Children Act 2001

Admission to Programme.

23

23.—(1) F44 [ Subject to subsection (6) , a child ] may be admitted to the Programme if he or she—

( a) accepts responsibility for his or her criminal F45 [ or anti-social ] behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,

( b) consents to be cautioned and, where appropriate, to be supervised by a juvenile liaison officer, and

( c) F44 [ is 10 years of age or over that age ] and under 18 years of age,

but paragraph (b) shall not apply where the Director is satisfied that the failure to agree to being cautioned or supervised is attributable to undue pressure being brought to bear on the child by any person and, in that event, the child shall be deemed to have consented for the purposes of that paragraph.

(2) The Director shall be satisfied that the admission of the child to the Programme would be appropriate, in the best interests of the child and not inconsistent with the interests of society and any victim.

(3) The criminal behaviour for which the child has accepted responsibility shall not be behaviour in respect of which admission to the Programme is excluded under any regulations made pursuant to section 47, unless the Director of Public Prosecutions directs otherwise in a notification to the Director.

(4) When the admission of a child to the Programme is being considered any views expressed by any victim in relation to the child’s criminal F45 [ or anti-social ] behaviour shall be given due consideration but the consent of the victim shall not be obligatory for such admission.

(5) For the purposes of subsection (1)(c), the age for admission to the Programme shall be the age of the child on the date on which the criminal F45 [ or anti-social ] behaviour took place.

F46 [ (6) Notwithstanding subsection (1) , a child aged 10 or 11 years shall be admitted to the Programme if

( a ) he or she accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, and

( b ) subsections (2) to (5) apply in relation to the child. ]

Annotations

Amendments:

F44

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 125(a) and (c), S.I. No. 65 of 2007.

F45

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 125(b), S.I. No. 65 of 2007.

F46

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 125(d), S.I. No. 65 of 2007.