Children Act 2001

Presence of victim at formal caution.

26

26.—(1) The Director may invite any victim whose views in relation to the child’s criminal F49 [ or anti-social ] behaviour have been considered pursuant to section 23(4) to be present at the administration of a formal caution.

F50 [ (1A) Where the Director invites a victim to be present at the administration of a formal caution pursuant to subsection (1) , he or she shall ensure that the victim

(a) is provided with full and unbiased information about the process of administering a formal caution and the potential outcomes of the process under this Act, and

(b) is informed that he or she may withdraw at any time his or her consent to being so present. ]

(2) Where any victim is so present, there shall be a discussion among those present about the child’s criminal F49 [ or anti-social ] behaviour.

F50 [ (2A) The member of the Garda S í och á na administering the formal caution shall, where a victim is present at the administration of the caution, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation while the victim is so present. ]

(3) The member of the Garda Síochána administering the formal caution may invite the child—

( a) to apologise, whether orally or in writing or both, to the victim, and

( b) where appropriate, to make financial or other reparation to him or her.

Annotations

Amendments:

F49

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.

F50

Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 34(1)(b), S.I. No. 530 of 2017.