Number 24 of 2001

CHILDREN ACT, 2001

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

PART 2

Family Welfare Conferences

PART 3

Amendment of Act of 1991

PART 4

Diversion Programme

Introductory

Admission to Programme

Administration of cautions

Supervision of children admitted to Programme

Holding of conference in respect of child

Committee to monitor effectiveness of Programme

Other matters relating to the Programme

PART 5

Criminal Responsibility

PART 6

Treatment of Child Suspects in Garda Síochána Stations

PART 7

Children Court

PART 8

Proceedings in Court

PART 9

Powers of Courts in Relation to Child Offenders

General

Probation Officer's Reports.

Orders in relation to parents or guardian

Community Sanctions

Detention

PART 10

Children Detention Schools

General

Boards of Management

Director and staff of schools

Operation of schools

Offences

Other matters

PART 11

Special Residential Services Board

PART 12

Protection of Children

PART 13

Miscellaneous

SCHEDULE 1

Offences Against Children

SCHEDULE 2

Enactments Repealed

Number 24 of 2001

CHILDREN ACT, 2001

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [8th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary

Short title and collective citation.

1.—(1) This Act may be cited as the Children Act, 2001 .

(2) Part 2, section 267 and the Child Care Act, 1991 , may be cited together as the Child Care Acts, 1991 and 2001.

Commencement.

2.—(1) This Act shall, subject to subsection (2), come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(2) (a)  Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions.

(b)  Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint.

(c)  Section 88 , in so far as it relates to junior remand centres, shall come into operation on such day as the Minister for Education and Science may by order appoint.

(d)  Part 10 shall come into operation on such day or days as, by order or orders made by the Minister for Education and Science, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(e)  Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

Interpretation (general).

3.—(1) In this Act, unless the context otherwise requires—

“Act of 1907” means the Probation of Offenders Act, 1907;

“Act of 1951” means the Criminal Justice Act, 1951 ;

“Act of 1967” means the Criminal Procedure Act, 1967 ;

“Act of 1984” means the Criminal Justice Act, 1984 ;

“Act of 1991” means the Child Care Act, 1991 ;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80 (1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

“area”, in relation to a health board, means functional area;

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142 ;

“children detention school” means—

(a) any certified reformatory school or industrial school that becomes a children detention school by virtue of section 159 , or

(b) any place, school, premises or building designated by the Minister for Education and Science pursuant to section 160 as a children detention school;

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115 ;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school or a children detention centre designated as such by the Minister under section 150 ;

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79 ;

“family welfare conference” means a conference convened by a health board pursuant to section 7 ;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;

“guardian” means—

(a) any legal guardian of a child,

(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

(c) any person who has custody or care of a child by order of a court,

but does not include a health board;

“junior remand centre” means a place designated as such under section 88 ;

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964 , or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

“Minister”, when used without qualification, means, except in Parts 3, 10 and 11, the Minister for Justice, Equality and Law Reform;

“parents”, in relation to a child, means—

(a) in case one parent has the sole custody, charge or care of the child, that parent,

(b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

(c) in any other case, both parents;

“prescribed” means prescribed by regulations made by the Minister, the Minister for Education and Science or the Minister for Health and Children, as appropriate;

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88 ;

“Saint Patrick's Institution” has the same meaning as in the Criminal Justice Act, 1960 ;

“school” means a children detention school;

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986 ;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property.

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Laying of regulations before Houses of Oireachtas.

4.—Every regulation made by the Minister, the Minister for Education and Science or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Repeals.

5.—(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act.

(2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister, the Minister for Education and Science or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

Expenses.

6.—Any expenses incurred by the Minister, the Minister for Education and Science or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Family Welfare Conferences

Convening of family welfare conference.

7.—(1) Where—

(a) a health board receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or

(b) it appears to a health board that a child who resides or is found in its area may require special care or protection which the child is unlikely to receive unless a court makes an order in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

the health board shall appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

(2) The coordinator shall act as chairperson of a family welfare conference.

(3) A health board may direct that a family welfare conference shall consider such matters in relation to the child as the health board considers appropriate.

Functions of conference.

8.—(1) A family welfare conference shall—

(a) decide if a child in respect of whom the conference is being convened is in need of special care or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

(b) if it decides that the child is in such need, recommend to the health board concerned that it should apply for an order under that Part, and

(c) if it does not so decide, make such recommendations to the health board concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the health board should apply for a care order or a supervision order under the Act of 1991 in respect of the child.

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person's agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the health board for determination.

Persons entitled to attend conference.

9.—(1) The following persons shall be entitled to attend a family welfare conference—

(a) the child in respect of whom the conference is being convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child's parents or guardian,

(e) an officer or officers of the health board concerned,

(f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person's knowledge of the child or the child's family or because of his or her particular expertise.

(2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference.

(3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend.

(4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings.

Procedure at conference.

10.—(1) Subject to the provisions of this Part or any regulations under section 15 , a family welfare conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to any direction of the Children Court pursuant to section 77 , a family welfare conference may be adjourned to a time and place to be determined by it.

(3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Administrative services.

11.—A health board shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

Notification of recommendations of conference.

12.—The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference:

(a) the child in respect of whom the conference was convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) any other persons who attended the conference,

(e) the health board concerned,

(f) if the child was referred to the health board by another body, that body, and

(g) any other body or persons who should, in the coordinator's opinion, be so notified.

Action by health board on recommendations.

13.—(1) On receipt of the recommendations of a family welfare conference, the health board concerned may—

(a) apply for an order under Part IVA (inserted by this Act) of the Act of 1991,

(b) apply for a care order or a supervision order under that Act, or

(c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

(2) Where a family welfare conference has been convened following a direction of the Children Court under section 77 , the health board shall communicate with that Court in accordance with subsection (2) of that section.

Privilege.

14.—(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference.

(3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

Regulations.

15.—The Minister for Health and Children may make regulations prescribing any or all of the following matters:

(a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator,

(b) subject to section 9 , the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and

(c) the arrangements for notifying any other body or person of any recommendations of such a conference,

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

PART 3

Amendment of Act of 1991

Amendment (new Parts IV A and IVB) of Act of 1991.

16.—The Act of 1991 is hereby amended by the insertion of the following Parts after section 23:

“PART IVA

Children in need of Special Care or Protection

PART IVB

Private Foster Care

PART 4

Diversion Programme

Introductory

Interpretation (Part 4).

17.—(1) In this Part—

“caution” means either a formal caution or an informal caution, as appropriate;

“conference” has the meaning assigned to it by section 29 ;

“Director” means the member of the Garda Síochána assigned by the Commissioner pursuant to section 20 ;

“facilitator” has the meaning assigned to it by section 31 (4);

“formal caution” and “informal caution” have the meanings assigned to them respectively by section 25 (4);

“Programme” has the meaning assigned to it by section 18 .

(2) A reference in this Part to the parents or guardian, or a parent or guardian, of a child shall be construed, unless the context otherwise requires, as including an adult relative of the child with whom the child is for the time being residing or who, in the opinion of the juvenile liaison officer supervising the child, is exercising, or could exercise, a beneficial influence on the child.

Principle.

18.—Unless the interests of society otherwise require and subject to this Part, any child who has committed an offence and accepts responsibility for his or her criminal behaviour shall be considered for admission to a diversion programme (in this Part referred to as the Programme) having the objective set out in section 19 .

Objective of Programme.

19.—(1) The objective of the Programme is to divert from committing further offences any child who accepts responsibility for his or her criminal behaviour.

(2) The objective shall be achieved primarily by administering a caution to such a child and, where appropriate, by placing him or her under the supervision of a juvenile liaison officer and by convening a conference to be attended by the child, family members and other concerned persons.

Diversion Programme.

20.—(1) The Programme shall be carried on and managed, under the general superintendence and control of the Commissioner of the Garda Síochána, by a member of the Garda Síochána not below the rank of superintendent who shall be assigned for that purpose by the Commissioner and is referred to in this Part as the Director.

(2) The Commissioner may assign duties other than those relating to the Programme to the Director during his or her period of assignment as Director.

Temporary incapacity of Director.

21.—(1) Whenever it appears to the Commissioner that the Director is, through absence, ill-health or other sufficient cause, temporarily unable to act, the Commissioner may appoint a member of the Garda Síochána not below the rank of inspector to act as the Director for such period (not exceeding the duration of the incapacity) as the Commissioner thinks proper, and references to the Director in this Part shall include the member so acting.

(2) The Director may, in writing, delegate any of the functions assigned to the Director under this Part to a member of the Garda Síochána not below the rank of inspector and may revoke any such delegation, and references to the Director in this Part shall include any member to whom any such functions are for the time being so delegated.

Admission to Programme

Report on child to Director.

22.—Where criminal behaviour by a child comes to the notice of the Garda Síochána, the member of the Garda Síochána dealing with the child for that behaviour may prepare a report in the prescribed form as soon as practicable and submit it to the Director with a statement of any action that has been taken in relation to the child and a recommendation as to any further action, including admission to the Programme, that should, in the member's opinion, be taken in the matter.

Admission to Programme.

23.—(1) A child may be admitted to the Programme if he or she—

(a) accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,

(b) consents to be cautioned and, where appropriate, to be supervised by a juvenile liaison officer, and

(c) is of or over the age of criminal responsibility and under 18 years of age,

but paragraph (b) shall not apply where the Director is satisfied that the failure to agree to being cautioned or supervised is attributable to undue pressure being brought to bear on the child by any person and, in that event, the child shall be deemed to have consented for the purposes of that paragraph.

(2) The Director shall be satisfied that the admission of the child to the Programme would be appropriate, in the best interests of the child and not inconsistent with the interests of society and any victim.

(3) The criminal behaviour for which the child has accepted responsibility shall not be behaviour in respect of which admission to the Programme is excluded under any regulations made pursuant to section 47 , unless the Director of Public Prosecutions directs otherwise in a notification to the Director.

(4) When the admission of a child to the Programme is being considered any views expressed by any victim in relation to the child's criminal behaviour shall be given due consideration but the consent of the victim shall not be obligatory for such admission.

(5) For the purposes of subsection (1)(c), the age for admission to the Programme shall be the age of the child on the date on which the criminal behaviour took place.

Decision to admit to Programme.

24.—(1) It shall be a function of the Director to decide whether to admit a child to the Programme and the category of caution to be administered to any child so admitted.

(2) Where the Director decides that a child should be admitted to the Programme, he or she shall direct a juvenile liaison officer to give notice in writing to the parents or guardian of the child specifying the criminal behaviour in respect of which a caution is to be administered, whether the caution is to be formal or informal and the time and place where it is to be administered and stating that the parents or guardian are obliged to attend its administration.

(3) Every such notice shall be expressed in language designed to be understood by the parents or guardian of the child and shall be available in the Irish language to a child who is from a Gaeltacht area or whose first language is Irish.

Administration of cautions

Cautions.

25.—(1) A caution shall be administered to every child admitted to the Programme.

(2) A formal caution shall be administered in a Garda Síochána station or, in exceptional circumstances, elsewhere by—

(a) a member of the Garda Síochána not below the rank of inspector, or

(b) a juvenile liaison officer who has been trained in mediation skills,

in the presence of the parents or guardian and, if the caution has been administered by such a member of the Garda Síochána, a juvenile liaison officer.

(3) An informal caution shall be administered by a juvenile liaison officer in a Garda Síochána station, in the child's normal place of residence or in exceptional circumstances elsewhere, in the presence of the parents of guardian of the child.

(4) In this section—

“formal caution” means a caution to be administered to a child where—

(a) no previous caution has been administered, or

(b) one or more than one informal or formal caution has been previously administered,

and the Director considers that the child's criminal behaviour was of such a nature that it could not be adequately dealt with by way of informal caution;

“informal caution” means a caution to be administered to a child where—

(a) no previous caution has been administered, or

(b) one or more than one informal caution has been previously administered,

and the Director considers that the child's criminal behaviour was not sufficiently serious to warrant a formal caution.

Presence of victim at formal caution.

26.—(1) The Director may invite any victim whose views in relation to the child's criminal behaviour have been considered pursuant to section 23 (4) to be present at the administration of a formal caution.

(2) Where any victim is so present, there shall be a discussion among those present about the child's criminal behaviour.

(3) The member of the Garda Síochána administering the formal caution may invite the child—

(a) to apologise, whether orally or in writing or both, to the victim, and

(b) where appropriate, to make financial or other reparation to him or her.

Supervision of children admitted to Programme

Supervision.

27.—(1) (a) Subject to paragraph (d), where a child has received a formal caution he or she shall be placed by the Director under the supervision of a juvenile liaison officer for a period of 12 months from the date of the administration of the caution.

(b) Subject to paragraph (c), where a child has received an informal caution he or she shall not be placed under the supervision of a juvenile liaison officer.

(c) Subject to paragraph (d), in exceptional circumstances, a child who has received an informal caution may be placed by the Director under the supervision of a juvenile liaison officer for a period of 6 months from the date of the administration of the caution.

(d) The periods referred to in paragraphs (a) and (c) may be varied by the Director in a manner consistent with any regulations under section 47 or pursuant to any recommendation arising from a conference.

(2) Where a child who is placed under the supervision of a juvenile liaison officer is subsequently found guilty of an offence the period of supervision shall terminate forthwith, if it has not terminated at the time of the finding of guilt.

Level of supervision.

28.—(1) The level of supervision to be applied in the case of any child shall, subject to section 42 (1), be determined by the juvenile liaison officer who is supervising the child.

(2) The juvenile liaison officer shall have regard to the following matters when making a determination under subsection (1)—

(a) the seriousness of the child's criminal behaviour,

(b) the level of support given to, and the level of control of, the child by the child's parents or guardian,

(c) the likelihood, in the opinion of the juvenile liaison officer, of the child's committing further offences, and

(d) any directions from the Director on the appropriate level of supervision in any case or in any case of a particular class.

Holding of conference in respect of child

“Conference”.

29.—In this Part “conference”, in relation to a child, means a meeting held pursuant to this Part of persons concerned with the child's welfare, and such a conference shall have the following functions:

(a) to bring together the child in respect of whom the conference is being held, his or her parents or guardian, such other family members, relatives and other persons as appropriate and the facilitator with a view to—

(i) establishing why the child became involved in the behaviour that gave rise to his or her admission to the Programme,

(ii) discussing how the parents or guardian, family members, relatives or any other person could help to prevent the child from becoming involved in further such behaviour, and

(iii) where appropriate, reviewing the child's behaviour since his or her admission to the Programme;

(b) as appropriate and in accordance with this Part, to mediate between the child and the victim;

(c) to formulate an action plan for the child; and

(d) to uphold the concerns of the victim and have due regard to his or her interests.

Recommendation that conference be held.

30.—(1) Where a child is placed under the supervision of a juvenile liaison officer, that officer may, if he or she so thinks proper, recommend in a written report to the Director that a conference be held in respect of the child.

(2) Without prejudice to any decision of the Director in a particular case, the agreement of a child's parent or guardian shall be required for, and the views of the child shall be ascertained on, the holding of a conference.

(3) (a)  The juvenile liaison officer shall ascertain the views of any victim of the child's criminal behaviour as to the possibility of a conference being held and as to whether the victim would be agreeable to attend any such conference.

(b)  Where the victim is a child, the juvenile liaison officer shall have regard to his or her best interests and shall also, where practicable, ascertain whether his or her parents or guardian would be agreeable that a conference be held and would attend it.

(4) The juvenile liaison officer shall, when he or she decides to make a recommendation pursuant to subsection (1), explain to the child concerned, and to his or her parent or guardian, the procedures and functions of a conference.

Decision on holding conference.

31.—(1) The Director, on receipt of a report pursuant to section 30 from a juvenile liaison officer, shall, having regard to subsection (2) and (3), decide whether or not a conference should be held.

(2) In deciding whether a conference should be held the Director shall have regard to—

(a) the report and recommendation of the juvenile liaison officer supervising the child concerned,

(b) whether in the Director's opinion a conference would be of assistance in preventing the commission by the child of further offences,

(c) the role and responsibilities of the child's parents or guardian and relatives,

(d) the views, if any, of the victim,

(e) whether the victim would attend the conference and, where the victim is a child, whether such attendance would be in his or her best interests,

(f) the interests of the community in which the child resides, and

(g) any other matter which the Director considers to be relevant.

(3) A conference shall not be held unless the child and the child's parents or guardian indicate that they will attend it.

(4) (a)  Where the Director decides that a conference should be held, he or she shall appoint a person (in this Part referred to as a “facilitator”) to convene the conference and a person to be its chairperson.

(b)  The facilitator shall be either the juvenile liaison officer supervising the child or another member of the Garda Síochána.

(c)  The chairperson shall be the facilitator, another member of the Garda Síochána or another person, with that other person's agreement.

(5) In any case where the Director decides that a conference should not be held he or she shall direct the juvenile liaison officer supervising the child to inform the child and the child's parent or guardian accordingly.

Persons entitled to attend conference.

32.—(1) The following persons shall be entitled to attend a conference:

(a) the child in respect of whom the conference is being held,

(b) the parents or guardian of the child and members of the child's family or relatives of the child, if the facilitator is of opinion that they or any one of them would make a positive contribution to it.

(2) A conference shall not be held unless at least one person invited by virtue of subsection (1)(b) is in attendance.

(3) The facilitator shall invite any other persons who in his or her opinion would make a positive contribution to the conference, including one or more representatives from any of the following bodies:

(a) the health board for the area in which the child normally resides,

(b) the probation and welfare service,

(c) the school attended by the child,

(d) the school attendance service,

(e) the Garda Síochána.

(4) The facilitator shall also invite to the conference any victim of the child's criminal behaviour and any relatives or friends of the victim whom the victim requests to have in attendance, unless the facilitator is of opinion that their attendance would not be in the best interests of the conference.

(5) The facilitator may invite to the conference any other person requested by the child or the child's family who in the facilitator's opinion would be of benefit to the conference and, with the agreement of the persons attending the conference and the Director, any person engaged in carrying out research on or evaluation of conferences or their equivalent inside or outside the State.

(6) If, in the course of a conference, the facilitator is of opinion that the continued presence of any person is not in the best interests of the conference or the child, the facilitator may exclude that person from further participation in the conference.

(7) A person shall not disclose confidential information obtained by him or her while participating (or as a result of having participated) as a member of a conference.

(8) A person who contravenes subsection (7) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(9) In this section “confidential” means that which is expressed to be confidential either as regards particular information or information of a particular class or description.

Location of conference.

33.—The decision on where to hold a conference shall be made by the facilitator after hearing the views in that regard of the persons who are to attend it.

Time limit for holding conference.

34.—(1) A conference shall be held within the period during which the child concerned is under the supervision of a juvenile liaison officer.

(2) A conference may be held on more than one occasion but, subject to section 39 (10), not outside the period referred to in subsection (1).

Notification to participants.

35.—(1) The facilitator shall take all reasonable steps to ensure that notice of the time, date and place of the conference is given to every person who is entitled or has been invited to attend and has indicated a willingness to attend or an interest in attending.

(2) Failure to notify any person entitled or invited to attend a conference or failure of any person so invited to attend it shall not of itself affect the validity of its proceedings unless the facilitator is of opinion that any such failure is likely to affect materially the outcome of the conference.

Views of those unable or unwilling to attend conference.

36.—The facilitator shall take all reasonable steps to ascertain the views, if any, of any person who has been invited to attend the conference concerned but has notified the facilitator that he or she is, for any reason, unable or unwilling to do so and shall ensure that any views so ascertained are made known at the conference.

Procedure at conference.

37.—(1) Subject to the provisions of this Part and any regulations under section 47 , a conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to sections 33, 34 and 39(10), a conference may be adjourned to a time and place to be determined by it.

(3) The facilitator shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Period or level of supervision.

38.—A conference shall consider whether the period or level of supervision of the child in respect of whom the conference is being held should be varied in the light of the following matters:

(a) the circumstances of the child as respects education, training or employment,

(b) the child's leisure time activities,

(c) the child's relationship with his or her family and the local community,

(d) the child's attitude to his or her being supervised,

(e) the child's progress under the supervision,

(f) the child's attitude to his or her criminal behaviour and, in particular, to the victim of that behaviour, whether or not the victim is present at the conference, and

(g) any other matters that may be relevant in the particular case.

Action plan.

39.—(1) The parents or guardian of a child, when present at a conference in respect of the child (or in their absence a member of the child's family or a relative of the child), and the child may, with the assistance of the other persons present at the conference, formulate an action plan for the child.

(2) Any such action plan shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the facilitator as unreasonable, in which case that person's agreement to the plan shall not be necessary.

(3) An action plan may include provision for any one or more of the following matters:

(a) an apology, whether orally or in writing or both, by the child to any victim,

(b) financial or other reparation to any victim,

(c) participation by the child in an appropriate sporting or recreational activity,

(d) attendance of the child at a school or place of work,

(e) participation by the child in an appropriate training or educational course or a programme that does not interfere with any work or school schedule of the child,

(f) the child being at home at specified times,

(g) the child staying away from specified places or a specified person or both,

(h) taking initiatives within the child's family and community that might help to prevent the commission by the child of further offences, and

(i) any other matter that in the opinion of those present at the conference would be in the child's best interests or would make the child more aware of the consequences of his or her criminal behaviour.

(4) When the action plan and its duration have been agreed, the facilitator shall produce a written record of the plan in language that can be understood by the child.

(5) The action plan shall be signed by the child (where possible), the chairperson and one of the other persons present.

(6) The action plan shall come into operation on the date it is signed.

(7) A copy of the action plan shall be given or sent to the child by the chairperson.

(8) Those present at the conference may appoint one or more of their number to implement the action plan and monitor compliance with it.

(9) The chairperson shall, after consulting the other persons present, appoint a date, being a date after the period covered by the action plan has expired, for reconvening the conference to review compliance with the action plan.

(10) The reconvened conference shall be held not more than 6 months from the date on which the action plan was signed and may be held outside the period of the child's supervision by a juvenile liaison officer.

(11) The chairperson may reconvene the conference at an earlier date than that appointed under subsection (9) if it comes to his or her notice that the child is not complying with any of the terms of the action plan.

(12) The persons present at any conference reconvened pursuant to subsection (11) shall ascertain why the child is not complying with the action plan and shall encourage the child to comply with the plan or any amended version of it that they may agree upon.

(13) The provisions of subsections (4) to (7) shall apply to any action plan amended in accordance with subsection (12).

(14) Subject to subsection (10), a conference may be reconvened on any number of occasions to discuss any aspect of an action plan.

(15) Nothing in this section shall prevent any person or persons who implemented, and monitored compliance with, the action plan from continuing, with the agreement of the child, to implement and monitor compliance with the plan after the period covered by it has expired and it has been reviewed at a reconvened conference.

Disagreement on action plan.

40.—Failure to agree on the terms of an action plan shall not invalidate the proceedings of a conference.

Report to Director.

41.—As soon as practicable after a conference has been held the facilitator shall report to the Director on the following matters:

(a) the terms of any action plan,

(b) the matters discussed at the conference.

(c) the views of those present, and

(d) any views ascertained pursuant to section 36 ,

and shall recommend, having had regard to the views referred to in paragraphs (c) and (d), whether in his or her opinion the period and level of supervision of the child concerned should be varied and, if so, to what extent.

Decision by Director on period or level of supervision.

42.—(1) On receipt of a report submitted pursuant to section 41 , the Director shall, where appropriate, decide whether the child's period or level of supervision should be varied and, if so, to what extent.

(2) Where the Director makes a decision pursuant to subsection (1), he or she shall inform the juvenile liaison officer supervising the child accordingly and that officer shall so inform the child and the child's parent or guardian as soon as practicable.

Administrative services.

43.—The Director shall provide such administrative services as may be necessary to enable a conference to discharge its functions.

Committee to monitor effectiveness of Programme

Review of effectiveness of Programme.

44.—(1) The Minister shall appoint a committee to monitor the effectiveness of the Programme, review all aspects of its operation and monitor the ongoing training needs of facilitators.

(2) The chairperson of the committee shall be an Assistant Commissioner of the Garda Síochána and it shall have 3 other members, of whom one shall be a chief superintendent of the Garda Síochána and the remaining two shall not be members of the Garda Síochána.

(3) The Minister shall consult with the Commissioner in relation to the appointment of members of the Garda Síochána to the committee.

(4) The committee shall have access to and may examine any documents relating to the operation of the Programme and may discuss any aspect of it with the Director and any other person concerned with its operation.

(5) The chairperson and other members of the committee shall be appointed for a term of 4 years and shall be eligible for reappointment.

(6) The committee shall make annually, by such date as the Minister may direct, a report to the Commissioner on its activities during the year and the Commissioner shall, as soon as may be, submit the report to the Minister.

(7) A copy of each such report shall be laid before each House of the Oireachtas by the Minister.

(8) Before laying a report before each House of the Oireachtas pursuant to subsection (7) the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

(9) The terms and conditions of appointment of members of the committee and of any of their allowances or expenses shall be such as may be determined by the Minister with, in the case of any allowances or expenses, the consent of the Minister for Finance.

(10) Subject to the Freedom of Information Act, 1997 , a person shall not disclose confidential information obtained by him or her while serving (or as a result of having served) as a member of the committee.

(11) A person who contravenes subsection (10) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(12) In this section “confidential” means that which is expressed to be confidential either as regards particular information or information of a particular class or description.

Vacancies in committee.

45.—(1) Whenever a vacancy occurs in the membership of the committee appointed under section 44 for any reason, the Commissioner shall notify the Minister of the vacancy and the Minister shall, as soon as may be, appoint a person to fill the vacancy.

(2) Any person so appointed shall be appointed for the residue of the term of the person whom he or she replaces and shall be eligible for reappointment.

(3) If the vacancy occurs in relation to one of the members of the Garda Síochána on the committee, the Minister shall, after consultation with the Commissioner, appoint a member to fill the vacancy who is of the same rank as the member whom he or she replaces.

Other matters relating to the Programme

Supplemental provisions.

46.—(1) The Commissioner shall ensure that all members of the Garda Síochána who act as facilitators receive whatever training the Commissioner considers sufficient and appropriate for the proper and efficient discharge of their duties while they are acting in that capacity.

(2) Any powers conferred by this Part or any regulations under it on or in relation to any member of the Garda Síochána are without prejudice to any other powers which the member may have in relation to the commission or suspected commission of an offence.

(3) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or the admissibility in evidence of any statement made by such a child.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall render the member liable to disciplinary proceedings.

Regulations (Part 4).

47.—The Minister may make regulations prescribing—

(a) the procedures to be followed when the Director is deciding—

(i) whether or not a child should be admitted to the Programme,

(ii) whether an informal or a formal caution should be administered to a child,

(iii) whether the victim should be invited to the administration of a formal caution,

(iv) whether to convene a conference in respect of any child who has been placed under supervision;

(b) the level of supervision appropriate in any case or class of case;

(c) any criminal behaviour of a serious nature in respect of which admission to the Programme shall be excluded; or

(d) any other matter or thing which is referred to in this Part as prescribed;

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

Inadmissible evidence.

48.—In civil or criminal proceedings against a child, evidence shall not be admissible of—

(a) any acceptance by the child of responsibility for criminal behaviour in respect of which the child has been admitted to the Programme,

(b) that behaviour, or

(c) the child's involvement in the Programme for that behaviour.

Bar to proceedings.

49.—A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme.

Privilege.

50.—No evidence shall be admissible in any court of any information, statement or admission disclosed or made only in the course of a conference or of the contents of any report of a conference.

Protection of identity of children

51.—(1) Subject to subsection (2), no report shall be published or included in a broadcast—

(a) in relation to the admission of a child to the Programme or the proceedings at any conference relating to the child, including the contents of any action plan for the child and of the report of the conference, or

(b) which reveals the name, address or school of the child or any other information, including any picture, which is likely to lead to identification of the child.

(2) Subsection (1) does not apply to the publication or broadcast of—

(a) statistical information relating to the Programme, and

(b) the results of any bona fide research relating to it.

(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

(a) in the case of publication of the matter in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of any other such publication, the person who publishes it, and

(c) in the case of any such broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years or both.

(4) (a)  Where an offence under subsection (3)—

(i) has been committed by a body corporate, and

(ii) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity,

he or she as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(b)  Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

(5) Where a person is charged with an offence under subsection (3), it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of a matter referred to in subsection (1).

(6) In this section—

“broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“publish” means publish to the public or a section of the public, and cognate words shall be construed accordingly.

PART 5

Criminal Responsibility

Age of criminal responsibility.

52.—(1) It shall be conclusively presumed that no child under the age of 12 years is capable of committing an offence.

(2) There is a rebuttable presumption that a child who is not less than 12 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong.

Duty of Garda Síochána in relation to certain under-age children.

53.—(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under the age of 12 years is responsible for an act or omission which, but for section 52 , would constitute an offence, the member shall endeavour to take the child, or arrange for the child to be taken by another member of the Garda Síochána, to the child's parent or guardian.

(2) Where the child is taken to his or her parent or guardian and the member of the Garda Síochána so taking the child has reasonable grounds for believing that the child is not receiving adequate care or protection, the member shall inform the health board for the area in which the child normally resides of the name, address and age of the child and the circumstances in which he or she came to the notice of the Garda Síochána.

(3) Where it is not practicable for the child to be taken to his or her parent or guardian, the member of the Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of the health board for the area in which the child normally resides.

(4) Where the child comes to the notice of a health board in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to the health board that the child requires care or protection which he or she is unlikely to receive unless a court makes a care order or a supervision order in respect of the child, it shall be the duty of the health board to apply for a care order or a supervision order, as it thinks fit, in accordance with Part IV of the Act of 1991.

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

(a) that there is an immediate and serious risk to the health or welfare of the child, and

(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by a health board under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

Aiding, etc., under-age child to commit offence.

54.—Where a child under the age of 14 years is responsible for an act or omission which, but for section 52 , would constitute an offence, any person who aids, abets, counsels or procures the child in or in relation to that act or omission shall be guilty of that offence and be liable to be indicted, tried and punished as a principal offender.

PART 6

Treatment of Child Suspects in Garda Síochána Stations

Treatment of child suspects.

55.—In any investigation relating to the commission or possible commission of an offence by children, members of the Garda Síochána shall act with due respect for the personal rights of the children and their dignity as human persons, for their vulnerability owing to their age and level of maturity and for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.

Separation of children from adults in Garda Síochána station.

56.—The member in charge of a Garda Síochána station shall, as far as practicable, ensure that any child while detained in the station shall not associate with an adult who is so detained and shall not be kept in a cell unless there is no other secure accommodation available.

Notification to child.

57.—Where a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall without delay inform the child or cause the child to be informed, in a manner and in language that is appropriate to the age and level of understanding of the child—

(a) of the offence in respect of which he or she has been arrested,

(b) that he or she is entitled to consult a solicitor and how this entitlement can be availed of, and

(c) that the child's parent or guardian is being—

(i) informed that the child is in custody in the station,

(ii) given the information specified in paragraphs (a) and (b), and

(iii) requested to attend at the station without delay.

Notification of arrest of child to parent or guardian.

58.—(1) When a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable—

(a) inform or cause to be informed a parent or guardian of the child—

(i) that the child is in custody in the station,

(ii) in ordinary language and in the Irish language when dealing with a child from the Gaeltacht or a child whose first language is Irish, of the nature of the offence in respect of which the child has been arrested, and

(iii) that the child is entitled to consult a solicitor and as to how this entitlement can be availed of;

and

(b) request the parent or guardian to attend at the station without delay.

(2) (a)  If the member in charge of the station—

(i) is unable to communicate with a parent or guardian of the child, or

(ii) the parent or guardian indicates that he or she cannot or will not attend at the station within a reasonable time,

the member shall inform the child or cause the child to be informed without delay of that fact and of the child's entitlement to have an adult relative or other adult reasonably named by him or her given the information specified in subsection (1)(a) and requested to attend at the station without delay.

(b) Subsection (1) shall apply in relation to a person named by a child pursuant to paragraph (a) as it applies in relation to a parent or guardian.

(3) Where the child is being transferred to another station or other place, the member in charge of the station from which the child is being transferred shall inform any person who has been informed under this section that the child is in custody, or cause him or her to be informed, of the transfer as soon as practicable.

Notification to health board.

59.—(1) Where the member in charge of a Garda Síochána station has reasonable cause to believe that a child who is in custody in the station on suspicion of having committed an offence may be in need of care or protection, the member shall, as soon as practicable, inform or cause to be informed the health board for the area in which the station is located accordingly, and the health board shall send a representative to the station as soon as practicable.

(2) Where it is not practicable for the representative of the health board to attend at the station within a reasonable time, he or she shall at the first available opportunity attend at the station to ascertain why the member in charge had reasonable cause to believe that the child may be in need of care or protection.

(3) The health board shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.

(4) Where section 61 (1)(b) applies, the representative of the health board who attends the station shall be entitled to be present at the questioning of the child.

Notification to solicitor.

60.—(1) Where a child who is in custody in a Garda Síochána station has asked for a solicitor, the member in charge of the station shall notify the solicitor or cause him or her to be notified accordingly as soon as practicable.

(2) Where the solicitor cannot be contacted within a reasonable time or is unwilling or unable to attend at the station, the child shall be so informed and given an opportunity to ask for another solicitor, and the member in charge shall notify or cause to be notified that other solicitor accordingly as soon as practicable.

(3) Subsections (1) and (2) shall also apply in relation to a request for a solicitor for the child by any parent, guardian, adult relative, any adult reasonably named by the child or other adult (not being a member of the Garda Síochána) who is present, in accordance with section 61 (1)(b), during the questioning of the child or the taking of a written statement.

(4) Where the child is being transferred to another station, the member in charge of the station from which the child is being transferred shall notify any solicitor who has been notified under this section or cause him or her to be notified of the transfer as soon as practicable.

(5) Where a solicitor (other than a named solicitor) has been requested by or on behalf of a child, the member in charge shall give the person making the request or cause him or her to be given the name of one or more than one solicitor whom the member in charge reasonably believes may be willing to attend at the station within a reasonable time.

Interviewing children.

61.—(1) Subject to subsections (2) to (4), a child who has been detained in a Garda Síochána station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of—

(a) a parent or guardian, or

(b) in his or her absence, another adult (not being a member of the Garda Síochána) nominated by the member in charge of the station.

(2) Notwithstanding subsection (1), the member in charge of the station may authorise the questioning of the child or the taking of a written statement in the absence of a parent or guardian, where the member has reasonable grounds for believing that to delay the questioning would involve a risk of death or injury to persons, serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices.

(3) The member in charge of the station may authorise the exclusion of a parent or guardian during the questioning of the child or the taking of a written statement where—

(a) the parent or guardian is the victim of, or has been arrested in respect of, the offence being investigated,

(b) the member has reasonable grounds for suspecting the parent or guardian of complicity in the offence, or

(c) the member has reasonable grounds for believing that the parent or guardian would, if present during the questioning or the taking of a written statement, be likely to obstruct the course of justice.

(4) The member in charge of the station may authorise the removal of a parent or guardian during the questioning of the child or the taking of a written statement where the member has reasonable grounds for believing that the conduct of the parent or guardian is such as to amount to an obstruction of the course of justice.

(5) Where the child or his or her parent or guardian asks for a solicitor, he or she shall not be asked to make a statement, either orally or in writing, in relation to an offence until a reasonable time for the attendance of the solicitor has elapsed.

(6) A child who is from a Gaeltacht area or whose first language is Irish shall be entitled to be questioned or to make a written statement in the Irish language, and any other child shall be entitled to make a written or oral statement in that language.

(7) In this section references to a parent or guardian include references to an adult relative of the child, an adult reasonably named by the child pursuant to section 58 (2)(a) or the adult mentioned in subsection (1)(b).

Notification of proceedings to parent or guardian.

62.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child's parent or guardian is present at the station, the member in charge of the station shall ensure that—

(a) a copy of the charge sheet containing particulars of the offence is handed to the parent or guardian, and

(b) as soon as practicable, a notification in writing is sent to the child's parents or guardian of—

(i) the time, date and place of the child's first appearance before the court, and

(ii) the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings.

(2) Where the child's parent or guardian is not present at the station and his or her address is known, the member in charge of the station shall ensure that as soon as practicable—

(a) a copy of the charge sheet containing particulars of the offence is sent to the parents or guardian, and

(b) a notification in writing is sent to the parents or guardian of—

(i) the time, date and place of the child's first appearance before the court,

(ii) the provisions of section 91 concerning the non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings,

(iii) whether or not a recognisance was taken from the child,

(iv) the name of any adult who attended at the station at the request of the child, and

(v) if the child consulted a solicitor, the solicitor's name and address.

Notification of proceedings to adult relative or other adult.

63.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child's parent or guardian is not present at the station, the member in charge shall ensure that a copy of the charge sheet containing particulars of the offence is handed to an adult relative of the child who is so present.

(2) The member in charge of the station shall also ensure that as soon as practicable the adult relative is notified of the time, date and place of the child's first appearance before the court and, if the child has consulted a solicitor, of the solicitor's name and address.

(3) Where neither the parent or guardian nor any adult relative of the child is present at the station, the member in charge of the station may send a copy of the charge sheet and a notification of the time, date and place of the child's first appearance before the court to an adult relative.

(4) The duties of the member in charge under this section shall apply only where the member is of opinion that the child's parent or guardian would not be available to attend court with the child and that the adult relative in question is likely to be of assistance to, and provide support for, the child during the court proceedings.

(5) In this section “adult relative” includes any adult reasonably named by the child pursuant to section 58 (2)(a).

Procedure by summons.

64.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons, the child's parents or guardian may be named in the summons and, if named, shall be required to appear at the sitting of the court specified in the summons.

(2) Where the summons names the child's parents or guardian, it shall also specify the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the specified sitting of the court.

Notice to adult relative or other adult where proceeding by summons.

65.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons and the whereabouts of his or her parents or guardian are unknown, a notice under this section may be issued to an adult relative of the child or other adult reasonably named by the child, whether or not the adult relative or other adult attended at the Garda Síochána station pursuant to section 58 (2).

(2) A notice under this section shall be issued by the member of the Garda Síochána dealing with the child in respect of the offence for which the summons is being issued.

(3) The notice shall state the time, date and place of the sitting of the court in respect of which the summons was issued and shall contain particulars of the offence which the child is alleged to have committed.

(4) The notice shall issue only with the agreement of the child and where the member is of opinion that the adult concerned is likely to be of assistance to, and provide support for, the child during the court proceedings.

Provisions common to sections 56 to 63 and 65.

66.—(1) In this section “the relevant sections” means sections 56 to 63 and 65.

(2) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or of the admissibility in evidence of any statement made by the child.

(3) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall render that member liable to disciplinary proceedings.

(4) The duties imposed by the relevant sections on members of the Garda Síochána in relation to the treatment of any child who is in custody in a Garda Síochána station are without prejudice to any other duties imposed on them in that respect by or under any other enactment.

(5) The provisions of the relevant sections shall not apply if and for so long as the member in charge of the Garda Síochána station in which a person is in custody has reasonable grounds for believing that the person is not below the age of 18 years.

Amendment of section 5 of the Criminal Justice Act, 1984 .

67.—Section 5 (which provides for access to a solicitor and notification of detention) of the Act of 1984 is hereby amended by the deletion of subsection (2) of that section and the substitution of “eighteen years” for “seventeen years” where the latter expression occurs in subsections (1) and (3) thereof.

Release on bail by member of Garda Síochána.

68.—(1) When a child is arrested and brought to a Garda Síochána station by a member of the Garda Síochána, the member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of the child is in force, release the child on bail and for that purpose take, or arrange to have taken, from the child a recognisance, with or without sureties, for his or her due appearance—

(a) before the Children Court at its next sitting in the district court area in which the child has been arrested or at any subsequent sitting thereof in that district court area during the period of 30 days immediately following such next sitting, or

(b) in the case of the Children Court in the Dublin Metropolitan District, before the next sitting of that Court or any subsequent sitting thereof during the period of 30 days immediately following such next sitting.

(2) The recognisance referred to in subsection (1) may be taken from the child's parent or guardian and may be for the due appearance before the Children Court of the parent or guardian as well as of the child concerned.

(3) The recognisance may be estreated in like manner as a recognisance entered into before a judge of the District Court is estreated.

(4) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties.

(5) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be transmitted, by the person taking the recognisance or receiving the sum of money, to the district court clerk for the district court area in which the sitting of the Children Court before which the child is to appear is being held.

(6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the Defence Act, 1954 .

(7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Criminal Procedure Act, 1967 , shall cease to have effect in relation to a child.

Application of certain provisions to married child.

69.—In the application of this Part in relation to a child who is married—

(a) the references in sections 57, 58, 60(3), 61(7), 62 (except subsections (1)(b)(ii) and (2)(b)(ii)), 63, 65, 68(2) and 70(1)(b) to a parent or guardian of the child shall be construed as references to his or her spouse,

(b) the references in sections 58(2)(a), 60(3), 61(7), 63, 65 and 70(1)(b) to an adult relative of the child shall be construed as including references to his or her parent or guardian, and

(c) section 64 shall not have effect.

Regulations (Part 6).

70.—(1) Further provision may be made by regulations in relation to—

(a) the treatment of children while in custody in Garda Síochána stations,

(b) the role of a parent, guardian or adult relative of a child or another adult (including any representative of a health board) who is present in a Garda Síochána station pursuant to this Part while the child is in custody, and

(c) such other matters (if any) as may be necessary or expedient for the purpose of enabling this Part to have full effect and for its due administration.

(2) Pending the making of any regulations under subsection (1)(a), the references to seventeen years in Regulations 9 and 13 of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, shall be construed and have effect as if they were references to eighteen years.

PART 7

Children Court

Children Court.

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 Part 8.

(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.

Requirement for transacting business in Children Court.

72.—(1) Subject to subsection (2), a judge of the District Court shall, before transacting business in the Children Court, participate in any relevant course of training or education which may be required by the President of the District Court.

(2) Subsection (1) shall apply only in relation to judges of the District Court appointed on or after 15 December, 1995.

Arrangements for hearing of proceedings in Children Court.

73.—(1) As far as practicable, the hearing of proceedings in the Court shall be arranged so that the time that the persons involved have to wait for the proceedings to be heard is kept to a minimum.

(2) The time stated in every summons requiring a person to appear before the Court shall be a time which the person preparing the summons reasonably expects that the proceedings in respect of which the summons is issued will be heard.

Children charged with summary offences jointly with adults.

74.—(1) Where—

(a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults,

(b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

(c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or

(d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.

(2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult—

(a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and

(b) that person shall for all purposes be deemed to have been found guilty by the District Court.

Jurisdiction to deal summarily with indictable offences.

75.—(1) Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily.

(2) In deciding whether to try or deal with a child summarily for an indictable offence, the Court shall also take account of—

(a) the age and level of maturity of the child concerned, and

(b) any other facts that it considers relevant.

(3) The Court shall not deal summarily with an indictable offence where the child, on being informed by the Court of his or her right to be tried by a jury, does not consent to the case being so dealt with.

(4) In deciding whether or not to consent under subsection (3) a child may obtain—

(a) the assistance of his or her parent or guardian or, if the child is married to an adult, his or her spouse, or

(b) where the parent or guardian or adult spouse of the child does not for any reason attend the relevant proceedings, the assistance of any adult relative of the child or other adult who is accompanying the child at the proceedings.

(5) If at any time the Court ascertains that a child charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, the Court may, if the child signs a plea of guilty, send him or her forward for sentence with that plea to a court to which, but for that plea, the child would have been sent forward for trial.

(6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General's consent.

(7) (a)  Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.

(b)  In that event—

(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999 ) of the Act of 1967,

(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and

(iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.

Children charged with indictable offences jointly with adults.

76.—Where—

(a) a child is charged with an indictable offence and the charge is made jointly against the child and one or more adults,

(b) a child is charged with an indictable offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

(c) a child is charged with aiding, abetting, counselling or procuring the commission of an indictable offence with which one or more adults are charged at the same time, or

(d) a child is charged with an indictable offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the Children Court shall deal with the child in accordance with section 75 and the adult or adults in accordance with the enactments governing proceedings in the District Court against a person charged with an indictable offence.

PART 8

Proceedings in Court

Referral of case to health board.

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

(a) adjourn the proceedings and direct the health board for the area in which the child is for the time being residing to convene a family welfare conference in respect of the child, and

(b) pending the outcome of the conference, make an emergency care order or a supervision order under the Act of 1991 in respect of the child.

(2) Where a family welfare conference has been held by a health board pursuant to a direction under subsection (1)(a)—

(a) if the health board applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

(b) if it decides not to apply for any such order, it shall inform the Court of—

(i) its reasons for so deciding,

(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and

(iii) any other action which it has taken, or intends to take, with respect to the child.

(3) The Court, on being informed by the health board of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

Family conference.

78.—(1) Where, in any proceedings in which a child is charged with an offence—

(a) the child accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,

(b) it appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and

(c) the child and child's parent or guardian, or members of the child's family or relatives of the child who in the opinion of the Court could make a positive contribution at a family conference, agree to attend such a conference and to participate in its proceedings,

the Court may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held.

(2) The Court may direct that the conference consider such matters relating to the child as the Court considers appropriate.

Convening of family conference.

79.—A family conference shall be convened by a probation and welfare officer appointed for that purpose by the principal probation and welfare officer and shall be held not later than 28 days after the date of the direction of the Court.

Action plan.

80.—(1) A family conference shall endeavour to formulate an action plan for the child in respect of whom it has been convened.

(2) Subsections (1) to (5) of section 39 shall apply and have effect in relation to such a plan, with the substitution in subsections (2), (4) and (5) of that section of references to a probation and welfare officer for the references to a facilitator or chairperson and with any other necessary modifications.

Report to Court by probation and welfare officer.

81.—The probation and welfare officer who was appointed to convene the family conference shall, as appropriate—

(a) submit to the Court the action plan formulated at the conference,

(b) inform the Court that the conference did not reach agreement on an action plan,

(c) apply to the Court for an extension of the time for holding the conference, or

(d) inform the Court that it has not been possible to hold the conference and that there is little likelihood of its being held.

Action by Court on report of probation and welfare officer

82.—(1) Where an action plan is submitted to the Court pursuant to section 81 (a), the Court may—

(a) approve of the plan or amend it, and

(b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation.

(2) Where the probation and welfare officer reports to the Court pursuant to section 81 (b) that the family conference did not reach agreement on an action plan, the Court may—

(a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or

(b) resume the proceedings in respect of the offence with which the child is charged.

(3) Where the probation and welfare officer applies to the Court pursuant to section 81 (c) for an extension of the time for holding the family conference, or informs the Court pursuant to section 81 (d) that there is little likelihood of its being held, the Court may—

(a) where it is satisfied that there is a likelihood of the conference being held, grant an extension of time, not exceeding 28 days, for holding it, or

(b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged.

(4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order.

(5) An action plan formulated pursuant to subsection (1)(b) or (2)(a) shall be written in language that can be understood by the child and be signed by the child (or, where appropriate, a person mentioned in section 78 (1)(c) on his or her behalf) and the supervising probation and welfare officer.

Failure to comply with action plan.

83.—Where the Court has ordered a child to comply with an action plan and, on application by the probation and welfare officer who convened the relevant family conference, it appears to the Court that the child has, without reasonable cause, failed to comply with the terms of the plan, the Court may resume the proceedings in respect of the offence with which the child is charged.

Review of compliance with action plan.

84.—At a resumed court sitting to review compliance with the action plan, the Court may resume the proceedings in respect of the offence with which the child is charged and, without prejudice to any other way of dealing with the case, may, if it is satisfied that the child has complied with the plan, dismiss the charge against the child on its merits.

Application of provisions.

85.—Sections 29, 30(3), 32, 33, 35, 36, 50 and 51 shall apply and have effect in relation to a family conference convened under this Part with the substitution, where appropriate, in those provisions of references to a probation and welfare officer for the references to a juvenile liaison officer, facilitator or chairperson and with any other necessary modifications.

Procedure at family conference.

86.—(1) Subject to the provisions of this Part or any direction given by the Court, a family conference may regulate its procedure in such manner as it thinks fit.

(2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

Administrative services to family conference.

87.—The principal probation and welfare officer shall provide such administrative services as may be necessary to enable a family conference to discharge its functions.

Remand in custody.

88.—(1) Where the Court remands in custody a child—

(a) who is charged with or found guilty of one or more offences,

(b) who is being sent forward for trial, or

(c) in respect of whom the Court has postponed a decision,

the following provisions of this section shall apply.

(2) Where the child is under the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a junior remand centre.

(3) Where the child is of or over the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a remand centre.

(4) Where the Court remands a child in custody it shall explain the reasons for its decision in open court in language that is appropriate to the age and level of understanding of the child.

(5) The Minister may, with the agreement of the Minister for Education and Science, by order designate as a junior remand centre any place, including part of any children detention school, which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (2).

(6) The Minister may, with the agreement of the Minister for Education and Science, by order amend an order under subsection (5), including an order under this subsection.

(7) The Minister may by order designate as a remand centre any place (including part of a children detention centre) which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (3).

(8) The Minister may by order amend an order made under subsection (7), including an order under this subsection.

(9) The Minister shall cause a copy of any order under subsections (5) to (8) to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(10) A place may be designated as a junior remand centre only with the consent of its owners or, as the case may be, its managers.

(11) Where a junior remand centre is part of a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

(12) Where a remand centre is part of a children detention centre, a child remanded to the remand centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

(13) The Court shall not remand a child in custody under this section if the only reason for doing so is that the child is in need of care or protection.

(14) Such matters as may be necessary or expedient for enabling junior remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister for Education and Science.

Non-application of section 5 of Bail Act, 1997.

89.—Section 5 (Payment of moneys into court) of the Bail Act, 1997 , is amended by the addition of the following subsection:

“(4) This section shall not apply in relation to a person under the age of 18 years.”.

Conditions of bail.

90.—(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions:

(a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate,

(b) that the child receives education or undergoes training, as appropriate,

(c) that the child reports to a specified Garda Síochána station at a specified time at such intervals as the Court considers appropriate,

(d) that the child does not associate with a specified individual or individuals,

(e) that the child stays away from a specified building, place or locality except in such circumstances and at such times as the Court may specify,

(f) such other conditions as the Court considers appropriate.

(2) Where a child who is released on bail does not comply with any condition to which the release was subject and is subsequently found guilty of an offence, the Court, in dealing with the child for the offence, may take into account the non-compliance in question and the circumstances in which it occurred.

(3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail.

Attendance at Court of parents or guardian.

91.—(1) The parents or guardian of a child shall, subject to subsection (5), be required to attend at all stages of any proceedings—

(a) against the child for an offence,

(b) relating to a family conference in respect of the child, or

(c) relating to any failure by the child to comply with a community sanction or any condition to which the sanction is subject.

(2) Where the parents or guardian fail or neglect, without reasonable excuse, to attend any proceedings to which subsection (1) applies, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian, and the warrant shall command the person to whom it is addressed to produce the parents or guardian before the Court at the time appointed for resuming the proceedings.

(3) Failure by the parents or guardian, without reasonable excuse, to attend any such proceedings shall, subject to subsection (5), be treated for all purposes as if it were a contempt in the face of the court.

(4) At the hearing of any proceedings in respect of the offence with which the child is charged, any parent or guardian who is required to attend the proceedings may be examined in respect of any relevant matters.

(5) The Court may, at any stage of proceedings to which subsection (1) applies, excuse the parents or a parent or the guardian of the child concerned from attendance at all or any part of the proceedings in any case where the Court, either of its own motion or at the request of any of the parties to the proceedings, is of opinion that the interests of justice would not be served by such attendance.

(6) If in any such proceedings the whereabouts of the parents or guardian of the child concerned are unknown, or neither a parent nor a guardian attends the proceedings for any reason, the child may be accompanied during the proceedings by an adult relative or other adult.

(7) This section does not apply to the parents of a child who is married.

Conveyance to and from Court.

92.—Any child while being conveyed to or from the Court or while waiting before or after attendance at the Court shall, as far as practicable, be prevented from associating with an adult, not being a relative or spouse, who is charged with any offence other than an offence with which the child is jointly charged.

Restrictions on reports of proceedings in which children are concerned.

93.—(1) In relation to any proceedings before the Court against a child or in relation to a child under Part 9—

(a) no report shall be published or included in a broadcast which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any child concerned in the proceedings, and

(b) no picture shall be published or included in a broadcast as being or including a picture of any child concerned in the proceedings or which is likely to lead to his or her identification.

(2) The Court may dispense to any specified extent with the requirements of this section in relation to a child if it is satisfied—

(a) that it is appropriate to do so for the purpose of avoiding injustice to the child, or

(b) that, as respects a child to whom this section applies and who is unlawfully at large, it is necessary to do so for the purpose of apprehending the child.

(3) Where the Court dispenses with the requirements of this section, it shall explain in open court the reasons for its decision.

(4) Subsections (3) to (6) of section 51 shall apply, with the necessary modifications, to matter published or broadcast in contravention of subsection (1).

(5) This section shall apply in relation to proceedings on appeal from the Court, including proceedings by way of case stated.

(6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court.

Persons entitled to be present at hearing.

94.—(1) The Court shall exclude from the hearing of any proceedings before it all persons except—

(a) officers of the Court,

(b) the parents or guardian of the child concerned,

(c) an adult relative of the child, or other adult who attends the Court pursuant to section 91 (6),

(d) persons directly concerned in the proceedings,

(e) bona fide representatives of the Press, and

(f) such other persons (if any) as the Court may at its discretion permit to remain.

(2) The order or decision of the Court (if any) in any such proceedings shall be announced in public.

PART 9

Powers of Courts in Relation to Child Offenders

General

Interpretation (Part 9).

95.—In this Part, unless the context otherwise requires—

“Act of 1970” means the Prisons Act, 1970 ;

“Act of 1983” means the Criminal Justice (Community Service) Act, 1983 ;

“children court district” has the same meaning as “district court district”;

“children detention centre” means any place designated as such by the Minister under section 150 (1);

“compensation order” has the meaning assigned to it by section 6 of the Criminal Justice Act, 1993 ;

“day centre” and “day centre order” have the meanings assigned to them by section 118 ;

“detention and supervision order” means an order under section 151 ;

“district” means either a children court district or a district court district, as the context requires;

“district of residence” means—

(a) in relation to an order under this Part affecting a child, the circuit or, as the case may be, the district in which the child resides or will reside while the order is in force, and

(b) in relation to a parental supervision order, the circuit or, as the case may be, the district in which the parents concerned reside or will reside while the order is in force;

“hostel residence” means a residence certified under section 126 ;

“parental supervision order” means an order under section 111 ;

“probation officer's report” has the meaning assigned to it by section 99 ;

“probation order” has the meaning assigned to it by section 2 of the Act of 1907.

Principles relating to exercise of criminal jurisdiction over children.

96.—(1) Any court when dealing with children charged with offences shall have regard to—

(a) the principle that children have rights and freedom before the law equal to those enjoyed by adults and, in particular, a right to be heard and to participate in any proceedings of the court that can affect them, and

(b) the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child.

(2) Because it is desirable wherever possible—

(a) to allow the education, training or employment of children to proceed without interruption,

(b) to preserve and strengthen the relationship between children and their parents and other family members,

(c) to foster the ability of families to develop their own means of dealing with offending by their children, and

(d) to allow children reside in their own homes,

any penalty imposed on a child for an offence should cause as little interference as possible with the child's legitimate activities and pursuits, should take the form most likely to maintain and promote the development of the child and should take the least restrictive form that is appropriate in the circumstances; in particular, a period of detention should be imposed only as a measure of last resort.

(3) A court may take into consideration as mitigating factors a child's age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.

(4) The penalty imposed on a child for an offence should be no greater than that which would be appropriate in the case of an adult who commits an offence of the same kind and may be less, where so provided for in this Part.

(5) Any measures for dealing with offending by children shall have due regard to the interests of any victims of their offending.

Construction of certain references.

97.—Any reference in an enactment, whether in force before or after the commencement of any relevant provision of this Act, to a person convicted, a conviction or a sentence shall, in the case of a child dealt with summarily by the Children Court, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.

Orders on finding of guilt.

98.—Where a court is satisfied of the guilt of a child charged with an offence it may, without prejudice to its general powers and in accordance with this Part, reprimand the child or deal with the case by making one or more than one of the following orders:

(a) a conditional discharge order,

(b) an order that the child pay a fine or costs,

(c) an order that the parent or guardian be bound over,

(d) a compensation order,

(e) a parental supervision order,

(f) an order that the parent or guardian pay compensation,

(g) an order imposing a community sanction,

(h) an order (the making of which may be deferred pursuant to section 144 ) that the child be detained in a children detention school or children detention centre, including an order under section 155 (1),

(i) a detention and supervision order.

Probation Officer's Reports

Probation officer's report.

99.—(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it—

(a) may in any case, and

(b) shall, where it is of opinion that the appropriate decision would be to impose a community sanction, detention (whether or not deferred under section 144 ) or detention and supervision,

adjourn the proceedings, remand the child and request a probation and welfare officer to prepare a report in writing (a “probation officer's report”) which—

(i) would assist the court in determining a suitable community sanction (if any) or another way of dealing with the child, and

(ii) would contain information on such matters as may be prescribed, including any information specifically requested by the court.

(2) The probation officer's report shall, at the request of the court, indicate whether, and if so how, in his or her opinion any lack of care or control by the parents or guardian of the child concerned contributed to the behaviour which resulted in the child being found guilty of an offence.

(3) The court may, in addition, request that a victim impact report be furnished to it in respect of any victim of the child where it considers that such a report would assist it in dealing with the case.

(4) The court may decide not to request a probation officer's report where—

(a) the penalty for the offence of which the child is guilty is fixed by law, or

(b) (i) the child was the subject of a probation officer's report prepared not more than 2 years previously,

(ii) the attitude of the child to, and the circumstances of, the offence or offences to which that report relates are similar to his or her attitude to, and the circumstances of, the offence of which the child has been found guilty, and

(iii) the previous report is available to the court and the court is satisfied that the material in it is sufficient to enable it to deal with the case.

(5) Where a court requests a report under this section, it may at any time summon as a witness any person whose evidence in its opinion would assist it in dealing with the case.

Remand for preparation of report or other reason.

100.—(1) Where the court is satisfied of the guilt of a child, it may defer taking a decision to allow time for the preparation of any report requested pursuant to this Part or for other sufficient reason and for that purpose may remand the child on bail, subject to such conditions as it may think fit, or, pursuant to section 88 , in custody for, where appropriate, the minimum period necessary for the preparation of any such report but not in any case exceeding 28 days.

(2) Notwithstanding subsection (1), where a child in respect of whom any such report is being prepared has been remanded on bail, the court may allow one extension of not more than 14 days for its preparation if satisfied, on application by the person preparing the report, that it is proper to do so.

(3) Any person responsible for making any such report shall make all reasonable endeavours to ensure that the report is lodged with the court at least 4 working days before the end of the period of remand.

Availability of child for preparation of report.

101.—(1) (a) Where a court remands a child on bail to enable any report requested pursuant to this Part to be prepared, it may order—

(i) that in the meantime—

(I) the child shall reside at the residence of his or her parents, guardian, an adult relative or other adult who has undertaken to the court to care for the child, or

(II) where the child is already residing in a children's residential centre to which Part VIII of the Act of 1991 applies or in some other suitable place, the child shall continue to do so,

and

(ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be—

(I) at the residence, centre or other suitable place, or

(II) at any day centre or other place specified in the order.

(b) The time of the first such attendance at a day centre or other place shall be determined in accordance with subsection (3) and be specified in the order.