Children Act 2001

Probation (residential supervision) order.

126

126.—(1) A court may order that a child shall reside in a hostel residence in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to reside in any hostel residence provided by the probation and welfare service or recommended to the court by a probation and welfare officer on days to be determined by the probation and welfare officer supervising the child.

(4) A residence shall not be used as a hostel residence unless the F119 [ Director of the Probation and Welfare Service ] has inspected it and a certificate by him or her that it is suitable for such use is in force.

(5) A certificate under subsection (4) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the F119 [ Director of the Probation and Welfare Service ] before then on the ground that the residence is no longer suitable for use as a hostel residence.

(6) Where a hostel residence is not provided by the probation and welfare service, the agreement of the person or body providing it shall be required before an order is made under this section.

(7) An order under this section shall specify—

( a) the period, not exceeding one year, during which the order is in force,

( b) the name and address of the hostel residence concerned, and

( c) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(8) The child shall, while in the hostel residence, be subject to the control, direction and supervision of the person in charge of the residence.

(9) Subject to subsection (10), an order shall not be made under this section unless the court is satisfied that the hostel residence specified in it is reasonably close to the child’s usual place of residence or to any place where the child is receiving education or training or is employed, and the court, in making such an order, shall have regard to the child’s age, sex, means of access to his or her usual residence or any such place and any other relevant circumstances.

(10) Where the court is of opinion that it would be in the interests of a child to specify in the order a hostel residence that is not reasonably close to the child’s usual place of residence and a suitable such hostel residence is available, it may specify that hostel in the order.

(11) The person in charge of the hostel residence, in consultation with the probation and welfare officer supervising a child, shall decide the times at which the child shall be required to be in the hostel, having regard to the child’s education, training or employment commitments and any other relevant circumstances, and any non-compliance with those times by the child, without good reason, shall be regarded as a breach of the order under this section.

(12) The court shall cause certified copies of its order to be sent to—

( a) the person in charge of the hostel residence concerned,

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child or, as appropriate, another adult with whom the child has been residing.

(13) The person in charge of the hostel residence shall give a copy of the order to the child.

Annotations

Amendments:

F119

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.