Children Act 2001

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

53

53.F66 [ (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 F67 [ the F68 [ 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 F67 [ the F68 [ Child and Family Agency ] ].

(4) Where the child comes to the notice of F67 [ the F68 [ Child and Family Agency ] ] in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to F67 [ the F68 [ 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 F67 [ the F68 [ 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 F67 [ the F68 [ 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:

F66

Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 130, S.I. No. 529 of 2006.

F67

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 10, S.I. No. 887 of 2004.

F68

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.