Children Act 2001

Cautions.

25

25.—(1) A caution shall be administered to every child admitted to the Programme.

(2) A formal caution shall be administered in a Garda Síochána station or, in exceptional circumstances, elsewhere by—

( a) a member of the Garda Síochána not below the rank of inspector, or

( b) a juvenile liaison officer who has been trained in mediation skills,

in the presence of the parents or guardian and, if the caution has been administered by such a member of the Garda Síochána, a juvenile liaison officer.

(3) An informal caution shall be administered by a juvenile liaison officer in a Garda Síochána station, in the child’s normal place of residence or in exceptional circumstances elsewhere, in the presence of the parents of guardian of the child.

(4) In this section—

“formal caution” means a caution to be administered to a child where—

( a) no previous caution has been administered, or

( b) one or more than one informal or formal caution has been previously administered,

and the Director considers that the child’s criminal F48 [ or anti-social ] behaviour was of such a nature that it could not be adequately dealt with by way of informal caution;

“informal caution” means a caution to be administered to a child where—

( a) no previous caution has been administered, or

( b) one or more than one informal caution has been previously administered,

and the Director considers that the child’s criminal F48 [ or anti-social ] behaviour was not sufficiently serious to warrant a formal caution.

Annotations

Amendments:

F48

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 2, S.I. No. 65 of 2007.