Offences v Children I

The same charge or proceedings may charge offences of assault, ill-treatment, neglect, abandonment or committing all or any of those offences in a manner likely to cause unnecessary suffering to the child’s health or seriously to affect his welfare.

A person charged with scheduled offences, as set out below, may also be charged with one or more of the above.  A person convicted is not to be liable for a separate penalty in respect of each except on separate charges.

Where in any of the above offences, it is alleged that a person in respect of whom an offence was committed was a child, or was under or had attained any specified age, and he or she appears to the Court to have been at the date of the commission a child or under that age, the person shall be presumed, unless the contrary is shown, to be a child or of that age.

Where a member of An Garda Síochána reasonably suspects that any of the above offences have been committed or attempted, or that a person has committed any such offence or attempted to do so, the member may arrest the person without warrant if

• he reasonably suspects that unless he is arrested, he may abscond for the purpose of evading justice or will obstruct the course of justice,
• having made inquiries has reasonable doubts as to his identity or has reasonable grounds for believing that there is an immediate serious risk to child’s health or the welfare of the child concerned.

Where a member of An Garda Síochána arrests a person under the above powers and has reasonable grounds for believing that there is an immediate and serious risk to the safety, health or wellbeing of the child, and it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order, the member may remove the child to safety. The provisions of the childcare legislation apply. For the purpose of arresting a person, a member of An Garda Síochána, accompanied by others as may be necessary, may enter and search any place.

Where a judge of the District Court is satisfied on the evidence of a registered medical practitioner that the attendance before a Court of any child, in respect of whom any of the above offences is alleged to have been committed, would involve serious danger to the safety, health or wellbeing of the child, the judge may take evidence by sworn deposition, or through live video link or television link, the deposition and video recording evidence are admissible.

Notwithstanding the above, in any proceedings for an offence, the evidence of a child under 14 may be taken or received other than on oath or affirmation, if the Court is satisfied that the child is capable of giving an intelligible account of events which are relevant to those proceedings.

A child whose evidence is taken or makes or  statement material to the proceedings which he or she knows to be false or does not believe to be true, he is guilty of an offence.  He may if found guilty be dealt with as if he or she had been guilty of perjury.

In relation to proceedings against a child or where a child is a witness in proceedings, no report which reveals the name, address or school of the child or includes any particulars likely to lead to his identification, and no picture which purports to be or include a picture of the child which is likely to lead to his identification, shall be published or included in a broadcast.

The Court may dispense to any specified extent with the above provisions if satisfied it is appropriate to do so.  If it does so, it must so explain in open court why it is satisfied that it should be done.  None of the above is to limit or affect the law on contempt.

In any proceedings for an offence a person who, in the opinion of the Court, is a child is called as a witness, the Court may exclude from the Court during the taking of his evidence all persons except bona fide officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons if any, as the Court may in its discretion permit to remain.  This is in addition to any other powers in relation to in camera proceedings.

Where in any of the above offences, it is alleged that a person in respect of whom an offence was committed was a child, or was under or had attained any specified age, and he or she  appears to the Court to have been at the date of the commission a child or under that age, the person shall be presumed, unless the contrary is shown, to be a child or of that age.