has been imposed,

( b) procedures to be followed by a probation and welfare officer or any other person involved in supervising any such child,

( c) records to be kept in relation to any such child,

( d) such other matters (if any) as may be necessary or expedient for the purpose of enabling community sanctions to have full effect and for their due administration.

(2) The following matters may also be prescribed:

( a) the conditions under which children may be placed with suitable persons and under which mentors (within the meaning of section 131 ) may be assigned to support children and their families;

( b) the form of contract to be entered into by the 1 [ Director of the Probation and Welfare Service ] with suitable persons and mentors;

( c) the supervision by a probation and welfare officer of—

(i) children placed with suitable persons and visits by the children to, and other contacts with, their parents or guardians and other members of their families and relatives,

(ii) children to whom mentors have been assigned under section 131 ;

and

( d) such other matters in relation to—

(i) placing children in the care of suitable persons by the court under section 129 ,

(ii) regulating the powers, duties and functions of suitable persons and mentors under sections 129 and 131 respectively, and

(iii) securing generally the welfare of such children and their future good behaviour,

as may be necessary for the purposes of enabling sections 129 to 132 to have full effect.

Annotations:

Amendments:

Detention

Detention orders.

142

142.—A court may, in accordance with this Part, by order (in this Part referred to as a “children detention order”) impose on a child a period of detention in a children detention school 1 [ ] specified in the order.

Annotations:

Amendments:

Restriction on detention orders.

143

143.—(1) The court shall not make an order imposing a period of detention on a child unless it is satisfied that detention is the only suitable way of dealing with the child and 1 [ ] that a place in a children detention school is available for him or her.

(2) Where an order is made under subsection (1), the court making the order shall give its reasons for doing so in open court.

Annotations:

Amendments:

Modifications (not altering text):

C20

Prospective affecting provision: subs. (2) amended by Children (Amendment) Act 2015 (30/2015), s. 8, not commenced as of date of revision.

(2) Where an order is made under subsection (1), the court making the order shall give its reasons for doing so in open court 1 [ in language that is appropriate to the age and level of understanding of the child concerned ].

Deferment of detention order.

144

144.—(1) Without prejudice to section 145 , where a court—

( a) has considered a probation officer’s report or any other report made pursuant to this Part,

( b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report,

( c) has given the parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence, and

( d) is of opinion that the appropriate way of dealing with the child would be to make a children detention order,

it may defer making the order, in accordance with the provisions of this section, if a place is not available for the child in a children detention school or for any other sufficient reason.

(2) The court shall defer the making of a children detention order only if the court is satisfied that, having regard to the nature of the offence and the age, level of understanding, character and circumstances of the child concerned, it would be in the interests of justice to defer the making of the order.

(3) Where the making of a children detention order is deferred, the court shall adjourn the hearing and order that the child concerned be placed under the supervision of a probation and welfare officer.

(4) In case the making of the order has been deferred because a place for the child is not available in a children detention school, the court shall order that the Director of that school shall apply to the court to make the children detention order when such a place becomes available.

(5) In any other case, the court shall state in open court—

( a) the period of detention that is being deferred,

( b) the date of the resumed court hearing, and

( c) that the court will take into account at that hearing the information in the probation and welfare officer’s report concerning the child’s conduct in the meantime and the other matters mentioned in subsection (7)(b).

(6) The court shall also explain to the child in open court in language appropriate to the level of understanding of the child—

( a) why the making of the children detention order is being deferred and for what period,

( b) any of the conditions referred to in section 117 which the court suggests should be complied with by the child during that period,

( c) the expectation of the court that the child will be of good conduct during that period and the possible consequences for the child of his or her failure to comply with any such conditions, and

( d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with any such conditions and not commit further offences.

(7) ( a)  The probation and welfare officer under whose supervision the child has been placed shall prepare a report on the child for consideration by the court at the resumed hearing.

( b)  The report shall contain information on the child’s conduct after the finding of guilt, including the extent to which the child has complied with any conditions suggested by the court, on any change in the child’s circumstances and on any reparation by the child to the victim, together with any other information which the officer considers to be relevant.

( c)  The officer shall make all reasonable endeavours to ensure that the report is lodged with the clerk or other proper officer of the court at least 4 working days before the date of the resumed hearing.

(8) The resumed court hearing shall take place not later than one year from the date of the adjourned hearing and may take place notwithstanding that the child has attained the age of 18 years in the meantime.

(9) At the resumed hearing the court shall consider the report prepared by the probation and welfare officer and, if the court thinks it necessary, hear evidence from the officer and shall by order—

( a) impose the period of detention which it had deferred or any shorter period,

( b) suspend the whole or any portion of a period of detention so imposed, or

( c) impose a community sanction appropriate to the age of the child concerned,

and shall explain to the child in open court the reasons for its decision in language that the child understands.

(10) Where—

( a) the Director of a children detention school applies to the court pursuant to an order under subsection (4), and

( b) the court proposes to make a children detention order,

it may issue a summons requiring the child to appear before it and, if the child does not appear in answer to the summons, may issue a warrant for his or her arrest.

(11) Where the making of a children detention order has been deferred under this section it may not be further so deferred.

Alternative to detention where no place available in children detention school.

145

145.—Where—

( a) a court would impose a period of detention on a child 1 [ ] if a place were available for the child in a children detention school,

( b) such a place is not available, and

( c) the court is satisfied that it would not be appropriate in the particular case to defer making a children detention order,

it may make, instead of a children detention order, an order imposing on the child the community sanction it considers most appropriate for the child.

Annotations:

Amendments:

Finding of guilt during deferment.

146

146.—A court which has deferred the making of a children detention order in relation to a child pursuant to section 144

( a) may make the order before the expiration of the period of deferment if during that period the child is found guilty of any offence, and

( b) where it proposes to make such an order, whether on the date originally specified by the court or by virtue of paragraph (a) before that date, may issue a summons requiring the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

Detention in accordance with age of child.

147

147.

1 [ ]

Annotations:

Amendments:

Document to be produced to Director of children detention school.

148

148.—Where a child is ordered to be detained in a children detention school, a certified copy of the order shall be delivered with the child to the Director of the children detention school specified in the order and shall be sufficient authority for the detention of the child in the school for that period.

1 [ Period of detention in children detention school.

149

149. Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence. ]

Annotations:

Amendments:

Modifications (not altering text):

C21

Prospective affecting provision: section substituted by Children (Amendment ) Act 2015 (30/2015), s. 9, not commenced as of date of revision.

1 [ Provisions regarding period of detention imposed by court

149. (1) Where a child is convicted of an offence and a period of detention is imposed on the child by a court, the period of detention shall not exceed the term of detention or imprisonment that the court could have imposed on a person of full age and capacity who is convicted of such an offence.

(2) Where a court imposes a period of detention exceeding 3 years on a child, it shall give its reasons for doing so in open court in language that is appropriate to the age and level of understanding of the child. ]

Places of detention.

150

150.

1 [ ]

Annotations:

Amendments:

Detention and supervision.

151

151.—(1) Where a court is satisfied that detention is the only suitable way of dealing with a child 1 [ ], it may, instead of making a children detention order, make a detention and supervision order.

(2) A detention and supervision order shall provide for detention in a 1 [ children detention school ] followed by supervision in the community.

(3) Subject to subsection (4), half of the period for which a detention and supervision order is in force shall be spent by the child in detention in a 1 [ children detention school ] and half under supervision in the community.

(4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 or 3 of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child’s release.

(5) The supervision provided for in this section shall be by a probation and welfare officer.

(6) A detention and supervision order, in so far as it relates to detention, shall be deemed for all purposes to be a children detention order.

(7) A detention and supervision order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that the child concerned would be of good behaviour and for reducing the likelihood of the child’s committing any further offences.

(8) Section 130 shall apply, with any necessary modifications, to non-compliance with a detention and supervision order, or with any condition to which it is subject, as if for the references to an order in that section there were substituted references to a detention and supervision order.

Annotations:

Amendments:

Modifications (not altering text):

C22

Prospective affecting provision: subs. (4) amended by Children (Amendment) Act 2015 (30/2015), s. 10, not commenced as of date of revision.

(4) Where the child is released from detention 1 [ on being granted remission of portion of his or her period of detention in a children detention school pursuant to regulations made under section 221 , ] 1 [ ] supervision of the child in the community under the order shall be deemed to commence on the child’s release.

Transfer.

152

152.

1 [ ]

Annotations:

Amendments:

Rules governing places of detention.

153

153.

1 [ ]

Annotations:

Amendments:

Amendment of Criminal Justice (Community Service) Act, 1983.

154

154.—Section 2 of the Act of 1983 is hereby amended by the insertion of the following after “Saint Patrick’s Institution”—

1 [ ] or in a children detention school”.

Annotations:

Amendments:

1 [ Persons who attain 18 years of age while detained

155

155. (1) Where

(a) a person is detained in a children detention school on foot of a children detention order following conviction for an offence, and

(b) the person s 18th birthday (which in this section shall be known as the relevant date ) will occur before the period of detention specified in the order expires,

that person shall serve any period of detention remaining to be served on the relevant date in a place that shall be determined in accordance with this section.

(2) The Director shall, before the relevant date, request the Minister for Children and Youth Affairs to authorise, under subsection (3), the transfer of a person referred to in subsection (1) on the relevant date or not later than 7 days from that date.

(3) On receiving a request under subsection (2) , the Minister for Children and Youth Affairs shall, before the relevant date and after consultation with the Minister, authorise the transfer of the person to such

(a) place of detention provided under section 2 of the Act of 1970, or

(b) prison,

as the Minister for Children and Youth Affairs, having consulted with the Minister, considers appropriate, to serve the period of detention that remains to be served by that person on the date that he or she is transferred.

(4) On receiving an authorisation under subsection (3), the Director shall transfer the person to the place of detention or prison concerned on the relevant date or not later than 7 days from that date.

(5) Notwithstanding subsections (2) , (3) and (4) , if

(a) a person is engaged in a course of education or training in the children detention school, or

(b) the period of detention remaining to be served by a person in the children detention school on the relevant date is 6 months or less,

the Director may, instead of making a request under subsection (2) , determine that the person shall continue to be detained in the children detention school for a period not exceeding 6 months from the relevant date.

(6) Where a Director has made a determination under subsection (5) that a person shall continue to be detained in a children detention school for a period not exceeding 6 months from the relevant date and

(a) before the period has elapsed, the person

(i) completes the course of education or training to which paragraph (a) of that subsection refers, or

(ii) ceases to be engaged in the course of education or training concerned,

or

(b) the period is about to elapse,

the Director shall, or in the case of a cessation of engagement referred to in paragraph (a) (ii) , may, where a period of detention remains to be served by the person, make a request under subsection (2) as soon as may be in respect of that person and in such case, reference in subsections (2) and (3) to before the relevant date shall be construed as as soon as may be and reference in subsections (2) and (4) to on the relevant date shall be construed as a reference to the day after the date of authorisation by the Minister for Children and Youth Affairs under subsection (3) .

(7) Notwithstanding any provision to the contrary contained in any enactment, a child shall not be transferred from a children detention school to a place of detention provided under section 2 of the Act of 1970 or to a prison.

(8) In this section

Director means the Director, within the meaning of section 180 , of the children detention school in which a person referred to in subsection (1) is detained before the relevant date;

enactment has the same meaning as it has in the Interpretation Act 2005 . ]

Annotations:

Amendments:

Editorial Notes:

E25

Previous affecting provisions: section amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 142, S.I. No. 65 of 2007; substituted as per F-note above.

Restriction on punishment of children.

156

156.—No court shall pass a sentence of imprisonment on a child or commit a child to prison.

1 [ Transitional provision.

156A.

156A. 1 [ ] ]

Annotations:

Amendments:

1 [ Application of Prisons Acts, etc. rules to children detention schools.

156B.
156B

156B. 1 [ ] ]

Annotations:

Amendments:

PART 10

Children Detention Schools

General

Annotations:

Amendments:

Modifications (not altering text):

C23

Functions transferred and terms “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2012) by Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.

2.— (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Children and Youth Affairs.

3. —(1) The functions vested in the Minister for Justice and Equality by or under—

(a) section 88 (other than subsections (12) and (13)), and

(b) Part 10,

of the Children Act 2001 (No. 24 of 2001) are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Children and Youth Affairs.

...

C24

Interpretation ( Part 10).

157

157.—In this Part, unless the context otherwise requires—

“Act of 1908” means the Children Act, 1908;

1 [ amalgamation date has the meaning assigned to it by section 163A ;

amalgamation order has the meaning assigned to it by section 163A ;

amalgamated school is a children detention school that is formed by the amalgamation of 2 or more children detention schools pursuant to an amalgamation order;

Appeal Tribunal shall be construed in accordance with section 201D ;

approved absence means the absence of a child from a children detention school under section 202 , 203 , 204 , 205 or 207 , as the case may be; ]

1 [ authorised person means a person authorised by the Minister under section 185; ]

“board of management” has the meaning assigned to it by section 164 ;

1 [ child means

(a) a person under the age of 18 years in relation to whom a children detention order is in force,

(b) a person of 18 years or over in relation to whom a children detention order is in force and in relation to whom the Director of a children detention school has made a determination under section 155(5) that is in force, or

(c) for the purposes of any provision of this Part that applies to a person remanded under section 88 to a remand centre situated in a children detention school, a person who has been so remanded. ]

“Director” means a person appointed under section 180 as Director of a children detention school or, as the case may be, of more than one such school;

1 [ disciplinary breach has the meaning assigned to it by section 201 ;

Inspector has the meaning assigned to it by section 186A ;

Minister means the Minister for Children and Youth Affairs; ]

1 [ ]

1 [ ]

“responsible person”, in relation to a child, means a relative of the child or a person in whose care the child is placed under this Act;

1 [ staff does not include teaching staff; ]

“supervision in the community” has the meaning assigned to it by section 207 .

Annotations:

Amendments:

Principal object of children detention schools.

158

158.—It shall be the principal object of children detention schools to provide appropriate 1 [ appropriate educational, training and other programmes and facilities ] for children referred to them by a court and, by—

( a) having regard to their health, safety, welfare and interests, including their physical, psychological and emotional wellbeing,

( b) providing proper care, guidance and supervision for them,

( c) preserving and developing satisfactory relationships between them and their families,

( d) exercising proper moral and disciplinary influences on them, and

( e) recognising the personal, cultural and linguistic identity of each of them,

to promote their reintegration into society and prepare them to take their place in the community as persons who observe the law and are capable of making a positive and productive contribution to society.

Annotations:

Amendments:

159

1 [ Certified schools under Act of 1908.

159. (1) Subject to subsection (2) , a certified reformatory school or industrial school under Part IV of the Act of 1908 shall, with the agreement of the Minister and the Minister for Education and Science, become a children detention school on the commencement of this section in relation to it.

(2) A certified industrial school under that Part shall, with the agreement of the Minister for Education and Science and the Minister for Health and Children and on the commencement of this section in relation to it, become premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care.

(3) On the commencement of this section in relation to a certified reformatory school or industrial school the functions relating to which stood vested in the Minister for Education and Science (other than the function of providing education and training and related programmes for children detained in it) immediately before such commencement, such functions shall

( a ) if the school becomes a children detention school, be vested in the Minister, or

( b ) in the case referred to in subsection (2) , be vested in the Health Service Executive.

(4) The lawfulness of the detention, and the period of detention, of a child who is detained in a certified reformatory or industrial school is not affected by the commencement of this section in relation to it.

(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991. ]

Annotations:

Amendments:

1 [ Education of children in children detention school, residential centres, etc.

159A.

159A. (1) In this section

Inspector and recognised school have the meanings given to them in section 2 of the Education Act 1998;

transferred premises means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the 1 [ Child and Family Agency ] under section 38(2) of the Act of 1991;

1 [ ]

(2) Any recognised school forming part of transferred premises is dissolved.

(3) A 1 [ An education and training board ] in whose functional area transferred premises are situated shall provide for the education of children in those premises.

(4) Without prejudice to the generality of subsection (3), each 1 [ education and training board ] shall, in respect of any such premises

( a ) plan, coordinate and review the provision of education and services ancillary thereto,

( b ) ensure that the education provided therein meets the requirements of education policy as determined from time to