Criminal Justice Act 2006

140

Amendment of section 136 of Act of 2001.

140.— Section 136 of the Act of 2001 is amended—

( a) by the substitution of the following subsections for subsection (1):

“(1) A member of the Garda Síochána who finds a child in breach of an order under section 133 or of any condition to which it is subject may arrest the child without warrant.

(1A) Where it appears to a court that a child has failed, without reasonable cause, to comply with such an order or any condition to which it is subject, it may—

( a) if the order was made by a court in the district of residence—

(i) direct the child to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and substitute another order under section 133 or another community sanction, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

or

( b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph ( a) shall apply in relation to that court, with the necessary modifications.”,

and

( b) by the deletion of subsection (3).