Children Act 2001

F93 [ Remand in custody.

88

88. (1) Where the Court decides to remand in custody a child

( a ) who is charged with or found guilty of one or more offences,

( b ) who is being sent forward for trial, or

( c ) in respect of whom the court has postponed a decision,

the following provisions of this section shall apply in relation to the child.

(2) The child shall be remanded to a place designated under this section as a remand centre.

(3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child s age and level of understanding.

(4) The Minister may by order designate as a remand centre any place, including F94 [ part or all of a children detention school, which in the Minister s opinion is suitable for the custody of children who are remanded under this section (referred to in this Act as a remand centre situated in a children detention school) ] .

(5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.

(6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(7) A place may be designated as a remand centre only with the consent of its owners or, as the case may be, its managers.

(8) Where a remand centre is F94 [ situated in ] a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

(9) Where a remand centre is not F94 [ situated in ] a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.

(10) The Court shall not remand a child in custody under this section if the only reason for doing so is that

( a ) the child is in need of care or protection, or

( b ) the Court wishes the F95 [ Child and Family Agency ] to assist it under section 76B in dealing with the case.

F96 [ (10A) Where the Court remands a child to a remand centre under subsection (2) , the lawfulness of the remand and the period of the remand shall not be affected should the child attain the age of 18 years during the period of the remand in question, and in such a case this Act shall apply to the person during the remainder of that period of the remand as it applies to a child on remand. ]

(11) Such matters as may be necessary or expedient for enabling remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister.

(12) F97 [ ]

(13) F98 [ ] ]

Annotations:

Amendments:

F93

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 135, S.I. No. 65 of 2007.

F94

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 5(a), (b), (c), S.I. No. 539 of 2015.

F95

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.

F96

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 5(d), S.I. No. 539 of 2015.

F97

Repealed (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 3(1)(a), S.I. No. 111 of 2017, subject to stransitional provisions in subss. (3), (4), (5) and (11).

F98

Repealed (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 3(1)(b), S.I. No. 11 of 2017.

Modifications (not altering text):

Editorial Notes:

E22

Power pursuant to subss. (1)-(11) exercised (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), in effect as per art. 3.

E23

Previous affecting provision: power pursuant to subss. (1)-(11) exercised (30.03.2015) by Children Act 2001 (Designation of Remand Centres) (Amendment) Order 2015 (S.I. No. 95 of 2015), in effect as per art. 1(2); revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(b).

E24

Previous affecting provision: power pursuant to subss. (1)-(11) exercised (1.05.2012) by Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012), in effect as per art. 2; revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(a).