Criminal Justice Act 2006

160

New section 257B in Act of 2001.

160.— The following section is inserted in the Act of 2001 after section 257A:

“Behaviour warning to child.

257B.— (1) Subject to subsection (5), a member of the Garda Síochána may issue a behaviour warning to a child who has behaved in an anti-social manner.

(2) The behaviour warning may be issued orally or in writing and, if it is issued orally, shall be recorded in writing as soon as reasonably practicable and a written record of the behaviour warning shall be served on the child and his or her parents or guardian personally or by post.

(3) The behaviour warning or, if it is given orally, the written record of it shall—

( a) include a statement that the child has behaved in an anti-social manner and indicate what that behaviour is and when and where it took place,

( b) demand that the child cease the behaviour or otherwise address the behaviour in the manner specified in the warning, and

( c) include notice that—

(i) failure to comply with a demand under paragraph ( b), or

(ii) issuance of a subsequent behaviour warning,

may result in an application being made for a behaviour order.

(4) The member of the Garda Síochána referred to in subsection (1) may require the child to give his or her name and address to the member for the purposes of the behaviour warning or the written record of it.

(5) A behaviour warning may not be issued more than one month after the time that—

( a) the behaviour took place, or

( b) in the case of persistent behaviour, the most recent known instance of that behaviour took place.

(6) Subject to subsection (7), a behaviour warning remains in force against the child to whom it is issued for 3 months from the date that it is issued.

(7) If an application is made under section 257D in respect of the child, the behaviour warning remains in force against the child until the application is determined by the Children Court.”.