Children Act 2001

Children Court.

71

71.—(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV, IVA (inserted by this Act) or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and F76 [ Parts 8 and 12A ] .

( b) When exercising any such jurisdiction the Court shall sit in a different building or room from that in which sittings of any other court are held or on different days or at different times from those on or at which sittings of any such other court are held.

(2) So far as practicable sittings of the Court shall be so arranged that persons attending are not brought into contact with persons in attendance at a sitting of any other court.

(3) Where—

( a) in the course of any proceedings before the Court it appears to it that the person charged or to whom the proceedings relate is 18 years of age or upwards, or

( b) in the course of any proceedings before the District Court sitting otherwise than as the Children Court it appears to the District Court that the person charged or to whom the proceedings relate is under the age of 18 years,

nothing in this section shall be construed as preventing the Court or the District Court, as the case may be, if it thinks it undesirable to adjourn the case, from proceeding to hear and determine it.

(4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment.

(5) Any reference to a juvenile court in any enactment in force immediately before the commencement of this section shall be construed as a reference to the Court.

Annotations

Amendments:

F76

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 6, S.I. No. 65 of 2007.

F77

Deleted by Child Care (Amendment) Act 2011 (19/2011), s. 32, not commenced as of date of revision

Modifications (not altering text):

C17

Subs. (1)(a) amended by Child Care (Amendment) Act 2011 (19/2011), s. 32, not commenced as of date of revision.

71.—(1) ( a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV F77 [ ] or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and F76 [ Parts 8 and 12A ] .