Children Act 2001

PART 5

F64 [ Restriction on Criminal Proceedings Against Certain Children ]

Annotations:

Amendments:

F64

Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 128, S.I. No. 529 of 2006.

52

F65 [ 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:

F65

Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 129, S.I. No. 529 of 2006.

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.