Children Act 2001

F128 [ Period of detention in children detention school.

149

149. — Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence. ]

Annotations

Amendments:

F128

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 141, S.I. No. 65 of 2007.

F129

Substituted by Children (Amendment) Act 2015 (30/2015), s. 9, not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: section substituted by Children (Amendment ) Act 2015 (30/2015), s. 9, not commenced as of date of revision.

F129 [ Provisions regarding period of detention imposed by court

149. (1) Where a child is convicted of an offence and a period of detention is imposed on the child by a court, the period of detention shall not exceed the term of detention or imprisonment that the court could have imposed on a person of full age and capacity who is convicted of such an offence.

(2) Where a court imposes a period of detention exceeding 3 years on a child, it shall give its reasons for doing so in open court in language that is appropriate to the age and level of understanding of the child. ]