Children Act 2001

Notification of proceedings to adult relative or other adult.

63

63.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child’s parent or guardian is not present at the station, the member in charge shall ensure that a copy of the charge sheet containing particulars of the offence is handed to an adult relative of the child who is so present.

(2) The member in charge of the station shall also ensure that as soon as practicable the adult relative is notified of the time, date and place of the child’s first appearance before the court and, if the child has consulted a solicitor, of the solicitor’s name and address.

(3) Where neither the parent or guardian nor any adult relative of the child is present at the station, the member in charge of the station may send a copy of the charge sheet and a notification of the time, date and place of the child’s first appearance before the court to an adult relative.

(4) The duties of the member in charge under this section shall apply only where the member is of opinion that the child’s parent or guardian would not be available to attend court with the child and that the adult relative in question is likely to be of assistance to, and provide support for, the child during the court proceedings.

(5) In this section “adult relative” includes any adult reasonably named by the child pursuant to section 58(2)(a) .