Criminal Justice Act 2006

162

New section 257D in Act of 2001.

162.— The following section is inserted in the Act of 2001 after section 257C:

“Behaviour order for children over 12.

257D.— (1) The Children Court may, on the application of a member of the Garda Síochána not below the rank of superintendent, make an order (in this Part referred to as a “behaviour order”) prohibiting a child of or above the age of 12 years from doing anything specified in the order if the court is satisfied that—

( a) the child, notwithstanding his or her participation in the procedures provided for in section 257C, has continued and is likely to continue to behave in an anti-social manner,

( b) the order is necessary to prevent the child from continuing to behave in that manner,

( c) having regard to the effect or likely effect of that behaviour on other persons, the order is reasonable and proportionate in the circumstances.

(2) The application shall indicate the extent of the child’s participation in the procedures under section 257C.

(3) The Court may impose terms or conditions in the behaviour order that it considers appropriate.

(4) An order under this section may, for the purpose of protecting a person or persons from further anti-social behaviour by a child—

( a) prohibit a child from behaving in a specified manner, and, where appropriate, from so behaving at or in the vicinity of a specified place,

( b) require the child to comply with specified requirements, including requirements relating to—

(i) school attendance, and

(ii) reporting to a member of the Garda Síochána, a teacher or other person in authority in a school,

and

( c) provide for the supervision of the child by a parent or guardian or any other specified person or authority with an interest in the child’s welfare.

(5) The respondent child in an application under this section may not at any time be charged with, prosecuted or punished for an offence if the act or omission that constitutes the offence is the same behaviour that is the subject of the application and is to be determined by the court under subsection (1).

(6) Unless discharged under subsection (7), a behaviour order remains in force for no more than the lesser of the following:

( a) 2 years from the date of the order;

( b) the period specified in the order.

(7) The Court may vary or discharge a behaviour order on the application of the child concerned or his or her parents or guardian or of a member of the Garda Síochána not below the rank of superintendent.

(8) An applicant under subsection (1) or (7) shall give notice of the application—

( a) where the applicant under either subsection is a member of the Garda Síochána, to the child and his or her parents or guardian, or

( b) where the applicant under subsection (7) is the child, to the applicant under subsection (1) and the child’s parents or guardian, and

( c) where the applicant under subsection (7) is the child’s parent or guardian, to the child and the applicant under subsection (1).

(9) The standard of proof in proceedings under this section is that applicable to civil proceedings.

(10) The jurisdiction conferred on the Court by this section may be exercised as follows:

( a) in respect of subsections (1), (3) and (4), by a judge of the District Court for the time being assigned to the district court district in which the child resides at the time the application is made;

( b) in respect of subsection (7), by a judge of the District Court for the time being assigned to the district court district in which the child subject to the behaviour order resides at the time the application is made.”.