Children Act 2001

Powers of Garda Síochána.

261

261.—(1) Where, pursuant to this Act, a child is required to remain in a specified residence for specified periods, any member of the

Garda Síochána may call to the residence, at any reasonable time within a period during which the child is required to remain there, for the purpose of establishing that the child is present in the residence at that time.

(2) The member may request any adult at the residence to produce the child to the member, and failure to do so shall give rise to an inference that the child is not at that time present in the residence.

(3) In any proceedings against a child for failure to comply with any term or condition of a court order that required the child to remain in a specified residence, a failure under subsection (2) to produce the child may be accepted by a court as evidence of non-compliance with the order.

(4) Such a failure to produce a child may also render the child, if detained in a children detention school, ineligible for temporary leave from the school in accordance with the rules of the school in that respect.