Children Act 2001

Decision on holding conference.

31

31.—(1) The Director, on receipt of a report pursuant to section 30 from a juvenile liaison officer, shall, having regard to subsection (2) and (3), decide whether or not a conference should be held.

(2) In deciding whether a conference should be held the Director shall have regard to—

( a) the report and recommendation of the juvenile liaison officer supervising the child concerned,

( b) whether in the Director’s opinion a conference would be of assistance in preventing the commission by the child of further offences F54 [ or further criminal or anti-social behaviour by the child ],

( c) the role and responsibilities of the child’s parents or guardian and relatives,

( d) the views, if any, of the victim,

( e) whether the victim would attend the conference and, where the victim is a child, whether such attendance would be in his or her best interests,

( f) the interests of the community in which the child resides, and

( g) any other matter which the Director considers to be relevant.

(3) A conference shall not be held unless the child and the child’s parents or guardian indicate that they will attend it.

(4) ( a)  Where the Director decides that a conference should be held, he or she shall appoint a person (in this Part referred to as a “facilitator”) to convene the conference and a person to be its chairperson.

( b)  The facilitator shall be either the juvenile liaison officer supervising the child or another member of the Garda Síochána.

( c)  The chairperson shall be the facilitator, another member of the Garda Síochána or another person, with that other person’s agreement.

(5) In any case where the Director decides that a conference should not be held he or she shall direct the juvenile liaison officer supervising the child to inform the child and the child’s parent or guardian accordingly.

Annotations

Amendments:

F54

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