Children Act 2001

201C

F178 [ Appeal against forfeiture of remission

201C. ... ]

Annotations

Amendments:

F178

Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.

F178 [ 201C. (1) Without prejudice to section 201B , a child

(a) who is found by a Director to have committed a disciplinary breach under section 201 (amended by section 18 of the Children (Amendment) Act 2015), and

(b) on whom a sanction of forfeiture of remission of portion of his or her period of detention has been imposed,

may, not later than 21 days after the date that he or she is notified of the finding and sanction, notify the Director of his or her intention to appeal against the finding or sanction, or both finding and sanction, to an Appeal Tribunal.

(2) On receipt of a notification under subsection (1) , the Director shall, as soon as practicable and in any event not later than 7 days after the date of such receipt, refer the matter to an Appeal Tribunal.

(3) The Appeal Tribunal may invite the child and the Director concerned to make written submissions to it in relation to the appeal.

(4) The child concerned shall be notified by the Appeal Tribunal of the date and time of the hearing of the appeal and that he or she

(a) may attend the hearing, and

(b) may, for the purposes of the hearing, avail himself or herself of legal aid, advice or representation or apply for free legal aid under regulations made under subsection (7) .

(5) If the appeal relates only to the sanction imposed, the Appeal Tribunal may limit the hearing to issues relating to the sanction.

(6) The Appeal Tribunal may, as soon as is reasonably practicable and in any event not later than 21 days after the date of the hearing of the appeal

(a) affirm or annul the finding that the child has committed the disciplinary breach concerned,

(b) affirm or annul the sanction imposed by the Director,

(c) vary the period of remission to be forfeited, subject to the period, as so varied, not exceeding 14 days, or

(d) where it annuls the sanction imposed by the Director, substitute for it any other sanction provided for in section 201A .

(7) The Minister for Justice and Equality may, with the consent of the Minister for Public Expenditure and Reform, make regulations providing for the granting of legal aid to children appealing to an Appeal Tribunal under this section.

(8) The decision of an Appeal Tribunal shall be notified in writing to

(a) the Director concerned,

(b) the child concerned,

(c) where the child is under 18, unless paragraph (d) applies, to the child s parents or guardian, and

(d) where on the date of the decision the child is in the care of the Child and Family Agency under the Act of 1991, to the Child and Family Agency. ]