Children Act 2001

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 F54[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:

F54

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 4, S.I. No. 65 of 2007.