Children Act 2001

Escape.

215

215.—(1) A child who has been ordered by a court to be detained in a children detention school and who—

( a) escapes while being conveyed to or from the school, or

( b) escapes or is otherwise absent without permission from the school or from any hospital or other institution in which the child is receiving medical attention,

shall commit the offence of escape from lawful custody and may at F194 [ any time, including on or after his or her 18th birthday, ] be arrested by a member of the Garda Síochána without warrant and returned to the school or, as the case may be, to the hospital or other institution concerned.

(2) F194 [ A person guilty of an offence under subsection (1) shall be liable, on summary conviction, to detention or imprisonment for a term not exceeding 3 months. ]

(3) F195 [ ]

(4) Where a person who is found guilty of an offence under subsection (1) is 18 years of age or more, any period of detention imposed on him or her shall be served in a place of detention provided under section 2 of the Act of 1970 or in a prison.

F196 [ (4A) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda S í och á na pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned and the person had attained the age of 18 years during the period of his or her escape but is below the age of 18 years and 6 months on the date of his or her return

(a) subject to section 11(2) of the Children (Amendment) Act 2015, section 155 (other than subsections (1) and (7) ) shall, with any necessary modifications, apply to that person,

(b) reference in subsections (2) and (3) of section 155 to before the relevant date shall be construed as as soon as may be , and

(c) reference in subsections (2) and (4) of section 155 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) of section 155 .

(4B) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda S í och á na pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned, and the person before his or her escape had been detained pursuant to section 155 and is below the age of 18 years and 6 months on the date of his or her return, the Director of the children detention school in which the person had been detained prior to his or her escape may as he or she considers appropriate

(a) request the Minister to authorise a transfer of the person to a prison or a place of detention provided under section 2 of the Act of 1970, and in such a case paragraphs (b) and (c) of subsection (4C) shall apply, or

(b) make a new determination under section 155(5) in respect of the person and in such case, subsections (6) and (8) of section 155 shall apply with any necessary modifications.

(4C) Where a person escapes from lawful custody within the meaning of subsection (1) and attains the age of 18 years and 6 months during the period of his or her escape

(a) the Director of the children detention school in which the person had been detained prior to his or her escape shall, as soon as may be, request the Minister to authorise the transfer of the person under paragraph (b) ,

(b) on receiving a request under paragraph (a) , the Minister shall, as soon as may be and after consultation with the Minister for Justice and Equality, authorise the transfer of the person to such

(i) place of detention provided under section 2 of the Act of 1970, or

(ii) prison,

as the Minister, having consulted with the Minister for Justice and Equality, considers appropriate, to serve the period of detention remaining to be served by that person on the date of his or her escape, and

(c) on the return of the person to the children detention school, hospital or other institution concerned, whether on foot of an arrest by a member of the Garda S í och á na pursuant to subsection (1) or otherwise, the Director shall, as soon as may be, transfer the person to the place of detention or prison pursuant to the authorisation under paragraph (b) . ]

(5) In calculating the period during which a person who, having escaped, is thereafter liable to be F194 [ detained in a children detention school, or in a prison or place of detention if the person is transferred under this section ], the period during which he or she was absent from the children detention school shall not be reckoned as part of the person’s period of detention in the school.

(6) Subject to the foregoing provisions of this section, an escape from a children detention school may be treated as a breach of the discipline of the school.

Annotations:

Amendments:

F194

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 23(a), (b) and (d), S.I. No. 539 of 2015.

F195

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 155(b), S.I. No. 65 of 2007.

F196

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 23(c), S.I. No. 539 of 2015.

Editorial Notes:

E34

Previous affecting provision: subs. (2) substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 155(a), S.I. No. 65 of 2007; substituted as per F-note above.