Children Act 2001

Notification of arrest of child to parent or guardian.

58

58.—(1) When a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable—

( a) inform or cause to be informed a parent or guardian of the child—

(i) that the child is in custody in the station,

(ii) in ordinary language and in the Irish language when dealing with a child from the Gaeltacht or a child whose first language is Irish, of the nature of the offence in respect of which the child has been arrested, and

(iii) that the child is entitled to consult a solicitor and as to how this entitlement can be availed of;

and

( b) request the parent or guardian to attend at the station without delay.

(2) ( a)  If the member in charge of the station—

(i) is unable to communicate with a parent or guardian of the child, or

(ii) the parent or guardian indicates that he or she cannot or will not attend at the station within a reasonable time,

the member shall inform the child or cause the child to be informed without delay of that fact and of the child’s entitlement to have an adult relative or other adult reasonably named by him or her given the information specified in subsection (1)(a) and requested to attend at the station without delay.

( b) Subsection (1) shall apply in relation to a person named by a child pursuant to paragraph (a) as it applies in relation to a parent or guardian.

(3) Where the child is being transferred to another station or other place, the member in charge of the station from which the child is being transferred shall inform any person who has been informed under this section that the child is in custody, or cause him or her to be informed, of the transfer as soon as practicable.