Children Act 2001

Interpretation (general).

3

3.—(1) In this Act, unless the context otherwise requires—

“Act of 1907” means the Probation of Offenders Act, 1907;

“Act of 1951” means the Criminal Justice Act, 1951;

“Act of 1967” means the Criminal Procedure Act, 1967;

“Act of 1984” means the Criminal Justice Act, 1984;

“Act of 1991” means the Child Care Act, 1991;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80(1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

F5 [ anti-social behaviour is to be construed in accordance with section 257A(2) ; ]

F6 [ ]

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142 ;

“children detention school” means—

( a) any certified reformatory school or industrial school that becomes a children detention school by virtue of F7 [ section 159 , ]

F7 [ (b) a place, school, premises or building designated as a children detention school pursuant to section 160 , or ]

F8 [ (c) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015); ]

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115 ;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school F9 [ ];

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79 ;

“family welfare conference” means a conference convened by F10 [ the F11 [ Child and Family Agency ] ] pursuant to section 7 ;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956;

“guardian” means—

( a) any legal guardian of a child,

( b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

( c) any person who has custody or care of a child by order of a court,

but does not include F10 [ the F11 [ Child and Family Agency ] ];

F9 [ ]

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964, or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

F7 [ Minister when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs; ]

“parents”, in relation to a child, means—

( a) in case one parent has the sole custody, charge or care of the child, that parent,

( b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

( c) in any other case, both parents;

F7 [ prescribed means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate; ]

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88 ;

F12 [ ]

“school” means a children detention school;

F13 [ secondary victimisation has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017; ]

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property F5 [ and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour ].

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of this Act—

( a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended,

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

( c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Annotations

Amendments:

F5

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(a) and (g), S.I. No. 65 of 2007.

F6

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F7

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(i), (ii), (b) and (c), S.I. No. 539 of 2015.

F8

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(iii), S.I. No. 539 of 2015.

F9

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(c), (d) and (f), S.I. No. 65 of 2007.

F10

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F11

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F12

Deleted (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 4(d), S.I. No. 111 of 2017.

F13

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

F14

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 27, not commenced as of date of revision.

Modifications (not altering text):

C8

Prospective affecting provision: definition of “special care order” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 27, not commenced as of date of revision.

F14 [ special care order has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ]

Editorial Notes:

E13

Previous affecting provision: definition of “children detention school”, para. (b) amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(b), S.I. No. 65 of 2007; superseded as per F-note above.

E14

Previous affecting provision: definition of “Minister” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(e), S.I. No. 65 of 2007; superseded as per F-note above.

E15

Previous affecting provision: definition of “prescribed” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(f), S.I. No. 65 of 2007; superseded as per F-note above.