Community Sanctions II
Mentor (Family Support) Order
A Mentor (Family Support) Order is facilitated through the Le Cheile Monitoring Project. It is a community sanction with additional requirements by which the Court assigns a person, who may be a relative to help and advise the child and support the child’s family to monitor overall behaviour, in order to help the child avoid further offending. The order may be made for up to two years.
A child in respect of whom an order has been made shall, while the order is in force, be under the supervision of a probation and welfare officer who, in addition to his or her duty to supervise the child, shall help and advise the mentor in supporting the child and the child’s family in its efforts to prevent the child from committing further offences.
The Court must be satisfied on the advice of a probation officer, that a suitable mentor is available through the monitoring program. The child and child’s parents/guardians must consent to the order and agree to cooperate with the mentor.
The order may be made
- where a probation report proposes the sanction,
- the child and family/guardians give their consent;
- it would help the child to set goals and consider other options available and would help build self esteem and motivate a child and give a positive role model.
The process is initiated by the Court requesting that a probation report to include an assessment for a mentor family support order. The report is presented to the court outlining the child’s suitability and setting out whether the child and child’s parent/guardian’s consent.  The Court may make the relevant order.
If the child fails to comply with the order, the Probation Service may apply to Court. There are provisions for variation and revocation of a order. Parents or guardians may withdraw their consent by an application to Court. The mentor can apply to Court to have the order revoked.
Restriction of Movement Order
The Court may make a restriction on movement order in relation to a child. It may order that the child shall be at a specified residence at specified times between 7.00 p.m. on each day and 6.00 a.m. on the following day and/or it may order that the child shall stay away from specified premises, places or localities during specified days or between specified times, when the order is in force.
The order shall state the period, up to six months, during which it is in force, and the times between which the child concerned shall be at the specified residence. In the case of an order requiring the child to stay away from specified premises, it shall be for up to 12 months and shall specify the days and times between which the child concerned shall stay away from specified residence, place or locality.
The order may contain such conditions as the Court considers necessary to help ensure that while the order is in force, the child will be of good behaviour and not commit any further offences.
The Court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty and any educational course, training or other activity in which the child is participating. It shall ensure, insofar as practicable, that the times do not conflict with the practice by the child of his or her religion.
In determining for the purposes of the order, the premises, place, locality and time specified, the Court shall have regard to the age and level of maturity of the child, the nature of the offence and the day or time when the child committed the offence, the place where the offence was committed and the likelihood of the child committing another offence in the same or similar premises.
Certified copies of the order are to be sent to the
- child concerned,
- child’s guardian or parent or adult living in residence so specified if that is not the parent’s or guardian;
There are provisions regarding multiple and successive restrictions on movement orders.
When the order has not been made by a judge of the district, it shall be sent to the district judge for the area concerned and the member in charge of the Garda SÃochána for the place where the child is to reside.
An application may be made by the child, his parents or guardian or an adult living at the residence concerned, to the Children’s Court to vary the order by substituting other times, days or particulars. The Court has similar jurisdiction as above.
Where a child breaches the terms of a restriction on movement order, he or she may be arrested without a warrant. Where it appears to the Court that the child has failed, without reasonable cause, to comply with the order or any condition in it, it may if the order was made by the Court, direct the child to comply with the order or the breached condition or revoke the order and substitute such other, another community sanction or revoke the order and deal with the case in any way in which it could have been dealt with but for the order.
If the order was made by another court, it may remand the child on bail to a sitting of the relevant court. The court shall consider the extent to which, the child has complied with the order or condition in question.
Dual Order
A dual order is a community sanction with the requirements that the child is  under the supervision of a probation officer for a period of time and is subject to restriction of movement for period not exceeding six months or that a child shall attend a day centre for a period not exceeding 90 days.
The Court must be satisfied that the day centre is accessible, the child would benefit from the Programme, the Programme agrees to accept the child and that attendance would not interfere with any training, education, employment, the child is receiving insofar as practicable.
The order may be considered if the Court is opinion that
- neither supervision by a probation officer or attendance at the day centre would adequately reduce the likelihood of the child committing further offences;
- the child is in the moderate to high end of risk of re-offending scale, and
- other lower tariff community sanctions have been unsuccessful,
- suitable day centre is available to the child and
- child agrees to attend the day centre.
The process is similar to that for other community sanction. The Court requests the probation officer to make an assessment for a day centre order and a probation supervision order. It requests the Gardai to provide information relating to the suitability of a restriction of movement order.
A probation report is presented to the Court outlining the child’s suitability. In case of a day centre order, a personalised plan is required for the child, particulars of the number of days the child shall attend the centre and the duration of the order. It will set out if the child consents.
The Gardai are to provide information relating to suitability. The order is made if the Court deems it appropriate.
Every community sanction other than a community service order shall expire six months after the child in question attains the age of 18 years. An order, which imposes a community sanction on a child for an offence which is imposed, shall cease to be in force on the child commencing a period of detention.
Where the Court finds the child guilty of an offence committed while community sanctions were in force, the Court may in addition to or instead of other powers available, revoke the order imposing the community sanction or in addition make such order as additional community sanction orders.
Regulations
Regulations may be made prescribing measures
- to prevent risk to the health and welfare of a child on whom a community sanction has been imposed;
- procedures to be followed by the probation or welfare officer in supervising child;
- records to be kept in relation to the child;
- other matters.
These include
- conditions under which a child may be placed with suitable persons and under which mentors may be assigned to support children and their families;
- forms of contract to be entered by the probation and welfare service with suitable persons and mentors;
- the supervision by a probation and welfare officer of children placed with suitable persons,
- visits by the children to and contact with the parents, guardians and other members of their family and relatives.
Summons for Breach
There is provision for application to court where a child has failed to comply with a community sanction.  The child is summoned (and also the parents and guardian) to answer the complaint. The court may issue a warrant if the child does not appear.
Anti-Social Behaviour Order
There are provisions in respect of antisocial behaviour orders in respect of children. They are largely similar to those in respect of adults which are set out in a separate section. See generally the provisions in respect of antisocial behaviour by adults.
Antisocial behaviour is behaviour where the child causes or in the circumstances is likely to cause one or more persons who are not members of the same household, harassment, significant or persistent alarm, distress, fear or intimidation or  significant or persistent impairment of the use and enjoyment of their property.
A member of An Garda SÃochána may issue a behaviour warning to a child who has behaved in an antisocial manner. It may be issued orally or in writing and if issued in writing, it is to be recorded and served on the child.
Warning
The warning or record is to include a statement that the child has behaved in an antisocial manner and indicate what that behaviour is and when and where it took place, demand that the child cease the behaviour or address the behaviour and include notice that failure to comply with a demand or issuance of a subsequent order may result in an application being made for a behaviour order.
A member of the An Garda Siochana may require the child’s name and address for the purpose of a behaviour order. The behaviour order is to be issued within one month of the relevant behaviour. It lasts for three months.
The superintendent in charge of the  district on receipt of a report from a member of An Garda SÃochána concerning a behaviour order shall convene a meeting to discuss the child’s behaviour if satisfied that the child has behaved in an anti-social manner and is likely to continue doing so, and the child has previously behaved in an anti-social manner, but has not received a warning in respect of previous antisocial behaviour or holding such a meeting would help to prevent such further behaviour by the child.
A report may be made after the behaviour warning has been given. It shall include details of the behaviour warning. Persons asked to attend a meeting convened above shall be the child; parents and guardians; member of An Garda SÃochána who warned the child; and if the child is participating in a Programme, the juvenile liaison officer.
The superintendent may request the attendance of such other persons as he considers would be of assistance to the child or the guardians, including members of the local policing forum.
The meeting shall discuss the child’s behaviour. The superintendent shall explain in simple language to the child and the parents what the offending behaviour is and the effect it is having on any other persons. The child should be asked to acknowledge that the behaviour has occurred and undertake to stop it.
Behaviour Contract
Parents or guardian shall be asked to acknowledge the behaviour and undertake to take steps to prevent its recurrence. If the child and parents or guardians agree to give those undertakings, a good behaviour contract, incorporating the undertakings is prepared and where practicable, signed by the child and parents.
The functions of a superintendent may, be performed by a member of An Garda SÃochána not below the inspector who shall however report to the superintendent in relation to the outcome of the meeting in writing.
A good behaviour contract shall expire at the end of a period not exceeding six months but may be renewed for a further period of not more than three months. The superintendent may from time to time review the child’s behaviour in light of the undertaking.
If the child has behaved or continues to behave, in breach of undertaking or in the opinion of the superintendent or the parent or guardian, is likely to so behave, the superintendent may reconvene the meeting and renew the contract, if the child and the parents so agree. A renewal shall be a period of up to six months or nine months from the original contract date.
The child may be the subject of a further good behaviour contract, if the child or parents so agree. Where the superintendent does not consider convening a meeting would help to prevent anti-social behaviour by the child or where the meeting has been convened and the good behaviour contract was not prepared because the child or guardians refused to give the necessary undertaking, or the child is in breach of an undertaking, the child shall be admitted to the Programme or the superintendent, if satisfied that the participation in the Programme would not be appropriate, shall apply to the Children Court for a behaviour order.
Behaviour Order
The Children’s Court, on application of a member of An Garda SÃochána not below the rank of superintendent, may make an behaviour order. This may prohibit a child of or above the age of 12 years from doing anything specified if satisfied that the child, notwithstanding his or her participation in the procedures above, has continued or is likely to continue to behave in an anti-social manner, the order is necessary to prevent the child from continuing to behave in that manner, and having regard to the effect or likely effect of the behaviour on other persons, the order is reasonable and proportionate.
The application shall indicate the extent of the child’s participation in the above procedure. The Court may impose terms or conditions in the behaviour order that it considers appropriate.
The order may, prohibit a child from behaving in a specified manner and, where appropriate, from so behaving at or in the vicinity of a specified place.  It may require the child to comply with specified requirements, including school attendance, reporting to An Garda SÃochána, a teacher or other person in authority in a school, and it may provide for supervision of the child by a parent or guardian or other specified person or authority with an interest in the child’s welfare.
Behaviour order remains in force up to two years. The Court may vary and discharge the order on application of the child, his parents or a member of An Garda SÃochána not below the rank of superintendent.
The standard of proof in the proceedings is the civil standard; the, proof on the balance of probability provision.
A child against whom a behaviour order is made may appeal to the Circuit Court within 21 days. Notice of the appeal must be given to An Garda SÃochána and filed in the Court Office. The behaviour order continues in force unless the Court that made the order or the appeal Court places a stay on it.
Enforcement Order
It is an offence to give a false name or misleading name in response to a request by a member of ab Garda SÃochána in relation to a behaviour undertaking. It is an offence without reasonable excuse to fail to comply with the behaviour order to which a child is subject.
A member of An Garda SÃochána may arrest a child without a warrant if he has reasonable grounds for believing that the child has committed the offence above. The child who has committed an offence may on summary conviction be liable to a fine of up to €200 in the first case and €800 and detention in the Children’s Centre for a period not exceeding three months in the second case. There is an overall cap on the level of fine and costs that might be imposed.
There is provision for legal aid certificates in relation to a behaviour order proceedings. It may not be granted unless the means of the child or his parents are insufficient to enable him obtain legal aid or by reason of the gravity of the alleged anti-social behaviour or for exceptional circumstances, that it is essential in the interest of justice that the child should have legal aid in preparation for and representation of the hearing concerned. Regulations may be made in relation to legal aid for this purpose.