Anti-Social Behaviour Order

Table of Contents

CHILDREN ACT 2001

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;

F5[“anti-social behaviour” is to be construed in accordance with section 257A(2);]

F6[…]

“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 F7[section 159,]

F7[(b) a place, school, premises or building designated as a children detention school pursuant to section 160, or]

F8[(c) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015);]

“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 F9[…];

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

“family welfare conference” means a conference convened by F10[the F11[Child and Family Agency]] 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

but does not include F10[the F11[Child and Family Agency]];

F9[…]

“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;

F7[“Minister” when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs;]

“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

F7[“prescribed” means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, 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;

F12[…]

“school” means a children detention school;

F13[“secondary victimisation” has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;]

F14[“special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ]

“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 F5[and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour].

(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.

Annotations

Amendments:

F5
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(a) and (g), S.I. No. 65 of 2007.

F6
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F7
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(i), (ii), (b) and (c), S.I. No. 539 of 2015.

F8
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(iii), S.I. No. 539 of 2015.

F9
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(c), (d) and (f), S.I. No. 65 of 2007.

F10
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F11
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F12
Deleted (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 4(d), S.I. No. 111 of 2017.

F13
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 34(1)(a), S.I. No. 530 of 2017.

F14
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 27, S.I. No. 637 of 2017.

Editorial Notes:

E12
Previous affecting provision: definition of “children detention school”, para. (b) amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(b), S.I. No. 65 of 2007; superseded as per F-note above.

E13
Previous affecting provision: definition of “Minister” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(e), S.I. No. 65 of 2007; superseded as per F-note above.

E14
Previous affecting provision: definition of “prescribed” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(f), S.I. No. 65 of 2007; superseded as per F-note above.

PART 12A

Anti-Social Behaviour by Children

Interpretation (Part 12A).

257A.—(1) In this Part—

“behaviour order” means an order under section 257D;

“behaviour warning” shall be construed in accordance with section 257B;

“child” means a child who is at least 12 years of age and under the age of 18 years;

“good behaviour contract” has the meaning given to it in section 257C;

“Programme” means the diversion programme referred to in section 18.

(2) For the purposes of this Part, a child behaves in an anti-social manner if the child causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the child—

(a) harassment,

(b) significant or persistent alarm, distress, fear or intimidation, or

(3) This Part does not apply—

(a) to any behaviour of a child that takes place before this section comes into force, or

(b) to any act or omission of a child in respect of which criminal proceedings have been instituted against the child.]

Annotations

Amendments:

F229
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 159, S.I. No. 65 of 2007.

F230[

Behaviour warning to child.

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

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

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

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

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

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

(ii) issuance of a subsequent behaviour warning,

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

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

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

(a) the behaviour took place, or

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

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

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

Annotations

Amendments:

F230
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 160, S.I. No. 65 of 2007.

F231[

Meeting to discuss anti-social behaviour by child.

257C.—(1) The superintendent in charge of a district, on receipt of a report from a member of the Garda Síochána in that district concerning the behaviour of a child, shall convene a meeting to discuss the child’s behaviour if satisfied that—

(a) the child has behaved in an anti-social manner and is likely to continue doing so, and

(b) the child has previously behaved in an anti-social manner, but—

(i) has not received a warning in respect of previous anti-social behaviour, or

(ii) holding such a meeting would help to prevent further such behaviour by the child.

(2) A report under subsection (1) shall be prepared only after a behaviour warning has been given to the child by a member of the Garda Síochána in relation to the child’s anti-social behaviour.

(3) The report shall include details of the behaviour warning.

(4) The following persons shall be asked to attend a meeting convened under subsection (1):

(a) the child;

(b) his or her parents or guardian;

(d) if the child is already participating in the Programme, a juvenile liaison officer.

(5) The superintendent may request the attendance at the meeting of such other person or persons as he or she considers would be of assistance to the child or the parents or guardian, including a member of the local policing forum (within the meaning of the Garda Síochána Act 2005).

(6) The meeting shall discuss the child’s behaviour.

(7) Subject to subsection (8), at the meeting—

(a) the superintendent shall explain in simple language to the child and the parents or guardian what the offending behaviour is and the effect it is having on any other person or persons,

(b) the child shall be asked to acknowledge that the behaviour has occurred and to undertake to stop it,

(c) the parents or guardian shall be asked to acknowledge the child’s behaviour and to undertake to take steps to prevent a recurrence,

(d) if the child and the parents or guardian agree to give those undertakings, a document (in this section referred to as a “good behaviour contract”) incorporating the undertakings shall be prepared and, where practicable, be signed by the child and the parents or guardian.

(8) The functions of a superintendent under subsection (7) may, at his or her request, be performed by a member of the Garda Síochána not below the rank of inspector, and in that case the member shall provide the superintendent with a written report of the outcome of the meeting.

(9) A good behaviour contract shall expire at the end of a period not exceeding 6 months from the date of the meeting but may be renewed by the child and the parents or guardian for a further period of not more than 3 months.

(10) The superintendent may from time to time review the child’s behaviour in the light of the undertaking given by him or her in the good behaviour contract.

(11) If the child—

(a) has behaved, or continues to behave, in breach of the undertaking, or

(b) in the opinion of the superintendent or the parent or guardian, is likely to so behave,

the superintendent may reconvene the meeting referred to in subsection (1) and renew the contract if the child and the parents so agree.

(12) A renewal of the contract under subsection (11) shall be for a period not exceeding—

(a) 6 months from the date of the original contract, or

(b) 9 months from the date of the original contract,

whichever is the shorter.

(13) Nothing in this section prevents a child being the subject of a further good behaviour contract if the child and the parents or guardian so agree.

(14) This subsection applies—

(a) where a superintendent, having considered a report referred to at subsection (1), does not consider that convening a meeting under this section would help to prevent anti-social behaviour by the child concerned, or

(b) where such a meeting has been convened and—

(i) a good behaviour contract was not prepared because the child or the parents or guardian refused to give the necessary undertaking, or

(ii) the child is in breach of an undertaking given by him or her in such a contract.

(15) Where subsection (14) applies, either—

(a) the child shall be admitted to the Programme, in which case Part 4 shall apply accordingly, with any necessary modifications, in relation to him or her, or

(b) the superintendent, if satisfied that the child’s participation in the Programme would not be appropriate in the circumstances, shall apply to the Children Court for a behaviour order in respect of the child.]

Annotations

Amendments:

F231
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 161, S.I. No. 65 of 2007.

F232
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 21, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

Modifications (not altering text):

C28
Prospective affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 21, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

257C.—(1) F232[A superintendent in a Garda Síochána division, on receipt of a report from a member of the Garda Síochána in that division] concerning the behaviour of a child, shall convene a meeting to discuss the child’s behaviour if satisfied that—

F233[

Behaviour order for children over 12.

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

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

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

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

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

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

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

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

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

(i) school attendance, and

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

and

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

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

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

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

(b) the period specified in the order.

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

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

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

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

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

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

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

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

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

Annotations

Amendments:

F233
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 162, S.I. No. 65 of 2007.

F234[

Appeal against behaviour order.

257E.—(1) A child against whom a behaviour order has been made may, within 21 days from the date that the order is made, appeal the making of the order to the Circuit Court.

(2) An appellant under subsection (1) shall give notice of the appeal to the superintendent in charge of the Garda Síochána district in which the appellant resides.

(3) Notwithstanding the appeal, the behaviour order shall remain in force unless the court that made the order or the appeal court places a stay on it.

(4) An appeal under this section shall be in the nature of a rehearing of the application under section 257D and, for this purpose, subsections (1), (3) and (4) of that section apply in respect of the matter.

(5) If on appeal under this section, the appeal court makes a behaviour order, the provisions of section 257D(6) to (8) apply in respect of the matter.

(6) Notwithstanding the appeal period described in subsection (1), the Circuit Court may, on application by the child subject to the behaviour order or the child’s parent or guardian, extend the appeal period if satisfied that exceptional circumstances exist which warrant the extension.

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

(8) The jurisdiction conferred on the Circuit Court under this section may be exercised as follows:

(a) in respect of section 257D(1), (3) and (4) as those provisions apply to the Circuit Court under subsection (4) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the appellant under this section resides at the time the appeal is commenced;

(b) in respect of section 257D(7) as it applies to the Circuit Court under subsection (5) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the child subject to the behaviour order resides at the time the application is made;

(c) in respect of subsection (6) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the child subject to the behaviour order resides at the time the application is made.]

Annotations

Amendments:

F234
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 163, S.I. No. 65 of 2007.

F235
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 21, subject to transitional provisions in ss. 13, 26, not commenced as of date of revision.

Modifications (not altering text):

C29
Prospective affecting provision: subs. (2) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 21, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

(2) An appellant under subsection (1) shall give notice of the appeal to F235[a superintendent in the Garda Síochána division] in which the appellant resides.

F236[

Offences.

257F.—(1) A child commits an offence who—

(a) fails to give a name and address when required to do so under section 257B(4) or gives a name or address that is false or misleading in response to that requirement, or

(b) without reasonable excuse, does not comply with a behaviour order to which the child is subject.

(2) A member of the Garda Síochána may arrest a child without warrant if the member has reasonable grounds to believe that the child has committed an offence under subsection (1)(b).

(3) A child who is guilty of an offence under this section is liable on summary conviction—

(a) in the case of an offence under subsection (1)(a), to a fine not exceeding €200, and

(b) in the case of an offence under subsection (1)(b), to a fine not exceeding €800 or detention in a children detention school for a period not exceeding 3 months or both.

(4) If a child is ordered to pay a fine and costs on conviction of an offence under subsection (1)(b), the aggregate of the fine and costs shall not exceed €1,500.]

Annotations

Amendments:

F236
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 164, S.I. No. 65 of 2007. A fine of €200 translates into a class E fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €800 translates into a class D fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.

£1,500 converted (1.01.1999) to €1,904.61.

Editorial Notes:

E68
F237[

Legal aid.

257G.—(1) Subject to subsection (2), a child who is the subject of an application for a behaviour order may be granted a certificate for free legal aid (in this Part referred to as a “legal aid (behaviour order) certificate”) in preparation for and representation at the hearing of—

(a) the application,

(b) any application by the child or his or her parents or guardian to vary or discharge a behaviour order,

(d) any proceedings in the High Court or Supreme Court arising out of the making of the application, the appeal or any subsequent proceedings.

(2) A legal aid (behaviour order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate—

(a) that the means of the child concerned or of his or her parents or guardian are insufficient to enable him or her to obtain legal aid, and

(b) that, by reason of the gravity of the alleged anti-social behaviour or of exceptional circumstances, it is essential in the interests of justice that the child should have legal aid in preparation for and representation at the hearing concerned.

(3) A child who is granted a legal aid (behaviour order) certificate is entitled—

(a) to free legal aid in preparation for and representation at the hearing of the application for a behaviour order and any proceedings referred to in subsection (1)(b), (c) and (d), and

(b) to have, in such manner as may be prescribed—

(i) a solicitor assigned to the child in relation to the application for the behaviour order or any application to vary or discharge it,

(ii) a solicitor assigned to the child in relation to any other such proceedings, and

(iii) if the court granting the certificate considers it appropriate, a counsel assigned to the child in relation to any other proceedings referred to in subparagraph (ii).

(4) Where a legal aid (behaviour order) certificate is granted, any fees, costs or other expenses properly incurred in preparation for and representation at the proceedings concerned shall, subject to regulations under section 257H, be paid out of moneys provided by the Oireachtas.

(5) A child applying for a legal aid (behaviour order) certificate may be required by the court granting the certificate to furnish a written statement of his or her means and the means of his or her parents or guardian.

(6) A person who, for the purpose of obtaining free legal aid under this section, whether for himself or herself or for some other person, knowingly makes a false or misleading statement or representation either orally or in writing, or knowingly conceals any material fact, is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(7) On conviction of a person for an offence under this section, the court by which the person is convicted may, if in the circumstances of the case it thinks fit, order the person to pay to the Minister the whole or part of any sum paid under subsection (4) in respect of the free legal aid in relation to which the offence was committed, and any sum so paid to the Minister shall be paid into and disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.]

Annotations

Amendments:

F237
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 165, S.I. No. 65 of 2007. A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C30
Functions under subs. (7) transferred and terms “Department of Finance” and “Minister for Finance” construed (20.9.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., subject to transitional provisions in arts. 5-9.

…

2.— (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

…

are transferred to the Minister for Public Expenditure and Reform.

4.— References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 24 of 2001

Children Act 2001

Sections 257G(7) and 257H(3)

…

F238[

Regulations (legal aid).

257H.—(1) The Minister may make regulations for carrying section 257G into effect.

(2) The regulations may, in particular, prescribe—

(a) the form of certificates granted under that section,

(b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to those certificates, and

(3) Regulations in subsection (2)(b) shall not be made without the consent of the Minister for Finance.

(4) Pending the making of regulations under this section, the regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 shall apply and have effect, with the necessary modifications, in relation to certificates for free legal aid granted under section 257G of this Act as if they were certificates for free legal aid granted under the Criminal Justice (Legal Aid) Act 1962.]

Annotations

Amendments:

F238
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 166, S.I. No. 65 of 2007.

Modifications (not altering text):

C31
Functions under subs. (3) transferred and terms “Department of Finance” and “Minister for Finance” construed (20.9.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., subject to transitional provisions in arts. 5-9.

…

3.— The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

…

are transferred to the Minister for Public Expenditure and Reform.

…

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 24 of 2001

Children Act 2001

Sections 257G(7) and 257H(3)

…

Anti-Social Behaviour Order

CHILDREN ACT 2001

Anti-Social Behaviour by Children

Interpretation (Part 12A).

Behaviour warning to child.

Meeting to discuss anti-social behaviour by child.

Behaviour order for children over 12.

Appeal against behaviour order.

Offences.

Legal aid.

Regulations (legal aid).

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Children Court

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