Children Act 2001

201A

F176 [ Sanctions for disciplinary breach

201A. ... ]

Annotations:

Amendments:

F176

Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.

F176 [ 201A. (1) If at the conclusion of an inquiry under section 201 (amended by section 18 of the Children (Amendment) Act 2015), the Director of the children detention school concerned finds that a child has committed a disciplinary breach, the Director may impose such one or more of the following sanctions as he or she considers appropriate:

(a) caution;

(b) reprimand;

(c) prohibition, for a period not exceeding 60 days, on

(i) engaging in specified recreational activities, or

(ii) possessing specified articles or articles of a specified class, the possession of which is permitted as a privilege;

(d) forfeiture of such sum (or portion of a sum) of pocket money as is provided to the child by the board of management;

(e) forfeiture of not more than 14 days remission of portion of the child s period of detention on foot of a children detention order,

and the Director shall inform the child of the finding and if a sanction has been imposed, the imposition of the sanction, as soon as may be.

(2) The Director may suspend, subject to such conditions as he or she may specify, the operation of the whole or any part of a sanction so imposed (other than a sanction of forfeiture of remission) for a period not exceeding 3 months from the date the child is informed under subsection (1) of the finding and the imposition of a sanction, if any.

(3) If any condition to which a suspension is subject is not complied with during the period of suspension, the Director may direct

(a) that the sanction shall take effect either forthwith or from a specified date, or

(b) that it be abated in a specified manner and, as so abated, so take effect.

(4) If any such conditions are complied with during the period of suspension, the sanction ceases to have effect at the end of that period.

(5) The Director may restore all or any part of any remission of portion of a period of detention forfeited by a child under this section if

(a) he or she considers that its restoration is justified by the child s good performance over a period of time, or

(b) the child has, in the opinion of the Director, performed an exceptionally meritorious act.

(6) Nothing in this section shall prevent the Director taking immediate provisional or protective measures to maintain order and discipline or the security of the children detention school.

(7) When the Director informs a child under subsection (1) of a finding that the child has committed a disciplinary breach and whether or not the Director imposes a sanction on the child under that subsection in respect of the disciplinary breach, the Director shall explain in ordinary language to the child the content of section 201B(1) and, if any sanction imposed consists of or includes forfeiture of remission of portion of his or her period of detention, of section 201C(1) .

(8) Notwithstanding the imposition on a child of a sanction under subsection (1) , the child may be

(a) permitted to be on an approved absence,

(b) ordered to be released under section 209 , or

(c) ordered to be discharged under section 210 . ]