Detention
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
(c) any person who has custody or care of a child by order of a court,
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
(c) in any other case, both parents;
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.
Detention
Detention orders.
142.—A court may, in accordance with this Part, by order (in this Part referred to as a “children detention order”) impose on a child a period of detention in a children detention school F124[…] specified in the order.
Annotations
Amendments:
F124
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 11, S.I. No. 65 of 2007.
Restriction on detention orders.
143.—(1) The court shall not make an order imposing a period of detention on a child unless it is satisfied that detention is the only suitable way of dealing with the child and F125[…] that a place in a children detention school is available for him or her.
(2) Where an order is made under subsection (1), the court making the order shall give its reasons for doing so in open court.
Annotations
Amendments:
F125
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 12, S.I. No. 65 of 2007.
F126
Inserted by Children (Amendment) Act 2015 (30/2015), s. 8, not commenced as of date of revision.
Modifications (not altering text):
C15
Prospective affecting provision: subs. (2) amended by Children (Amendment) Act 2015 (30/2015), s. 8, not commenced as of date of revision.
(2) Where an order is made under subsection (1), the court making the order shall give its reasons for doing so in open court F126[in language that is appropriate to the age and level of understanding of the child concerned].
Deferment of detention order.
144.—(1) Without prejudice to section 145, where a court—
(a) has considered a probation officer’s report or any other report made pursuant to this Part,
(b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report,
(c) has given the parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence, and
(d) is of opinion that the appropriate way of dealing with the child would be to make a children detention order,
it may defer making the order, in accordance with the provisions of this section, if a place is not available for the child in a children detention school or for any other sufficient reason.
(2) The court shall defer the making of a children detention order only if the court is satisfied that, having regard to the nature of the offence and the age, level of understanding, character and circumstances of the child concerned, it would be in the interests of justice to defer the making of the order.
(3) Where the making of a children detention order is deferred, the court shall adjourn the hearing and order that the child concerned be placed under the supervision of a probation and welfare officer.
(4) In case the making of the order has been deferred because a place for the child is not available in a children detention school, the court shall order that the Director of that school shall apply to the court to make the children detention order when such a place becomes available.
(5) In any other case, the court shall state in open court—
(a) the period of detention that is being deferred,
(b) the date of the resumed court hearing, and
(c) that the court will take into account at that hearing the information in the probation and welfare officer’s report concerning the child’s conduct in the meantime and the other matters mentioned in subsection (7)(b).
(6) The court shall also explain to the child in open court in language appropriate to the level of understanding of the child—
(a) why the making of the children detention order is being deferred and for what period,
(b) any of the conditions referred to in section 117 which the court suggests should be complied with by the child during that period,
(c) the expectation of the court that the child will be of good conduct during that period and the possible consequences for the child of his or her failure to comply with any such conditions, and
(d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with any such conditions and not commit further offences.
(7) (a) The probation and welfare officer under whose supervision the child has been placed shall prepare a report on the child for consideration by the court at the resumed hearing.
(b) The report shall contain information on the child’s conduct after the finding of guilt, including the extent to which the child has complied with any conditions suggested by the court, on any change in the child’s circumstances and on any reparation by the child to the victim, together with any other information which the officer considers to be relevant.
(c) The officer shall make all reasonable endeavours to ensure that the report is lodged with the clerk or other proper officer of the court at least 4 working days before the date of the resumed hearing.
(8) The resumed court hearing shall take place not later than one year from the date of the adjourned hearing and may take place notwithstanding that the child has attained the age of 18 years in the meantime.
(9) At the resumed hearing the court shall consider the report prepared by the probation and welfare officer and, if the court thinks it necessary, hear evidence from the officer and shall by order—
(a) impose the period of detention which it had deferred or any shorter period,
(b) suspend the whole or any portion of a period of detention so imposed, or
(c) impose a community sanction appropriate to the age of the child concerned,
and shall explain to the child in open court the reasons for its decision in language that the child understands.
(10) Where—
(a) the Director of a children detention school applies to the court pursuant to an order under subsection (4), and
(b) the court proposes to make a children detention order,
it may issue a summons requiring the child to appear before it and, if the child does not appear in answer to the summons, may issue a warrant for his or her arrest.
(11) Where the making of a children detention order has been deferred under this section it may not be further so deferred.
Alternative to detention where no place available in children detention school.
145.—Where—
(a) a court would impose a period of detention on a child F127[…] if a place were available for the child in a children detention school,
(b) such a place is not available, and
(c) the court is satisfied that it would not be appropriate in the particular case to defer making a children detention order,
it may make, instead of a children detention order, an order imposing on the child the community sanction it considers most appropriate for the child.
Annotations
Amendments:
F127
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 13, S.I. No. 65 of 2007.
Finding of guilt during deferment.
146.—A court which has deferred the making of a children detention order in relation to a child pursuant to section 144—
(a) may make the order before the expiration of the period of deferment if during that period the child is found guilty of any offence, and
(b) where it proposes to make such an order, whether on the date originally specified by the court or by virtue of paragraph (a) before that date, may issue a summons requiring the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.
Detention in accordance with age of child.
147.—
F128[…]
Annotations
Amendments:
F128
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 14, S.I. No. 65 of 2007.
Document to be produced to Director of children detention school.
148.—Where a child is ordered to be detained in a children detention school, a certified copy of the order shall be delivered with the child to the Director of the children detention school specified in the order and shall be sufficient authority for the detention of the child in the school for that period.
F129[Period of detention in children detention school.
149.— Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence.]
Annotations
Amendments:
F129
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 141, S.I. No. 65 of 2007.
F130
Substituted by Children (Amendment) Act 2015 (30/2015), s. 9, not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: section substituted by Children (Amendment ) Act 2015 (30/2015), s. 9, not commenced as of date of revision.
F130[
Provisions regarding period of detention imposed by court
149. (1) Where a child is convicted of an offence and a period of detention is imposed on the child by a court, the period of detention shall not exceed the term of detention or imprisonment that the court could have imposed on a person of full age and capacity who is convicted of such an offence.
(2) Where a court imposes a period of detention exceeding 3 years on a child, it shall give its reasons for doing so in open court in language that is appropriate to the age and level of understanding of the child.]
Places of detention.
150.—
F131[…]
Annotations
Amendments:
F131
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 15, S.I. No. 65 of 2007.
Detention and supervision.
151.—(1) Where a court is satisfied that detention is the only suitable way of dealing with a child F132[…], it may, instead of making a children detention order, make a detention and supervision order.
(2) A detention and supervision order shall provide for detention in a F133[children detention school] followed by supervision in the community.
(3) Subject to subsection (4), half of the period for which a detention and supervision order is in force shall be spent by the child in detention in a F133[children detention school] and half under supervision in the community.
(4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 F134[or 3, or conditional release under section 2A,] of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child’s release.
(5) The supervision provided for in this section shall be by a probation and welfare officer.
(6) A detention and supervision order, in so far as it relates to detention, shall be deemed for all purposes to be a children detention order.
(7) A detention and supervision order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that the child concerned would be of good behaviour and for reducing the likelihood of the child’s committing any further offences.
(8) Section 130 shall apply, with any necessary modifications, to non-compliance with a detention and supervision order, or with any condition to which it is subject, as if for the references to an order in that section there were substituted references to a detention and supervision order.
Annotations
Amendments:
F132
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 16, S.I. No. 65 of 2007.
F133
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 17, S.I. No. 65 of 2007.
F134
Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 74, S.I. No. 213 of 2023.
F135
Inserted by Children (Amendment) Act 2015 (30/2015), s. 10(a), not commenced as of date of revision.
F136
Deleted by Children (Amendment) Act 2015 (30/2015), s. 10(b), not commenced as of date of revision.
Modifications (not altering text):
C17
Prospective affecting provision: subs. (4) amended by Children (Amendment) Act 2015 (30/2015), s. 10, not commenced as of date of revision.
(4) Where the child is released from detention F135[on being granted remission of portion of his or her period of detention in a children detention school pursuant to regulations made under section 221,] F136[…] supervision of the child in the community under the order shall be deemed to commence on the child’s release.
Transfer.
152.—
F137[…]
Annotations
Amendments:
F137
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 18, S.I. No. 65 of 2007.
Rules governing places of detention.
153.—
F138[…]
Annotations
Amendments:
F138
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 19, S.I. No. 65 of 2007.
Amendment of Criminal Justice (Community Service) Act, 1983.
154.—Section 2 of the Act of 1983 is hereby amended by the insertion of the following after “Saint Patrick’s Institution”—
“F139[…] or in a children detention school”.
Annotations
Amendments:
F139
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 20, S.I. No. 65 of 2007.
F140[
Persons who attain 18 years of age while detained
155. (1) Where—
(a) a person is detained in a children detention school on foot of a children detention order following conviction for an offence, and
(b) the person’s 18th birthday (which in this section shall be known as the ‘relevant date’) will occur before the period of detention specified in the order expires,
that person shall serve any period of detention remaining to be served on the relevant date in a place that shall be determined in accordance with this section.
(2) The Director shall, before the relevant date, request the Minister for Children and Youth Affairs to authorise, under subsection (3), the transfer of a person referred to in subsection (1) on the relevant date or not later than 7 days from that date.
(3) On receiving a request under subsection (2), the Minister for Children and Youth Affairs shall, before the relevant date and after consultation with the Minister, authorise the transfer of the person to such—
(a) place of detention provided under section 2 of the Act of 1970, or
(b) prison,
as the Minister for Children and Youth Affairs, having consulted with the Minister, considers appropriate, to serve the period of detention that remains to be served by that person on the date that he or she is transferred.
(4) On receiving an authorisation under subsection (3), the Director shall transfer the person to the place of detention or prison concerned on the relevant date or not later than 7 days from that date.
(5) Notwithstanding subsections (2), (3) and (4), if—
(a) a person is engaged in a course of education or training in the children detention school, or
(b) the period of detention remaining to be served by a person in the children detention school on the relevant date is 6 months or less,
the Director may, instead of making a request under subsection (2), determine that the person shall continue to be detained in the children detention school for a period not exceeding 6 months from the relevant date.
(6) Where a Director has made a determination under subsection (5) that a person shall continue to be detained in a children detention school for a period not exceeding 6 months from the relevant date and—
(a) before the period has elapsed, the person—
(i) completes the course of education or training to which paragraph (a) of that subsection refers, or
(ii) ceases to be engaged in the course of education or training concerned,
or
(b) the period is about to elapse,
the Director shall, or in the case of a cessation of engagement referred to in paragraph (a) (ii), may, where a period of detention remains to be served by the person, make a request under subsection (2) as soon as may be in respect of that person and in such case, reference in subsections (2) and (3) to “before the relevant date” shall be construed as “as soon as may be” and reference in subsections (2) and (4) to “on the relevant date” shall be construed as a reference to the day after the date of authorisation by the Minister for Children and Youth Affairs under subsection (3).
(7) Notwithstanding any provision to the contrary contained in any enactment, a child shall not be transferred from a children detention school to a place of detention provided under section 2 of the Act of 1970 or to a prison.
(8) In this section—
“Director” means the Director, within the meaning of section 180, of the children detention school in which a person referred to in subsection (1) is detained before the relevant date;
“enactment” has the same meaning as it has in the Interpretation Act 2005.]
Annotations
Amendments:
F140
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 11(1), S.I. No. 539 of 2015, subject to transitional provision in subs. (2).
Editorial Notes:
E28
Previous affecting provisions: section amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 142, S.I. No. 65 of 2007; substituted as per F-note above.
Restriction on punishment of children.
156.—No court shall pass a sentence of imprisonment on a child or commit a child to prison.
F141[Transitional provision.
156A.—F142[…]]
Annotations
Amendments:
F141
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 143, S.I. No. 65 of 2007.
F142
Repealed (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 3(1)(c), S.I. No. 111 of 2017, subject to transitional provisions in subss. (6)-(10) and 11(b).
F143[Application of Prisons Acts, etc. rules to children detention schools.
156B.— F144[…]]
Annotations
Amendments:
F143
Inserted by Criminal Justice Act 2006 (26/2006), s. 144, not commenced.
F144
Provision prospectively inserting section repealed (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 3(2), S.I. No. 111 of 2017.