Detention Centres
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.
PART 5
F64[
Restriction on Criminal Proceedings Against Certain Children
]
Annotations
Amendments:
F64
Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 128, S.I. No. 529 of 2006.
F65[Restriction on criminal proceedings against children.
52.—(1) Subject to subsection (2), a child under 12 years of age shall not be charged with an offence.
(2) Subsection (1) does not apply to a child aged 10 or 11 years who is charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault.
(3) The rebuttable presumption under any rule of law, namely, that a child who is not less than 7 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, is abolished.
(4) Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.]
Annotations
Amendments:
F65
Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 129, S.I. No. 529 of 2006.
Modifications (not altering text):
C10
Application of subs. (4) restricted (10.02.2021) by Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), s. 8, S.I. No. 53 of 2021.
Consent of Director of Public Prosecutions
8. Notwithstanding section 52 (4) of the Children Act 2001, where a child under 17 years of age is charged with an offence under this Act, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.
C11
Application of subs. (1) restricted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35/2011), s. 2(8)(b), S.I. No. 2 of 2012.
Justifiable use of force, etc.
2.— …
(8) An act is criminal notwithstanding that the person doing the act— …
(b) was a person to whom section 52 (1) of the Children Act 2001 applied.
…
C12
Application of subs. (1) restricted by Non-Fatal Offences against the Person Act 1997 (26/1997), s. 18(3)(b), as substituted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35/2011), s. 6(a), S.I. No. 2 of 2012.
…
Justifiable use of force; protection of person or property, prevention of crime, etc.
18.— [(3) For the purposes of this section an act is ‘criminal’ notwithstanding that the person doing the act— …
(b) was a person to whom section 52(1) of the Children Act 2001 applied.]
…
Editorial Notes:
E23
Power to take sample from child offender under certain conditions provided (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 32, S.I. No. 508 of 2015.
Duty of Garda Síochána in relation to certain under-age children.
53.—F66[(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under 12 years of age has committed an offence (except murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault), the member shall endeavour to take the child to the child’s parent or guardian or arrange for another such member to do so.]
(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 F67[the F68[Child and Family Agency]] 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 F67[the F68[Child and Family Agency]].
(4) Where the child comes to the notice of F67[the F68[Child and Family Agency]] in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to F67[the F68[Child and Family Agency]] 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 F67[the F68[Child and Family Agency]] 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 F67[the F68[Child and Family Agency]] 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.
Annotations
Amendments:
F66
Substituted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 130, S.I. No. 529 of 2006.
F67
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 10, S.I. No. 887 of 2004.
F68
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.
Aiding, etc., under-age child to commit offence.
54.—F69[…]
Annotations
Amendments:
F69
Deleted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 5, S.I. No. 529 of 2006.7
PART 10
Children Detention Schools
General
Annotations:
Modifications (not altering text):
C18
Functions transferred and terms “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2012) by Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.
2.— (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Children and Youth Affairs.
3. —(1) The functions vested in the Minister for Justice and Equality by or under—
(a) section 88 (other than subsections (12) and (13)), and
(b) Part 10,
of the Children Act 2001 (No. 24 of 2001) are transferred to the Minister for Children and Youth Affairs.
(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Children and Youth Affairs.
…
Interpretation (Part 10).
157.—In this Part, unless the context otherwise requires—
“Act of 1908” means the Children Act, 1908;
F145[“amalgamation date” has the meaning assigned to it by section 163A;
“amalgamation order” has the meaning assigned to it by section 163A;
“amalgamated school” is a children detention school that is formed by the amalgamation of 2 or more children detention schools pursuant to an amalgamation order;
“Appeal Tribunal” shall be construed in accordance with section 201D;
“approved absence” means the absence of a child from a children detention school under section 202, 203, 204, 205 or 207, as the case may be;]
F146[“authorised person” means a person authorised by the Minister under section 185;]
“board of management” has the meaning assigned to it by section 164;
F147[“child” means—
(a) a person under the age of 18 years in relation to whom a children detention order is in force,
(b) a person of 18 years or over in relation to whom a children detention order is in force and in relation to whom the Director of a children detention school has made a determination under section 155(5) that is in force, or
(c) for the purposes of any provision of this Part that applies to a person remanded under section 88 to a remand centre situated in a children detention school, a person who has been so remanded.]
“Director” means a person appointed under section 180 as Director of a children detention school or, as the case may be, of more than one such school;
F145[“disciplinary breach” has the meaning assigned to it by section 201;
“Inspector” has the meaning assigned to it by section 186A;
“Minister” means the Minister for Children and Youth Affairs;]
F148[…]
F148[…]
“responsible person”, in relation to a child, means a relative of the child or a person in whose care the child is placed under this Act;
F146[“staff” does not include teaching staff;]
“supervision in the community” has the meaning assigned to it by section 207.
Annotations
Amendments:
F145
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(a), S.I. No. 539 of 2015.
F146
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(a), S.I. No. 65 of 2007.
F147
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(b), S.I. No. 539 of 2015.
F148
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(b), S.I. No. 65 of 2007.
Principal object of children detention schools.
158.—It shall be the principal object of children detention schools to provide appropriate F149[appropriate educational, training and other programmes and facilities] for children referred to them by a court and, by—
(a) having regard to their health, safety, welfare and interests, including their physical, psychological and emotional wellbeing,
(b) providing proper care, guidance and supervision for them,
(c) preserving and developing satisfactory relationships between them and their families,
(d) exercising proper moral and disciplinary influences on them, and
(e) recognising the personal, cultural and linguistic identity of each of them,
to promote their reintegration into society and prepare them to take their place in the community as persons who observe the law and are capable of making a positive and productive contribution to society.
Annotations
Amendments:
F149
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 21, S.I. No. 65 of 2007.
F150[
Certified schools under Act of 1908.
159.—(1) Subject to subsection (2), a certified reformatory school or industrial school under Part IV of the Act of 1908 shall, with the agreement of the Minister and the Minister for Education and Science, become a children detention school on the commencement of this section in relation to it.
(2) A certified industrial school under that Part shall, with the agreement of the Minister for Education and Science and the Minister for Health and Children and on the commencement of this section in relation to it, become premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care.
(3) On the commencement of this section in relation to a certified reformatory school or industrial school the functions relating to which stood vested in the Minister for Education and Science (other than the function of providing education and training and related programmes for children detained in it) immediately before such commencement, such functions shall—
(a) if the school becomes a children detention school, be vested in the Minister, or
(b) in the case referred to in subsection (2), be vested in the Health Service Executive.
(4) The lawfulness of the detention, and the period of detention, of a child who is detained in a certified reformatory or industrial school is not affected by the commencement of this section in relation to it.
(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991.]
Annotations
Amendments:
F150
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 146, S.I. No. 65 of 2007.
F151[
Education of children in children detention school, residential centres, etc.
159A.—(1) In this section—
“Inspector” and “recognised school” have the meanings given to them in section 2 of the Education Act 1998;
“transferred premises” means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the F152[Child and Family Agency] under section 38(2) of the Act of 1991;
F153[…]
(2) Any recognised school forming part of transferred premises is dissolved.
(3) A F154[An education and training board] in whose functional area transferred premises are situated shall provide for the education of children in those premises.
(4) Without prejudice to the generality of subsection (3), each F154[education and training board] shall, in respect of any such premises—
(a) plan, coordinate and review the provision of education and services ancillary thereto,
(b) ensure that the education provided therein meets the requirements of education policy as determined from time to time by the Minister for Education and Science,
(c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,
(d) promote the moral, spiritual, social and personal development of the children concerned, and
(e) ensure that the needs of personnel involved in management functions and those in relation to staff development generally are identified and provided for.
(5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.
(6) A person who, immediately before the dissolution under this section of a recognised school, is a member of its teaching staff shall, on such dissolution, become an employee of the vocational education committee in whose functional area the recognised school is situated; and the rights and entitlements enjoyed by the person as such employee in respect of tenure, remuneration, fees, allowances, expenses and superannuation shall not, by virtue of the operation of this Act, be any less beneficial than the rights and entitlements enjoyed by that person immediately before the dissolution.]
Annotations
Amendments:
F151
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 147, S.I. No. 65 of 2007.
F152
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.
F153
Deleted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 36, S.I. No. 211 of 2013.
F154
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 36, S.I. No. 211 of 2013.
F155[
Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).
159B.—(1) In this section—
“board of management” in relation to a certified industrial school, includes managers of the school within the meaning of the Act of 1908;
“certified industrial school” means a certified industrial school under Part IV of the Act of 1908 which becomes transferred premises on the transfer day;
“land” includes any rights, liabilities, powers or privileges relating to or connected with the land;
“property” includes any rights or liabilities relating to or connected with the property;
“transfer day” means the day on which a certified industrial school becomes, by virtue of section 159(2), premises provided and maintained by the F156[Child and Family Agency] under section 38(2) of the Act of 1991 for the provision of residential care for children in care;
“transferred premises” means premises which on the transfer day become premises so provided and maintained.
(2) On the transfer day—
(a) any land or other property, and any other rights or liabilities, vested in the Minister for Education and Science in relation to the certified industrial school concerned or in its board of management immediately before that day, except any rights or liabilities referred to in paragraph (b), is transferred to and vested in the F156[Child and Family Agency] without any conveyance or assignment,
(b) any rights or liabilities—
(i) of the Minister for Education and Science in relation to the school or of its board of management, and
(ii) relating to or connected with members of its teaching staff or their teaching functions,
however arising immediately before that day are transferred to and vested without any assignment in the vocational education committee in whose functional area the transferred premises are situated.
(3) Any rights or liabilities transferred under this section may on and after the transfer day be sued on, recovered or enforced by or against the F156[Child and Family Agency] or the vocational education committee concerned in its own name, and it shall not be necessary for the Executive or committee to give notice of the transfer to the person whose rights or liabilities are so transferred.
(4) Subject to subsection (5), where any proceedings to which the certified industrial school concerned or its board of management is a party are pending immediately before the transfer day, the Minister for Education and Science shall be substituted for the school or board as a party to the proceedings on and after that day, and the proceedings shall not abate by reason of the substitution.
(5) Where—
(a) the Minister for Education and Science is a party to proceedings pending immediately before the transfer day in relation to a certified industrial school or its board of management, whether by virtue of subsection (4) or otherwise, and
(b) the Minister and the F156[Child and Family Agency] or vocational education committee concerned agree that the Executive or committee should be substituted for the Minister as a party to the proceedings,
the Executive or the committee shall notify the other parties to the proceedings accordingly, and the proceedings shall not abate by reason of the substitution.
(6) A person who was an employee of the certified industrial school concerned (other than a member of its teaching staff) immediately before the transfer day shall on that day become an employee of the F156[Child and Family Agency], and the rights and entitlements enjoyed by the person as such employee in respect of his or her terms and conditions of employment, including remuneration, allowances and superannuation, shall not by virtue of the operation of this Act be any less beneficial than the rights and entitlements enjoyed by that person immediately before that day.
(7) The functions, including powers and duties, of the Minister for Health and Children under the Child Care Act 1991, as amended, and the Health Acts 1947 to 2006 in relation to premises provided and maintained under section 38(2) of the Act of 1991 by the F156[Child and Family Agency] for the provision of residential care for children in care apply and have effect in relation to transferred premises.
(8) A child who is found guilty of an offence may not be ordered to be placed or detained in transferred premises.
(9) The Minister for Education and Science shall, before the commencement of section 159(2), direct the transfer of each child convicted of an offence or on remand in respect of an offence from any place which, on such commencement, becomes transferred premises to a certified reformatory or industrial school under Part IV of the Act of 1908 or a children detention school to serve the whole or any part of the unexpired residue of his or her period of detention.
(10) This section is without prejudice to section 159A.]
Annotations
Amendments:
F155
Inserted (20.02.2007 and 1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 148, commenced in so far as it relates to the insertion of subss. (1) and (9) and otherwise, S.I. No. 65 of 2007.
F156
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.
Designation of children detention schools.
160.—(1) The Minister may, with the agreement of its owners, provide any place, or any school or premises, for use as a children detention school and by order designate it as such a school.
(2) The Minister may arrange for the construction of any building for use as a children detention school and by order designate it as such a school.
(3) The Minister may direct one of his or her officers—
(a) to examine the structure, condition and environs of any place, school, premises or building referred to in subsections (1) and (2), and
(b) to report to the Minister on its suitability as a children detention school,
and for that purpose the officer so directed may, with the Minister’s approval, employ whatever expert help and advice he or she considers necessary.
(4) No order shall be made by the Minister under this section in relation to any place, school, premises or building unless, having considered a report under subsection (3), he or she is satisfied that it is suitable for use as a children detention school.
(5) An order under this section may be revoked by the Minister, including an order under this subsection.
(6) An order under this section shall be laid by the Minister before each House of the Oireachtas.
Annotations
Editorial Notes:
E29
Power pursuant to section exercised (22.01.2016) by Children Act 2001 (Section 160 Designation) Order 2016 (S.I. No. 28 of 2016), in effect as per art. 2.
E30
Power pursuant to section exercised (18.03.2015 and 29.03.2015) by Children Act 2001 (Section 160 Designation) Order 2015 (S.I. No. 94 of 2015), art. 2 in effect as per art. 1(2) and art. 3 in effect as per art. 1(3).
Provision of other places for detention of children.
161.—F157[(1) The Minister may enter into arrangements with any person or body for the provision by that person or body on behalf of the Minister of a place (except a prison) where children found guilty of offences can be detained.
(1A) Before entering into any such arrangements, the Minister shall be satisfied that the place provides treatment or other facilities not available in children detention schools.
(1B) The Minister may enter into arrangements under subsection (1) with more than one such person or body.
(1C) A child detained in a children detention school may be transferred to a place provided under subsection (1) with the agreement of the Minister and the person or body providing the place and, with such agreement, may be transferred back to that school ]
(2) The provisions of this Part relating to children detention schools shall, subject to subsection (3), apply to a place provided under subsection (1).
(3) Where a place is so provided, provisions as to its management, staffing and operation generally and the terms, conditions and rules under which it operates shall be subject to agreement between the persons managing it and the Minister.
(4) The powers of any court in relation to children detention schools shall apply also to a place provided under this section.
(5) Any such place need not cater exclusively for children found guilty of offences.
(6) The Minister shall cause the President of the High Court, the President of the Circuit Court and the President of the District Court to be notified of any arrangements entered into under subsection (1).
F158[(7) In this section, “place” includes part of a building.]
Annotations
Amendments:
F157
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 149(a), S.I. No. 65 of 2007.
F158
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 149(b), S.I. No. 65 of 2007.
Funding of such places.
162.—The Minister shall, on such terms and conditions as he or she thinks fit, make available to the persons managing any place provided for under section 161 such funds as are necessary for its operation—
(a) by a periodic contribution of funds,
(b) by a grant, or
(c) by a contribution in kind (whether by way of materials or labour or any other service).
F159[
Closure of children detention school or part thereof
163. (1) Where the Minister is of opinion that a children detention school or part thereof is no longer suitable for the detention of children, or is no longer required for that purpose, he or she may, by order (in this section referred to as a “closure order”)—
(a) specify the children detention school or part thereof to which the order relates,
(b) direct that the children detention school or part thereof specified under paragraph (a) shall cease to be a children detention school or part thereof as the case may be, from the date specified under paragraph (c), and
(c) specify the date on which the children detention school or part thereof shall cease to be a children detention school or part thereof, as the case may be.
(2) In forming an opinion for the purposes of subsection (1), the Minister shall have regard to—
(a) the number of children detained in the children detention school or part thereof and the maximum number of children that can be accommodated in that children detention school or part thereof,
(b) where a remand centre is situated in the children detention school, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,
(c) the sex and age of children detained in the children detention school or part thereof and any remand centre situated in that school,
(d) the number and classes of staff, including teaching staff, working in the children detention school and any remand centre situated in that school,
(e) the educational and training facilities available in the children detention school,
(f) any reports or other information submitted to the Minister by the board of management of the children detention school,
(g) any reports submitted to the Minister in respect of the children detention school by an authorised person pursuant to section 186,
(h) any reports submitted to the Minister in respect of the children detention school by an Inspector pursuant to section 186A,
(i) the best interests of the children who are detained in the children detention school or remanded to a remand centre situated in that children detention school,
(j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,
(k) any operational and administrative efficiencies that could be achieved by closing the children detention school concerned or part thereof, and
(l) whether, having regard to any of the matters referred to in paragraphs (a) to (k), it is in the public interest that the children detention school or part thereof be closed.
(3) Where a board of management of a children detention school informs the Minister that the school is temporarily unsuitable for the detention of children, the Minister may make an order (in this section referred to as a ‘temporary closure order’) declaring that the school shall cease to be such a school from a specified date and for a period specified in the order.
(4) Where the Minister makes a closure order or a temporary closure order, he or she may by the same order direct all or any of the following:
(a) that any child on whom a period of detention had been imposed in the relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall serve the period of detention in such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;
(b) that any child who, immediately before the date of closure, was on an approved absence from a relevant children detention school, shall be on an approved absence from such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;
(c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall be remanded to such other remand centre as may be specified in the closure order or temporary closure order, as the case may be, for that purpose.
(5) If a closure order or temporary closure order contains a direction under paragraph (a) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure—
(a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the relevant children detention school shall be construed as a reference to the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and
(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a), in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (a) of subsection (4).
(6) If a closure order or temporary closure order contains a direction under paragraph (b) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure—
(a) a child referred to in that paragraph shall be regarded as being on an approved absence from the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and
(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph.
(7) If a closure order or temporary closure order contains a direction under paragraph (c) of subsection (4) and another remand centre is specified for that purpose, then, on and after the date of closure—
(a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the remand centre situated in the relevant children detention school shall be construed as a reference to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and
(b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a), to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (c) of subsection (4).
(8) Where—
(a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or
(b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,
any children detained in the children detention school may, before the date of closure, be transferred to another children detention school or placed out under supervision in the community in accordance with the provisions of this Part relating to such transfer or supervision in the community.
(9) Where—
(a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or
(b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,
and a remand centre is situated in the children detention school or part thereof, as the case may be, pursuant to section 88, any child remanded to the remand centre may, before the date of closure, be transferred to another remand centre in accordance with section 88A.
(10) The Minister shall cause a copy of any closure order or temporary closure order made under this section to be sent to the Director and board of management of the relevant children detention school, the Director and board of management of any other children detention school specified in the order, the Director or board of management of any remand centre concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.
(11) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.
(12) In this section—
“date of closure” means the date specified in a closure order under subsection (1)(c) or the date specified in a temporary closure order under subsection (3), as the case may be;
“relevant children detention school” means a children detention school to which a closure order or temporary closure order, as the case may be, relates or, where relevant, a part of a children detention school to which a closure order relates.]
Annotations
Amendments:
F159
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 13, S.I. No. 539 of 2015.
Editorial Notes:
E31
Power pursuant to section exercised (31.03.2010) by Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010 (S.I. No. 46 of 2010).
F160[
Amalgamation of children detention schools
163A. (1) The Minister may by order (in this section referred to as an “amalgamation order”) provide for the amalgamation of 2 or more children detention schools as and from such date as shall be specified in the order (in this section referred to as the “amalgamation date”) and an amalgamated school shall be a children detention school for the purposes of this Act on and after the amalgamation date.
(2) When making an amalgamation order, the Minister shall have regard to—
(a) the number of children detained in each children detention school concerned and the maximum number of children that can be accommodated in each children detention school,
(b) where a remand centre is situated in a children detention school concerned, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,
(c) the sex and age of children detained in or remanded to each children detention school concerned and any remand centre situated in any such school,
(d) the number and classes of staff, including teaching staff, working in each of the children detention schools concerned and any remand centres situated in such schools,
(e) the educational and training facilities available in each children detention school concerned,
(f) any reports or other information submitted to the Minister by the board of management of one or more of the children detention schools concerned,
(g) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an authorised person pursuant to section 186,
(h) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an Inspector pursuant to section 186A,
(i) the best interests of the children who are detained in the children detention schools concerned or remanded to any remand centre situated in a children detention school concerned,
(j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,
(k) any operational and administrative efficiencies that could be achieved by amalgamating the children detention schools concerned, and
(l) whether, having regard to any of the matters referred to in paragraphs (a) to (k), it is in the public interest that the children detention schools concerned be amalgamated.
(3) Where, before the amalgamation date, a child is detained in a relevant children detention school on foot of a children detention order, the lawfulness of the detention, and the period of detention, of the child on and after the amalgamation date in the amalgamated school shall not be affected by the amalgamation order.
(4) If, before the amalgamation date, a remand centre is situated in a relevant children detention school, the Minister shall, by order under section 88 which shall take effect on the amalgamation date, designate a remand centre to be situated in the amalgamated school.
(5) Where, before the amalgamation date, a child is remanded to a remand centre situated in a relevant children detention school, the lawfulness of the remand, and the period of remand, of the child on and after the amalgamation date in a remand centre situated in the amalgamated school shall not be affected by the amalgamation order.
(6) Where the Minister makes an amalgamation order, he or she may by the same order direct all or any of the following:
(a) that any child on whom a period of detention had been imposed in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall serve the period of detention in the amalgamated school;
(b) that any child who, immediately before the amalgamation date, was on an approved absence from a relevant children detention school, shall be on an approved absence from the amalgamated school;
(c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall be remanded to a remand centre situated in the amalgamated school.
(7) If an amalgamation order contains a direction under paragraph (a) of subsection (6) then, on and after the amalgamation date—
(a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a relevant children detention school shall be construed as a reference to the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and
(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a), in the amalgamated school pursuant to paragraph (a) of subsection (6).
(8) If an amalgamation order contains a direction under paragraph (b) of subsection (6), then, on and after the amalgamation date—
(a) a child referred to in that paragraph shall be regarded as being on an approved absence from the amalgamated school concerned, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and
(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the amalgamated school concerned.
(9) If an amalgamation order contains a direction under paragraph (c) of subsection (6) then, on and after the amalgamation date—
(a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a remand centre situated in a relevant children detention school shall be construed as a reference to the remand centre situated in the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and
(b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a), to the remand centre situated in the amalgamated school.
(10) The board of management or boards of management, as the case may be, of the children detention schools which are the subject of an amalgamation order shall cease to exist on the amalgamation date.
(11) The Minister shall appoint a board of management to the amalgamated school in accordance with this Part and such appointment shall take effect on the amalgamation date.
(12) A person who, before the amalgamation date, is a Director or other member of the staff of a relevant children detention school shall, on the amalgamation date, transfer to and become a member of the staff of the amalgamated school and shall be deemed to have been appointed by the board of management of the amalgamated school pursuant to section 180 or section 181, as the case may be.
(13) A reference in any contract of employment of a Director or other member of staff referred to in subsection (12) to—
(a) the board of management of a children detention school, or
(b) a children detention school,
which is the subject of an amalgamation order shall, on the amalgamation date, be construed as a reference to the board of management of the amalgamated school.
(14) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person who becomes a member of staff of an amalgamated school pursuant to subsection (12) shall not, on the amalgamation date, be subject to less beneficial terms and conditions of service (including those relating to tenure of office) or remuneration than the terms and conditions of service (including those relating to tenure of office) or remuneration to which he or she was subject immediately before the amalgamation date.
(15) Where a person becomes a member of staff of an amalgamated school pursuant to subsection (12), previous service with a relevant children detention school shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2014, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005, the Unfair Dismissals Acts 1977 to 2007, the Protection of Employees (Fixed-Term Work) Act 2003, the Parental Leave Acts 1998 and 2006, the Carer’s Leave Act 2001, the Terms of Employment (Information) Acts 1994 to 2012, the Maternity Protection Acts 1994 and 2004 and the Adoptive Leave Acts 1995 and 2005.
(16) The Minister shall cause a copy of any order made under this section to be sent to the boards of management of the children detention schools concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.
(17) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.
(18) In this section—
“contract of employment” means a contract of service whether express or implied and, if express, whether oral or in writing, but shall not include a contract whereby an individual agrees with another person who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract);
“relevant children detention school” in relation to an amalgamation order, means a children detention school to which the amalgamation order relates.]
Annotations
Amendments:
F160
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 14, S.I. No. 539 of 2015.
Editorial Notes:
E32
Power pursuant to section exercised (1.06.2016) by Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016 (S.I. No. 273 of 2016), in effect as per art. 2.
Boards of Management
Boards of management.
164.—(1) The Minister shall appoint a board of management to each children detention school or to more than one such school.
(2) The boards of management of certified reformatory schools and industrial schools which became children detention schools at the commencement of section 159 shall cease to exist on the appointment of boards of management to those schools under this section.
Functions of boards of management.
165.—(1) A board of management shall manage the children detention school or schools to which it has been appointed in accordance with criteria laid down from time to time by the Minister and, without prejudice to the generality of the foregoing, shall—
(a) carry out any such policy in relation to children on remand or in detention as may be specified by the Minister,
(b) cooperate and liaise with other bodies who are interested or engaged in assisting children who have been charged with offences or are at F161[risk, and]
(c) F162[…]
(d) perform the other functions assigned to it under this Part.
(2) Boards of management shall have all such powers as are necessary or expedient for the exercise of their functions.
Annotations
Amendments:
F161
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 150(a), S.I. No. 65 of 2007.
F162
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 150(b), S.I. No. 65 of 2007.
Additional functions.
166.—(1) The Minister may by order assign such additional functions to one or more than one of the boards of management as the Minister considers to be incidental to or consequential on the functions assigned to them under other provisions of this Part.
(2) An order under this section may be amended or revoked by the Minister, including an order under this subsection.
Membership, etc., of boards of management.
167.—(1) Each board of management shall consist of a chairperson and 12 other members.
(2) (a) The Minister shall from time to time as occasion requires appoint a member of a board of management to be its chairperson.
(b) Where the chairperson ceases during his or her term of office to be a member of the board, he or she shall thereupon also cease to be its chairperson.
(c) The chairperson shall, unless he or she sooner dies, resigns, becomes disqualified or is removed from office, hold office as such chairperson until his or her term of office as a member of the board expires but, if reappointed as such a member, he or she shall be eligible for reappointment as chairperson.
(3) In appointing persons to be members of a board of management, the Minister shall have regard to the desirability of their having knowledge or experience of matters that come within the competence of such a board in the performance of its functions.
(4) Of the members of each board of management at least—
(a) one shall be an officer of the Minister,
(b) one shall be F163[an employee of the F164[Child and Family Agency]] nominated by the Minister for Health and Children,
(c) one shall be an officer of the F165[Minister for Education and Science] nominated by that Minister,
(d) two shall be members of the staff of the children detention school or schools under the board’s management, and
(e) two shall be representative of persons living in the area of one or more than one of such schools.
(5) Members of a board of management shall be appointed for a term not exceeding 4 years and shall be eligible for reappointment.
(6) Members of a board of management shall act on a part-time basis.
Annotations
Amendments:
F163
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 16, S.I. No. 887 of 2004.
F164
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.
F165
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 22, S.I. No. 65 of 2007.
Removal and resignation of members.
168.—(1) The Minister may remove from office a member of a board of management who, in the opinion of the Minister, has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the board of its functions.
(2) A member of a board of management may at any time resign by letter addressed to the Minister, and the resignation shall take effect as and from the date on which the Minister receives the letter.
Casual vacancies.
169.—(1) If a member of a board of management dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member in his or her stead.
(2) A person so appointed shall hold office for the remainder of the term of office of the member whom he or she replaces and be eligible for reappointment.
Temporary substitutes.
170.—Whenever it appears to the Minister that any member of a board of management is, on account of illness or for other sufficient reason, temporarily unable to act, the Minister may appoint another person to act for that member for such period as the Minister thinks proper.
Remuneration of members.
171.—The chairperson and any other member of a board of management shall be paid, out of funds at the disposal of the board, such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may from time to time determine.
Funding of Board.
172.—For the purposes of expenditure by a board of management in the performance of its functions, the Minister may in each financial year, with the consent of the Minister for Finance, advance to the board out of moneys provided by the Oireachtas such sum or sums as the Minister, after consultation with the board, may determine.
Accounts and audits.
173.—(1) Each board of management shall—
(a) keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts (including an income and expenditure account and balance sheet) of the resources of the board and of all moneys received or expended by it,
(b) keep such special accounts as the Minister may from time to time direct, and
(c) where a board has been appointed to manage more than one children detention school, ensure that separate accounts are kept and presented to the board by each such school.
(2) (a) Accounts kept in pursuance of this section shall be submitted by each board of management to the Comptroller and Auditor General not later than 3 months after the end of each accounting year.
(b) A copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct, together with a copy of the report of the Comptroller and Auditor General on the accounts, shall be presented by each board to the Minister as soon as may be.
(c) The Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas.
Annual report and information.
174.—(1) Each board of management shall submit to the Minister an annual report which shall include information on the performance of its functions during the year to which it relates, information relating to the children detention school or schools under its management and such other information in such form as each board considers appropriate or as the Minister may direct.
(2) A report under subsection (1) shall be submitted to the Minister not later than 6 months after the end of the year to which it relates.
(3) Each board of management shall, at the request of the Minister, supply the Minister with such information relating to the performance of its functions as the Minister may from time to time specify.
(4) A copy of each report under subsection (1) shall be laid by the Minister before each House of the Oireachtas.
F166[
Final accounts and report
174A. (1) Where a children detention school ceases to be a children detention school pursuant to section 163(1), the Minister shall cause to be prepared final accounts for the accounting period or part thereof ending immediately before the date on which the children detention school ceases to be such a children detention school.
(2) Where a children detention school is amalgamated with another children detention school pursuant to section 163A, the board of management of the amalgamated school shall cause to be prepared final accounts for the accounting period or part thereof ending immediately before the amalgamation date in respect of the children detention schools concerned.
(3) Accounts prepared pursuant to subsection (1) shall, not later than 3 months from the date on which the children detention school ceases to be such a school, be submitted by the Minister to the Comptroller and Auditor General for audit, and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts so audited shall be presented to the Minister.
(4) Accounts prepared pursuant to subsection (2) shall, not later than 3 months from the amalgamation date, be submitted by the board of management of the amalgamated school to the Comptroller and Auditor General for audit, and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts so audited shall be presented to the Minister.
(5) The Minister shall cause copies of any accounts and reports presented to him or her pursuant to subsections (3) and (4) to be laid before each House of the Oireachtas as soon as may be after his or her receipt of them.
(6) Where a children detention school ceases to be a children detention school pursuant to section 163(1), the Minister shall, not later than 6 months from the date on which the children detention school ceases to be such a school, cause to be prepared a final report on the performance by the board of management of the children detention school concerned of its functions during such period as has not already been the subject of a report to the Minister.
(7) Where a children detention school is amalgamated with another children detention school pursuant to section 163A, the board of management of the amalgamated school shall, not later than 6 months from the amalgamation date, prepare and submit to the Minister a final report relating to the performance by the board of management or boards of management, as the case may be, of the children detention schools concerned of their functions during such period as has not already been the subject of a report to the Minister.
(8) The Minister shall cause a copy of any report caused to be prepared by him or her pursuant to subsection (6) or submitted to him or her pursuant to subsection (7) to be laid before each House of the Oireachtas as soon as may be after his or her receipt of that report.]
Annotations
Amendments:
F166
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 15, S.I. No. 539 of 2015.
Meetings and procedure.
175.—(1) Each board of management shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) (a) The chairperson of a board of management shall, if present, chair meetings of the board.
(b) If and so long as the chairperson is not present or if the office of chairperson is vacant, the members who are present at a meeting of the board shall choose one of their number to chair the meeting concerned.
(c) The chairperson and each other member present shall have a vote.
(d) Every question shall be determined by a majority of the votes of the members present and voting on the question.
(e) In the case of an equal division of votes, the chairperson or, in his or her absence, the member chosen to chair the meeting shall have a second or casting vote.
(f) The quorum for a meeting shall be 6 or such greater number as the board may from time to time determine.
(3) A board of management may act notwithstanding one or more than one vacancy among its members and, subject to the provisions of this Part, shall determine its own procedure.
Directions by Minister.
176.—(1) The Minister may give directions to a board of management of a children detention school or the persons managing a place provided under section 161 in relation to their management of the school or place, and the board or persons shall comply with any such directions.
(2) Directions under subsection (1) shall not apply to any individual child detained in any such school or place.
Membership of either House of Oireachtas or of European Parliament.
177.—(1) Where a person who is a member of a board of management is—
(a) nominated as a member of Seanad Éireann, or
(b) elected as a member of either House of the Oireachtas or to the European Parliament, or
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy,
the person shall thereupon cease to be a member of the board.
(2) Where a person employed by a board of management is—
(a) nominated as a member of Seanad Éireann, or
(b) elected as a member of either House of the Oireachtas or to the European Parliament, or
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy,
the person shall thereupon stand seconded from employment by the board and shall not be paid by, or be entitled to receive from, it any remuneration or allowance in respect of the period commencing on such nomination or election or when that person is so regarded as having been elected (as the case may be) and ending when that person ceases to be a member of either such House or such Parliament.
(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while that person is so entitled or is such a member, be disqualified from becoming a member of a board of management or from employment in any capacity by it.
(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with a board of management for the purposes of any superannuation benefits.
Non-disclosure of information.
178.—(1) Subject to subsection (2), a member of a board of management shall not disclose to any person who is not such a member any information relating to any person which the member has acquired as such member without that person’s consent.
(2) Subsection (1) shall not apply in relation to any such disclosure of information to the Minister or his or her officers or to the Comptroller and Auditor General.
Rules by boards of management.
179.—(1) The board of management of a children detention school or schools may at any time F167[with the consent of the Minister], and shall whenever so required by the Minister, make rules—
(a) for the management of the school or schools under its management and the maintenance of discipline and good order generally therein, and
(b) without prejudice to the generality of the foregoing, setting out the procedures and conditions applicable to—
(i) the grant of mobility trips under section 204,
(ii) the grant of temporary leave under section 205, and
(iii) placing out under supervision in the community pursuant to section 207.
(2) The rules shall be consistent with this Part and any regulations made under it by the Minister or any criteria so laid down or general directions so given by him or her for the management of the school or schools concerned.
(3) A notice containing an abridged version of the rules shall be displayed in a conspicuous place in each children detention school, and a child on admission to such a school shall be given a document which contains information relating to the rules and the daily routine in the school and is written in language appropriate to the age of the children catered for in the school.
Annotations
Amendments:
F167
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 23, S.I. No. 65 of 2007.
F168
Deleted by Children (Amendment) Act 2015 (30/2015), s. 16, not commenced as of date of revision.
Modifications (not altering text):
C19
Prospective affecting provision: subs. (1)(a) amended by Children (Amendment) Act 2015 (30/2015), s. 16, not commenced as of date of revision.
(a) for the management of the school or schools under its management and the maintenance of F168[…] good order generally therein, and
Director and staff of schools
The Director.
180.—(1) A board of management shall, from time to time as occasion requires, appoint a person to be responsible for the immediate control and supervision of a children detention school, or more than one such school under its management, and each person so appointed shall be known as the Director of the school or schools concerned.
(2) The appointment of a Director shall be on such terms and conditions as may be determined by the board of management concerned with the consent of the Minister and the Minister for Finance.
(3) A board of management shall, within 10 days after appointing a Director, notify the Minister of the Director’s name.
(4) A Director shall not be a member of the board that appointed him or her.
(5) A Director shall perform such functions as may be assigned to him or her by the board of management concerned.
(6) Such functions of a Director as may be specified by him or her from time to time may, with the consent of the board, be performed by such member of the staff of the children detention school concerned as may be authorised in that behalf by the Director.
(7) The functions of a Director may be performed, during his or her absence or when the post of Director is vacant, by such member of the staff of the children detention school concerned as may from time to time be designated for that purpose by its board of management.
(8) Where a child is detained in a children detention school, the Director of the school shall—
(a) have the like control over the child as if he or she were the child’s parent or guardian, and
(b) do what is reasonable (subject to the provisions of this Part) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s education, health, development or welfare.
Staff of children detention schools.
181.—(1) A board of management shall appoint such and so many persons to be members of the staff of the children detention school or schools under its management as the board, with the consent of the Minister and the Minister for Finance, from time to time thinks proper.
(2) A member of the staff of a children detention school shall be employed on such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the board of management of the school, with the consent of the Minister and the Minister for Finance, may from time to time determine.
(3) (a) The class or classes of staff of a children detention school, and the number of staff in each class, and
(b) the grades in each such class, and the number of staff in each such grade,
shall be determined by the board of management of the school with the consent of the Minister and the Minister for Finance.
Transfer of staff.
182.—Every person who, immediately before the commencement of section 159, was a Director or member of the staff of a certified reformatory school or industrial school which becomes a children detention school on such commencement shall thereupon become and be a member of the staff of that school.
Terms and conditions of transferred staff.
183.—(1) A person who is transferred under the provisions of this Act to a board of management shall not, while in the service of the board, save in accordance with a collective agreement negotiated with any recognised trade union or staff association, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which that person was entitled and the terms and conditions of service to which he or she was subject immediately before the day on which he or she was so transferred.
(2) Until such time as the scale of pay and the terms and conditions of service of a person transferred under the provisions of this Act to a board of management are varied by the board, with the agreement of the Minister and the Minister for Finance, following consultation with any recognised trade unions or staff associations concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before his or her transfer shall continue to apply to him or her and may be applied or imposed by the board while he or she is a member of its staff, and no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to such person immediately before the day on which he or she was so transferred, save in accordance with a collective agreement negotiated with any recognised trade union or staff association.
(3) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the board of management concerned for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees.
F169[ Superannuation
184. (1) Subject to subsection (2), as soon as may be after its appointment, a board of management shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such of the staff (including the Director) of the children detention school or schools under its management as it thinks fit.
(2) A scheme prepared and submitted under this section shall not provide for the granting of superannuation benefits to or in respect of any person referred to in subsection (1) where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.
(3) Every scheme prepared and submitted under this section shall fix the time and conditions of retirement for all persons to whom, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(4) A board of management may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the board of management in accordance with its terms.
(6) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person as may be specified in the scheme and shall be determined in such manner as may be specified in that scheme.
(b) A scheme under this section shall make provision for an appeal of a determination referred to in paragraph (a) to such other person as may be specified in the scheme.
(7) A superannuation benefit shall not be granted by the board of management to or in respect of any persons who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to be staff of a children detention school (including a Director), other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(8) (a) Subject to subsection (11), and save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under this section shall, as respects a person referred to in subsection (1), provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the commencement of this section.
(b) Any period of service by a person as a member of staff (including a Director) of a children detention school which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of staff of the children detention school prior to the commencement of this section shall be regarded as a period of reckonable service for the purposes of any scheme under this section.
(9) Subject to subsection (11), where, in the period beginning on the commencement of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who is a member of staff of a children detention school (including a Director) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by the board of management in accordance with such schemes, arrangements or enactments in relation to superannuation, as applied to the person immediately before the commencement of this section and, for that purpose, his or her pensionable service with the children detention school shall be aggregated with his or her previous pensionable service.
(10) Subject to subsection (11), every scheme or arrangement in relation to superannuation that relates to any member of staff (including the Director) of a children detention school and that is in force immediately prior to the commencement of this section shall—
(a) on and after the commencement of this section, and
(b) only in so far as the scheme or arrangement concerned relates to former members of staff (other than those to whom subsection (1) or (2) refers) of the children detention school concerned, including former Directors and those who are deceased,
continue in force.
(11) Paragraph (a) of subsection (8) and subsections (9) and (10) shall not apply in relation to a provision of a scheme or an arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required but not obtained.
(12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House, within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.
(13) In this section “Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.]
Annotations
Amendments:
F169
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 17, S.I. No. 539 of 2015.
Editorial Notes:
E33
Any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993) reg. 6 and sch. C, sch. C as substituted (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013), reg. 2 and further substituted (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.
E34
Any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part III by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and schedule as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.
E35
Previous affecting provision: any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993) reg. 6 and sch. C, sch. C as substituted (1.08.2008) by Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008), reg. 4.
Inspection of schools
F170[Inspection of children detention schools.
185.—(1) The Minister shall cause each children detention school to be inspected.
(2) An inspection shall be conducted by a person authorised in that behalf by the Minister.
(3) The person so authorised shall have expertise and experience in relation to the inspection of children’s residential accommodation.]
Annotations
Amendments:
F170
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 151, S.I. No. 65 of 2007.
Editorial Notes:
E36
The Chief Inspector of Social Services is prescribed as an authorised person for the purposes of section by Health Act 2007 (23/2007), s. 41(1)(e), not commenced as of date of revision, subject to written agreement between the Minister and the Minister for Justice, Equality and Law Reform.
F171[
Functions of authorised person.
186.—(1) A person authorised under section 185 shall carry out inspections at least once every 12 months of each children detention school.
(2) Without prejudice to the generality of subsection (1), an authorised person shall, in carrying out an inspection of any such school, pay particular attention to—
(a) the conditions in which the children are detained and the facilities available to them,
(b) their health, safety and well-being,
(c) policies and practice concerning the preservation and development of relationships between them and their families,
(d) policies and practice concerning their discipline, care and protection, and
(e) policies and practice in relation to the normal routine of the school.
(3) The authorised person may hear complaints by children who at any time were or who are detained in a children detention school, and for that and any other purpose—
(a) may interview them and any member of the staff in the school concerned, and
(b) shall have access to records, whether in legible or non-legible form, relating to the administration of the school and the children detained therein.
(4) Any interviews with children shall be with their consent and may, if they agree, take place in private.
(5) The authorised person—
(a) shall not be an employee of any children detention school which the person inspects, and
(b) shall be independent in the exercise of his or her functions in carrying out inspections.
(6) The authorised person shall submit a report to the Minister in relation to any inspection carried out under this section and publish the report at the same time as it is so submitted.]
Annotations
Amendments:
F171
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 152, S.I. No. 65 of 2007.
F172[
Investigation of matters arising in relation to children detention schools, etc.
186A.—(1) Where—
(a) matters of concern in relation to a children detention school or place provided under section 161 are raised in a report of a person authorised under section 186 or otherwise, and
(b) the Minister is satisfied that it would be desirable to investigate those matters,
the Minister shall appoint a person (in this section referred to as an “Inspector”) to investigate and report to him or her thereon.
(2) The Inspector shall carry out an investigation into the matters referred to in subsection (1) and such other matters relevant to them as he or she considers necessary for the purposes of the investigation.
(3) For those purposes, the Inspector may—
(a) enter any children detention school or place provided under section 161,
(b) examine the records, whether in legible or non-legible form, of the school or place, and
(c) interview members of the staff of the school, including the Director, and members of its board of management or, as the case may be, members of the staff and managers of the place.
(4) The Inspector—
(a) shall not be an employee of any children detention school which he or she inspects,
(b) shall be independent in the exercise of his or her functions in carrying out inspections, and may interview any child who at any time was or who is detained in a children detention school.
(5) Any such interview shall be with the consent of the child concerned and may, if the child agrees, take place in private.
(6) The Inspector shall submit a report to the Minister in relation to the investigation.
(7) Each such report shall, where appropriate, contain recommendations which in the Inspector’s opinion require to be implemented.
(8) A copy of each such report shall be laid by the Minister before each House of the Oireachtas.
(9) Before laying a report before each House of the Oireachtas pursuant to subsection (3), the Minister may omit material from it where the omission is necessary to avoid the identification of any person.
(10) An appointment of an Inspector shall be for a specified investigation, but the Minister may appoint the same person to carry out a further investigation or investigations as the Minister considers appropriate.
(11) The appointment of an Inspector shall be on such terms and conditions as may be determined by the Minister with, in the case of any terms and conditions relating to remuneration, the consent of the Minister for Finance.]
Annotations
Amendments:
F172
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 153, S.I. No. 65 of 2007.
Powers of Inspector.
187.—
F173[…]
Annotations
Amendments:
F173
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 24, S.I. No. 65 of 2007.
Reports of inspections and investigations.
188.—
F174[…]
Annotations
Amendments:
F174
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 25, S.I. No. 65 of 2007.
Annual report of Inspector.
189.—
F175[…]
Annotations
Amendments:
F175
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 26, S.I. No. 65 of 2007.
Visiting panel.
190.—(1) A visiting panel for children detention schools shall be established as soon as may be after the commencement of this section and shall consist of such number of persons, not being more than 8 or less than 6, as the Minister shall think proper.
(2) The members of the visiting panel shall be appointed by the Minister, and every member so appointed shall hold office as such member for such period not exceeding 3 years as the Minister shall think proper and specifies when appointing the member.
(3) In appointing members of the visiting panel, the Minister shall ensure that persons with knowledge or experience of matters relating to the welfare of children including their cultural and linguistic needs are adequately represented on it.
(4) The Minister may establish at any future time or times one or more than one additional visiting panel should the geographical situation of any of the schools justify such a course.
(5) The Minister may make rules setting out the duties and powers of visiting panels and the manner in which they shall perform the duties and exercise the powers imposed or conferred on them by this Part or by the rules.
Duties and powers of visiting panels.
191.—(1) A visiting panel appointed under section 190 shall observe such of the rules made by the Minister under that section as apply to it, and, subject to those rules, it shall be the duty of a visiting panel—
(a) to visit each children detention school from time to time and at frequent intervals and there to hear any complaint which may be made to it by any child residing in the school and, if so requested by the child, to hear any such complaint in private,
(b) to report to the Minister any abuses or irregularities observed or found by it in any school,
(c) to report to the Minister in relation to any repairs or structural alterations to any school which may appear to it to be needed, and
(d) to report to the Minister in relation to any other matter relating to any school either as instructed by the Minister or on its own initiative.
(2) A visiting panel and every member thereof shall be entitled at all times to visit either collectively or individually a children detention school in respect of which it is appointed and shall at all times have free access either collectively or individually to every such school and every part of it.
(3) The Minister may request the board of management of a children detention school to instruct the visiting panel to report to that board on any matter relating to the school.
(4) The board of management of such a school shall forward to the Minister any report made to it under this section, together with its views on the report.
(5) Copies of any such report and of the board of management’s views on it shall be laid by the Minister before each House of the Oireachtas.
(6) Before laying a report before each House of the Oireachtas, the Minister may omit material from it where the omission is necessary to avoid the identification of any person.
Visits by judges.
192.—Any judge may visit any children detention school or any place provided under section 161 at any time.
Operation of schools
Obligation of Director to accept children.
193.—The Director of a children detention school shall accept any child ordered by a court to be detained in the school, unless the children detention order is, on its face, defective.
Reception of children in schools.
194.—(1) Subject to subsection (2), a children detention school shall be open at all times for the reception of children referred to it under this Part.
(2) The Minister may decide that subsection (1) shall not apply in respect of any school or any part of a school for a specified time where he or she is satisfied that, apart from those children who are eligible and suitable for placing out on supervision in the community under section 207, there are adequate and suitable alternative places available for children during that time in other schools.
(3) Where the Minister makes a decision pursuant to subsection (2), some or all of the children detained in the school the subject of the decision may be transferred to other schools in accordance with the provisions of this Part relating to such transfers or may be placed out on supervision in the community under section 207, if eligible and suitable for being so placed out.
Maximum number of detained children.
195.—(1) The Minister shall certify the maximum number of children who may be detained in each children detention school at any time.
(2) The Minister may vary any certificate under subsection (1), or vary any certificate varied under this subsection, where he or she is satisfied that such a variation is justified.
(3) The Minister shall cause a copy of any certificate or variation of any certificate under this section to be sent to the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school.
Sex and age of detained children.
196.—(1) The Minister shall certify the sex and ages of children who may be detained in each children detention school at any time.
(2) The Minister may vary any certificate under subsection (1), or vary any certificate varied under this subsection, where he or she is satisfied that such a variation is justified.
(3) The Minister shall cause a copy of any certificate or variation of any certificate under this section to be sent to the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school.
Treatment of children.
197.—The Minister shall decide which children detention schools shall provide any particular courses of specialised treatment which in his or her opinion should be available for children who may be in need of any such treatment and shall cause the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school to be informed accordingly.
F176[
Transfer between schools.
198.—(1) The Minister may direct the transfer of a child detained in a children detention school to another such school to serve the whole or any part of the remainder of the child’s period of detention if—
(a) the school to which the child is transferred caters, in accordance with the provisions of this Part, for that class of child, or
(b) the Minister considers that the transfer is necessary in the interests of the good governance of children detention schools,
and, in either case, the school to which the child is transferred provides the conditions and facilities necessary for it to achieve its principal object in the case of the child.
(2) Before giving a direction under this section, the Minister shall consult the Directors of the children detention schools from and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s interests or whether another course should be adopted in respect of the child.
(3) A direction under subsection (1) may be given at the request of the Director of a children detention school and, if so given, this section shall apply in relation to the direction with the necessary modifications.]
Annotations
Amendments:
F176
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 154, S.I. No. 65 of 2007.
Provision as to religious observance.
199.—The Director of a children detention school shall ensure that each child detained in it shall, as far as practicable, be given the opportunity to receive religious assistance and instruction and the opportunity of practising his or her religion.
Provision of medical treatment.
200.—If it appears to the Director of a children detention school that a child detained in it requires medical attention that cannot properly be given in the school, the Director shall make arrangements for the child to be received into any hospital or other institution where he or she can receive the necessary attention, and that child, while so absent from the school, shall for the purposes of this Act be deemed to be in lawful custody.
Discipline.
201. (1) Any child who breaches the rules of a children detention school may be disciplined on the instructions of the Director of the school in a way that is both reasonable and within the prescribed limits.
(2) Without prejudice to the power of the Minister to prescribe limits for the disciplining of children detained in children detention schools, the following forms of discipline shall be prohibited—
(a) corporal punishment or any other form of physical violence,
(b) deprivation of food or drink,
(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing, or
(d) treatment that is cruel, inhuman or degrading.
Annotations
Amendments:
F177
Substituted by Children (Amendment) Act 2015 (30/2015), s. 18(1), not commenced as of date of revision, subject to transitional provision in subs. (2).
Modifications (not altering text):
C20
Prospective affecting provision: section substituted by Children (Amendment) Act 2015 (30/2015), s. 18(1), not commenced as of date of revision, subject to transitional provision in subs. (2).
F177[
Inquiry into alleged disciplinary breach.
201. (1) If a breach of children detention school discipline under—
(a) section 202(6), 203(4), 204(8), 206(8) or 215(6), or
(b) regulations made by the Minister under section 221,
(in this Part referred to as a ‘disciplinary breach’) is alleged to have been committed by a child, the Director of the children detention school concerned may decide to hold an inquiry into the alleged disciplinary breach.
(2) Where the Director decides to hold an inquiry under subsection (1), he or she shall inform the child who is alleged to have committed a disciplinary breach of the alleged disciplinary breach and of the date and time of the inquiry.
(3) The procedure relating to an inquiry may be prescribed by the Minister.
(4) At the conclusion of the inquiry, if the Director—
(a) finds that the child who is the subject of the inquiry committed a disciplinary breach, section 201A shall apply and the Director shall record the finding and any sanction imposed under that section, or
(b) does not find that the child who is the subject of the inquiry committed a disciplinary breach, he or she shall record a finding that the allegation has not been substantiated.]
F178[Sanctions for disciplinary breach
201A. …]
Annotations
Amendments:
F178
Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
Modifications (not altering text):
C21
Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
F178[201A. (1) If at the conclusion of an inquiry under section 201 (amended by section 18 of the Children (Amendment) Act 2015), the Director of the children detention school concerned finds that a child has committed a disciplinary breach, the Director may impose such one or more of the following sanctions as he or she considers appropriate:
(a) caution;
(b) reprimand;
(c) prohibition, for a period not exceeding 60 days, on—
(i) engaging in specified recreational activities, or
(ii) possessing specified articles or articles of a specified class, the possession of which is permitted as a privilege;
(d) forfeiture of such sum (or portion of a sum) of pocket money as is provided to the child by the board of management;
(e) forfeiture of not more than 14 days’ remission of portion of the child’s period of detention on foot of a children detention order,
and the Director shall inform the child of the finding and if a sanction has been imposed, the imposition of the sanction, as soon as may be.
(2) The Director may suspend, subject to such conditions as he or she may specify, the operation of the whole or any part of a sanction so imposed (other than a sanction of forfeiture of remission) for a period not exceeding 3 months from the date the child is informed under subsection (1) of the finding and the imposition of a sanction, if any.
(3) If any condition to which a suspension is subject is not complied with during the period of suspension, the Director may direct—
(a) that the sanction shall take effect either forthwith or from a specified date, or
(b) that it be abated in a specified manner and, as so abated, so take effect.
(4) If any such conditions are complied with during the period of suspension, the sanction ceases to have effect at the end of that period.
(5) The Director may restore all or any part of any remission of portion of a period of detention forfeited by a child under this section if—
(a) he or she considers that its restoration is justified by the child’s good performance over a period of time, or
(b) the child has, in the opinion of the Director, performed an exceptionally meritorious act.
(6) Nothing in this section shall prevent the Director taking immediate provisional or protective measures to maintain order and discipline or the security of the children detention school.
(7) When the Director informs a child under subsection (1) of a finding that the child has committed a disciplinary breach and whether or not the Director imposes a sanction on the child under that subsection in respect of the disciplinary breach, the Director shall explain in ordinary language to the child the content of section 201B(1) and, if any sanction imposed consists of or includes forfeiture of remission of portion of his or her period of detention, of section 201C(1).
(8) Notwithstanding the imposition on a child of a sanction under subsection (1), the child may be—
(a) permitted to be on an approved absence,
(b) ordered to be released under section 209, or
(c) ordered to be discharged under section 210.]
F179[Petition by child against finding of disciplinary breach or sanction or both
201B. …]
Annotations
Amendments:
F179
Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
Modifications (not altering text):
C22
Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
F179[201B. (1) A child who is found by a Director to have committed a disciplinary breach under section 201 (amended by section 18 of the Children (Amendment) Act 2015) may, not later than 7 days after the date the child was informed of the finding and the imposition of any sanction, send to the Director, for transmission to the Minister, a petition concerning the finding or sanction or both the finding and sanction.
(2) On receiving such a petition the Minister may obtain from the Director any additional information that the Minister requires for the purposes of this section and shall, as soon as is reasonably practicable and in any event not later than 14 days from the date the Minister receives the petition—
(a) where the finding is a subject of the petition, affirm, modify or revoke the finding, and
(b) where the sanction is a subject of the petition, affirm, modify, suspend (subject to any terms or conditions as he or she may specify), or revoke the sanction,
and shall cause the child concerned to be notified accordingly.]
F180[Appeal against forfeiture of remission
201C. …]
Annotations
Amendments:
F180
Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
Modifications (not altering text):
C23
Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
F180[201C. (1) Without prejudice to section 201B, a child—
(a) who is found by a Director to have committed a disciplinary breach under section 201 (amended by section 18 of the Children (Amendment) Act 2015), and
(b) on whom a sanction of forfeiture of remission of portion of his or her period of detention has been imposed,
may, not later than 21 days after the date that he or she is notified of the finding and sanction, notify the Director of his or her intention to appeal against the finding or sanction, or both finding and sanction, to an Appeal Tribunal.
(2) On receipt of a notification under subsection (1), the Director shall, as soon as practicable and in any event not later than 7 days after the date of such receipt, refer the matter to an Appeal Tribunal.
(3) The Appeal Tribunal may invite the child and the Director concerned to make written submissions to it in relation to the appeal.
(4) The child concerned shall be notified by the Appeal Tribunal of the date and time of the hearing of the appeal and that he or she—
(a) may attend the hearing, and
(b) may, for the purposes of the hearing, avail himself or herself of legal aid, advice or representation or apply for free legal aid under regulations made under subsection (7).
(5) If the appeal relates only to the sanction imposed, the Appeal Tribunal may limit the hearing to issues relating to the sanction.
(6) The Appeal Tribunal may, as soon as is reasonably practicable and in any event not later than 21 days after the date of the hearing of the appeal—
(a) affirm or annul the finding that the child has committed the disciplinary breach concerned,
(b) affirm or annul the sanction imposed by the Director,
(c) vary the period of remission to be forfeited, subject to the period, as so varied, not exceeding 14 days, or
(d) where it annuls the sanction imposed by the Director, substitute for it any other sanction provided for in section 201A.
(7) The Minister for Justice and Equality may, with the consent of the Minister for Public Expenditure and Reform, make regulations providing for the granting of legal aid to children appealing to an Appeal Tribunal under this section.
(8) The decision of an Appeal Tribunal shall be notified in writing to—
(a) the Director concerned,
(b) the child concerned,
(c) where the child is under 18, unless paragraph (d) applies, to the child’s parents or guardian, and
(d) where on the date of the decision the child is in the care of the Child and Family Agency under the Act of 1991, to the Child and Family Agency.]
F181[Appeal Tribunal
201D. …]
Annotations
Amendments:
F181
Inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
Modifications (not altering text):
C24
Prospective affecting provision: section inserted by Children (Amendment) Act 2015 (30/2015), s. 19, not commenced as of date of revision.
F181[201D. (1) The Minister may, by direction in writing, establish, for a specified period, an Appeal Tribunal or more than one such Tribunal to adjudicate on appeals under section 201C.
(2) An Appeal Tribunal shall be independent in the performance of its functions.
(3) The Minister may appoint—
(a) a practising barrister, or
(b) a practising solicitor,
of not less than 7 years’ standing to be a member of and constitute an Appeal Tribunal.
(4) The appointment shall be subject to such terms and conditions, including terms and conditions relating to remuneration, as the Minister may determine with the consent of the Minister for Public Expenditure and Reform.
(5) A person constituting an Appeal Tribunal may at any time resign by a letter sent to the Minister, and the resignation shall take effect on the date on which the Minister receives the letter.
(6) A person constituting an Appeal Tribunal may at any time be removed from office by the Minister for stated misbehaviour or if, in the opinion of the Minister, the person has become incapable through ill health or otherwise of effectively performing the functions of an Appeal Tribunal.
(7) Subject to any general directions that the Minister may give to one or more Appeal Tribunals for the purpose of securing consistency of procedures in relation to appeals under section 201C, an Appeal Tribunal may determine its own procedure.]
Permitted absence.
202.—(1) The Director of a children detention school may, by order in writing, permit a child to be absent from the school, whether or not accompanied—
(a) for the purpose of attending the funeral of a relative,
(b) for the purpose of visiting a relative who is seriously ill, or
(c) for any other purpose of exceptional importance that the Director thinks proper, being a purpose which the Director considers to be directly associated with the welfare or rehabilitation of the child concerned.
(2) The order shall specify the period for which the child may be absent from the school and the purpose for which it was made.
(3) A copy of the order shall be given to the child at or before the commencement of the absence.
(4) The order may be subject to any conditions, limitations or restrictions that the Director thinks appropriate to impose.
(5) The child to whom a copy of the order is given shall carry the copy at all times during the permitted absence.
(6) A failure, without reasonable excuse, by a child to return to the school when his or her period of permitted absence has expired shall be treated as a breach of the discipline of the school.
(7) A member of the Garda Síochána who detects any child in breach of subsection (6), or of any conditions, limitations or restrictions to which the order permitting the absence is subject, shall so inform the Director of the school concerned and return the child to the school.
(8) The period of a child’s permitted absence from a school shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the period of permitted absence has expired, the time that elapses thereafter shall be excluded in calculating the time during which he or she is to be detained.
Other permitted absences.
203.—(1) The Director of a children detention school may, by order in writing, permit a child to be absent from the school unaccompanied on a recurring basis or on one occasion only—
(a) for the purpose of seeking employment or engaging in employment or obtaining work experience,
(b) for the purpose of receiving additional training or education,
(c) for the purpose of participating in sport, recreation or entertainment in the community, or
(d) for any other purpose conducive to the reintegration of the child into the community.
(2) The Director may at any time before the end of a period of permitted absences under this section cancel the order permitting the absences.
(3) The Director of each children detention school shall keep the F182[Minister and] board of management of the school informed of the implementation of F183[…] policy in relation to absences permitted under this section and section 202.
(4) The provisions of subsections (2) to (8) of section 202 shall, with the necessary modifications, apply in relation to an absence under this section as if it were an absence under that section.
Annotations
Amendments:
F182
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 27, S.I. No. 65 of 2007.
F183
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 27, S.I. No. 65 of 2007.
Mobility trips.
204.—(1) In this section “mobility trips” means authorised absences from a children detention school of children detained therein for the purpose of—
(a) assisting their reintegration into society by promoting their personal and social development, their awareness and appreciation in matters of culture, education and recreation, and
(b) where appropriate, the implementation of any necessary treatment or counselling directions.
(2) Each mobility trip shall be authorised by the Director of the children detention school concerned and shall be granted for a specified period.
(3) During a mobility trip the child shall be accompanied at all times by at least one member of the staff of the school.
(4) Before authorising any mobility trip, the Director shall be satisfied, on the basis of an assessment of the child’s suitability for such trips, that the purpose of the mobility trip is appropriate for the child.
(5) The Minister may suspend, for a specified period, mobility trips for a particular child or for any children detention school where he or she is satisfied that they would not be in the best interests of the child or school or of society generally during that period.
(6) Any period specified in subsection (5) may be renewed on as many occasions as the Minister considers necessary until the circumstances that gave rise to the suspension of the mobility trips no longer apply.
(7) Any breach by a child of the rules governing the grant of mobility trips shall render that child ineligible for such trips for such period as the Director may determine.
(8) Absconding while on a mobility trip shall be treated as a breach of discipline of the school.
(9) The Director of each children detention school shall keep the F184[Minister and] board of management of the school informed of the implementation of the F185[…] rules in relation to the grant of mobility trips.
Annotations
Amendments:
F184
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4, am. no. 28, S.I. No. 65 of 2007.
F185
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4, am. no. 28, S.I. No. 65 of 2007.
Temporary leave.
205.—(1) The Director of each children detention school shall formulate a temporary leave programme for every child detained in the school for whom temporary leave is appropriate and ensure that every such programme is in accordance with the rules of the school’s board of management in that regard.
(2) No temporary leave programme shall provide for temporary leave in the first one month of any child’s period of detention.
F186[(3) The Minister may suspend, for a specified period—
(a) the temporary leave programme of a child, or
(b) the temporary leave programmes of the children in a children detention school,
whether or not such programmes have been altered by the Director under subsection (4), where the Minister is satisfied that temporary leave would not be in the best interests of the child, the children detention school or society generally.
(4) The Director may alter the temporary leave programme of a child where he or she is satisfied that to do so would be in the best interests of the child, the children detention school or society generally.]
(5) The one-month period referred to in subsection (2) need not necessarily have been served in one children detention school.
Annotations
Amendments:
F186
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 20(1), S.I. No. 539 of 2015, subject to transitional provision in subs. (2).
Conditions of grant of temporary leave.
206.—(1) F187[Subject to subsection (1A), a child] while on temporary leave shall be in the care of his or her parents or guardian, or of a responsible person, who shall undertake to the Director of the children detention school concerned to supervise the child during the period of temporary leave.
F188[(1A) Where a Director is of opinion, when formulating a temporary leave programme under section 205(1) or altering a temporary leave programme under section 205(4) for a child aged 18 years or over detained in a children detention school pursuant to section 155, that it is not appropriate for subsection (1) to apply to the child while on temporary leave, and the Director so certifies in writing, then in relation to that child or to the grant of temporary leave to that child—
(a) subsections (1) and (2) shall not apply,
(b) subsection (3) shall apply with the modification that the child shall reside in accommodation specified or approved by the Director, and subsection (4) shall have effect accordingly, and
(c) the requirement in subsection (6) for a member of the Garda Síochána to inform the person who undertook to supervise the child shall not apply.
(1B) In forming an opinion under subsection (1A), the Director shall take into account—
(a) the child’s record of behaviour while in detention,
(b) the family circumstances of the child,
(c) the child’s physical, emotional and mental health, and
(d) any other matters affecting the child’s suitability to be the subject of certification under subsection (1A) that the Director in his or her discretion considers relevant.]
(2) In deciding to grant temporary leave in any case, the Director shall be as satisfied as reasonably possible that the person who has undertaken to supervise the child will do so and, where a child has previously been granted temporary leave, the Director shall take into account how the child was supervised during that leave.
(3) Where a period of temporary leave involves a child being absent from the children detention school for one or more than one night, the child shall reside in the living accommodation of the person who has undertaken to supervise the child or in other accommodation with the prior approval of the Director, and, where that person so agrees, it shall be a condition of the leave that the child remain in that accommodation during a specified period between 7.00 p.m. on any day and 6.00 a.m. on the following day.
(4) Subject to subsection (3), where a child is so absent, a condition of the temporary leave may require the child to remain in the living accommodation of the person supervising the child or in such other accommodation, as the case may be, for different periods on different dates.
(5) Before the commencement of a period of temporary leave in respect of any child, the Director shall arrange for the member in charge of the Garda Síochána station for the area in which the child will reside during the period of the leave to be informed of the child’s address, the period of the leave and, where appropriate, the periods during which the child is required to remain at that address.
(6) A member of the Garda Síochána who detects a child in breach of a condition specified in or pursuant to subsection (3) or (4) shall so inform the Director of the school concerned, return the child to the school in which he or she was detained when granted the temporary leave and inform the person who undertook to supervise the child accordingly as soon as practicable.
(7) A child who contravenes the rules governing temporary leave or, as the case may be, a condition specified in or pursuant to subsection (3) or (4) shall be ineligible for further temporary leave for such period as may be determined in accordance with the policy in that regard of the children detention school in which he or she was detained when granted the temporary leave.
(8) A failure, without reasonable excuse, by a child to return to the school on the expiry of the period of temporary leave shall be treated as a breach of the discipline of the school and of the rules governing temporary leave.
(9) The period of a child’s absence from a school on temporary leave shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the period of temporary leave has expired, the time that elapses thereafter shall be excluded in calculating the period during which he or she is to be detained.
(10) On the grant of temporary leave to a child, the Director shall specify in a notice in writing to the child—
(a) the time of commencement and ending of the period of the leave, and
(b) where appropriate, any condition specified in or pursuant to subsection (3) or (4).
Annotations
Amendments:
F187
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 21(a), S.I. No. 539 of 2015.
F188
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 21(b), S.I. No. 539 of 2015.
Supervision in community.
207.—(1) F189[Subject to subsection (1A), where a child] is detained in a children detention school, the Director of the school may at any time, after consultation with the F190[Director of the Probation and Welfare Service], authorise the placing out of the child under supervision in the community to reside with his or her parents or guardian or a responsible person who is willing to receive and take charge of the child.
F191[(1A) In the case of a child aged 18 years or over detained in a children detention school pursuant to section 155, the Director of the school may, if he or she is of opinion that it is appropriate to do so, authorise under subsection (1) the placing out of the child without a requirement for that child to reside with any specified person, but with a requirement that he or she reside in a place specified or approved by the Director, and if the Director so authorises—
(a) subsection (4)(a)(i) shall not apply to the authorisation,
(b) the provisions of subsection (5)(a) relating to the communication of the conditions of the child’s placing out to the person receiving and taking charge of the child shall not apply to the Director, and
(c) subsection (8) shall not apply to the child.
(1B) In forming an opinion under subsection (1A), the Director shall take into account—
(a) the child’s record of behaviour while in detention,
(b) the family circumstances of the child,
(c) the child’s physical, emotional and mental health, and
(d) any other matters affecting the child’s suitability to be the subject of a placing out referred to in subsection (1A) that the Director in his or her discretion considers relevant.]
(2) Before authorising a placing out under subsection (1), the Director shall be satisfied that the child will continue to receive appropriate education or training while he or she is placed out and that the placing out conforms to the rules of the school’s board of management in that regard.
(3) A child placed out under subsection (1) shall be under the supervision in the community of a probation and welfare officer.
(4) (a) An authorisation under subsection (1) shall be in writing and be signed by the Director and shall specify—
(i) the name of the person who is willing to receive and take charge of the child, and
(ii) any conditions imposed by the Director which he or she considers appropriate and which are consistent with any rules made by the board of management of the school under section 179.
(b) The child shall comply with any conditions so specified.
(5) Where a child is placed out under this section, the Director shall ensure that at the time of the placing out—
(a) the conditions of the child’s placing out are communicated in writing to the child, to the person receiving and taking charge of the child and to the probation and welfare officer supervising the child in the community, and
(b) the placing out and those conditions are notified to the member in charge of the Garda Síochána station for the area in which the child will be residing.
(6) A placing out under this section shall be in force until revoked or until the period of detention imposed by the court has expired, whichever is the sooner, and while it is in force the child shall be deemed to be under the care of the Director.
(7) The Director may at any time, after consultation with the F190[Director of the Probation and Welfare Service], revoke a placing out where—
(a) he or she has reason to believe that it is necessary to do so for the protection or welfare of the child,
F192[(aa) the child, without reasonable excuse, fails to comply with a requirement under subsection (1A) to reside in a place specified or approved by the Director,]
(b) the child, without reasonable excuse, fails to comply with a condition imposed under subsection (4) (a) (ii), or
(c) the child is not receiving appropriate education or training,
and order the child to return to the school.
(8) Any child escaping from the person with whom he or she is placed out shall be liable to the same penalty as if he or she had escaped from the school itself.
(9) The period during which a child who is placed out is absent from a school shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the placing out is revoked, the time that elapses thereafter shall be excluded in calculating the period during which he or she is to be detained.
(10) Where a member of the Garda Síochána has been notified that a child whose placing out has been revoked refuses or fails, without reasonable cause, to return to the school, the member may arrest the child without warrant and forthwith return the child to the school.
(11) Where a placing out of a child has been revoked and the child has returned or has been returned to the school, the Director of the school shall inform the member in charge of the Garda Síochána station for the area where the child resided accordingly.
(12) Where a child is found guilty of an offence committed while placed out, the placing out shall be deemed to be revoked.
Annotations
Amendments:
F189
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 22(a), S.I. No. 539 of 2015.
F190
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.
F191
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 22(b), S.I. No. 539 of 2015.
F192
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 21(c), S.I. No. 539 of 2015.
Voluntary aftercare.
208.—(1) Where a child is released from a children detention school on the completion of his or her period of detention, the child may, with his or her consent, be placed under the supervision of a probation and welfare officer if the Director of the school considers, after consultation with the F193[Director of the Probation and Welfare Service], that to do so would further assist the child’s reintegration into society and help to prevent the child from committing further offences.
(2) Subject to subsection (4), where a child is placed under supervision in accordance with subsection (1), the period of supervision shall continue for as long as the child consents and the probation and welfare officer supervising the child is satisfied that continuance of the supervision is in the child’s interests.
(3) The probation and welfare officer supervising the child shall receive whatever assistance is necessary from the Director of the children detention school concerned to enable the officer to supervise the child effectively.
(4) Where a child is found guilty of an offence committed while under supervision in accordance with this section, the continuance of the supervision shall be reviewed by the F193[Director of the Probation and Welfare Service].
Annotations
Amendments:
F193
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.
Unconditional release.
209.—Where a child is serving a period of detention in a children detention school, the Minister may at any time order the child’s release from the school on compassionate grounds if he or she is satisfied on the basis of a report from the Director of the school, after consultation with the F194[Director of the Probation and Welfare Service], that exceptional circumstances exist which justify the release.
Annotations
Amendments:
F194
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.
Early discharge.
210.—(1) A child detained in a children detention school may be order of the Director of the school be discharged from detention at any time during the period of 24 hours immediately preceding the time when the children detention order concerned would otherwise terminate.
(2) A child so detained whose detention would, but for this subsection, terminate on a Saturday, Sunday or public holiday may, by order of the Director, be discharged from detention on the last preceding day that is not a Saturday, Sunday or public holiday.
Order for production of child.
211.—(1) Where a child is detained in a children detention school, the Director of the school may, on proof to his or her satisfaction that the presence of the child at any place is required in the interests of justice, or for the purpose of any inquest or inquiry, in writing order that the child be taken to that place.
(2) A child taken from a children detention school under this section shall, while outside the school, be kept in such custody as the Director may determine and while in that custody shall be deemed to be in lawful custody.
Responsible persons.
212.—Where a child is in the care or charge of a responsible person under the provisions of section 206 or 207, the responsible person shall—
(a) have the like control over the child as if he or she were the child’s parent or guardian, and
(b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s education, health, development or welfare.
Duty to notify changes of address to school.
213.—(1) The parents or guardian of a child who is detained in a children detention school shall keep the Director of the school informed of their address.
(2) Where a child is transferred pursuant to section 198, the Director of the school or managers of a place from which the child is transferred shall, where practicable, inform the child’s parents or guardian of the transfer, and until the parents or guardian have been so informed their duty under subsection (1) shall be deemed to be duly discharged if they keep the Director of that school informed of their address.
Lawful custody of detained children.
214.—(1) Subject to section 215, a child in respect of whom a children detention order is in force shall be deemed to be in the lawful custody of the Director of the children detention school concerned while detained in the school and thereafter while being conveyed from or to the school, while placed out under supervision in the community or while on a permitted absence under section 202 or 203 or a mobility trip under section 204.
(2) F195[…]
Annotations
Amendments:
F195
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 29, S.I. No. 65 of 2007.
Offences
Escape.
215.—(1) A child who has been ordered by a court to be detained in a children detention school and who—
(a) escapes while being conveyed to or from the school, or
(b) escapes or is otherwise absent without permission from the school or from any hospital or other institution in which the child is receiving medical attention,
shall commit the offence of escape from lawful custody and may at F196[any time, including on or after his or her 18th birthday,] be arrested by a member of the Garda Síochána without warrant and returned to the school or, as the case may be, to the hospital or other institution concerned.
(2) F196[A person guilty of an offence under subsection (1) shall be liable, on summary conviction, to detention or imprisonment for a term not exceeding 3 months.]
(3) F197[…]
(4) Where a person who is found guilty of an offence under subsection (1) is 18 years of age or more, any period of detention imposed on him or her shall be served in a place of detention provided under section 2 of the Act of 1970 or in a prison.
F198[(4A) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned and the person had attained the age of 18 years during the period of his or her escape but is below the age of 18 years and 6 months on the date of his or her return—
(a) subject to section 11(2) of the Children (Amendment) Act 2015, section 155 (other than subsections (1) and (7)) shall, with any necessary modifications, apply to that person,
(b) reference in subsections (2) and (3) of section 155 to “before the relevant date” shall be construed as “as soon as may be”, and
(c) reference in subsections (2) and (4) of section 155 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) of section 155.
(4B) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned, and the person before his or her escape had been detained pursuant to section 155 and is below the age of 18 years and 6 months on the date of his or her return, the Director of the children detention school in which the person had been detained prior to his or her escape may as he or she considers appropriate—
(a) request the Minister to authorise a transfer of the person to a prison or a place of detention provided under section 2 of the Act of 1970, and in such a case paragraphs (b) and (c) of subsection (4C) shall apply, or
(b) make a new determination under section 155(5) in respect of the person and in such case, subsections (6) and (8) of section 155 shall apply with any necessary modifications.
(4C) Where a person escapes from lawful custody within the meaning of subsection (1) and attains the age of 18 years and 6 months during the period of his or her escape—
(a) the Director of the children detention school in which the person had been detained prior to his or her escape shall, as soon as may be, request the Minister to authorise the transfer of the person under paragraph (b),
(b) on receiving a request under paragraph (a), the Minister shall, as soon as may be and after consultation with the Minister for Justice and Equality, authorise the transfer of the person to such—
(i) place of detention provided under section 2 of the Act of 1970, or
(ii) prison,
as the Minister, having consulted with the Minister for Justice and Equality, considers appropriate, to serve the period of detention remaining to be served by that person on the date of his or her escape, and
(c) on the return of the person to the children detention school, hospital or other institution concerned, whether on foot of an arrest by a member of the Garda Síochána pursuant to subsection (1) or otherwise, the Director shall, as soon as may be, transfer the person to the place of detention or prison pursuant to the authorisation under paragraph (b).]
(5) In calculating the period during which a person who, having escaped, is thereafter liable to be F196[detained in a children detention school, or in a prison or place of detention if the person is transferred under this section], the period during which he or she was absent from the children detention school shall not be reckoned as part of the person’s period of detention in the school.
(6) Subject to the foregoing provisions of this section, an escape from a children detention school may be treated as a breach of the discipline of the school.
Annotations
Amendments:
F196
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 23(a), (b) and (d), S.I. No. 539 of 2015.
F197
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 155(b), S.I. No. 65 of 2007.
F198
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 23(c), S.I. No. 539 of 2015.
Editorial Notes:
E37
Previous affecting provision: subs. (2) substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 155(a), S.I. No. 65 of 2007; substituted as per F-note above.
Helping child to escape.
216.—A person who helps a child to escape or attempt to escape from lawful custody or to abscond from any person with whom the child is placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both.
Annotations:
Editorial Notes:
E38
A fine of £750 converted (1.01.1999) to €952.30. This 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(2) and table ref. no. 1, S.I. No. 662 of 2010.
Harbouring escaped child.
217.—Any person who knowingly harbours, maintains or conceals F199[a child, or a person other than a child who has escaped when a child from lawful custody within the meaning of section 215(1), or otherwise prevents a child or such an escaped person] from returning to a children detention school or to any person with whom he or she has been placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both.
Annotations
Amendments:
F199
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 24, S.I. No. 539 of 2015.
Editorial Notes:
E39
A fine of £750 converted (1.01.1999) to €952.30. This 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(2) and table ref. no. 1, S.I. No. 662 of 2010.
Unlawful entry or communication.
218.—A person who without lawful authority—
(a) enters or attempts to enter any children detention school, or
(b) communicates or attempts to communicate with any child detained therein,
shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £250 or imprisonment for a term not exceeding 2 months or both.
Annotations:
Editorial Notes:
E40
A fine of £250 converted (1.01.1999) to €317.43. This translates into a class E fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 1, S.I. No. 662 of 2010.
F200[
Unauthorised provision of mobile telecommunications device
218A. (1) A person who, without lawful authority, supplies or attempts to supply a mobile telecommunications device to a child who is—
(a) detained in a children detention school,
(b) remanded to a remand centre, or
(c) a child to whom paragraph (a) or (b) applies but who is for the time being in lawful custody outside the children detention school or the remand centre, as the case may be,
commits an offence and is liable on summary conviction to a class D fine or imprisonment for a term not exceeding 6 months or both.
(2) In this section “mobile telecommunications device” includes a component of such a device.]
Annotations
Amendments:
F200
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 25, S.I. No. 539 of 2015. A class D fine means a fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(1), S.I. No. 662 of 2010.
Bringing alcohol etc., into schools.
219.—A person who without lawful authority—
(a) brings or attempts to bring into a children detention school, or
(b) delivers or attempts to deliver to a child in any such school,
any alcohol or other prescribed thing, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £250 or imprisonment for a term not exceeding 2 months or both.
Annotations:
Editorial Notes:
E41
A fine of £250 converted (1.01.1999) to €317.43. This translates into a class E fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 1, S.I. No. 662 of 2010.
Other matters
Delegation of certain functions by Minister.
220.—(1) The Minister may, subject to subsection (4), by instrument under his or her hand or seal delegate to a named officer of a specified grade, position or description any function of the Minister under this part specified in the delegation and may revoke the delegation.
(2) A delegation of a function under subsection (1) is without prejudice to the right of the Minister to exercise it.
(3) Every delegated function shall be performed by the delegated officer subject to the general superintendence and control of the Minister and to such limitations (if any) as may be specified by the Minister either in the instrument of delegation or at any time thereafter.
(4) Subsection (1) does not apply to a function conferred on the Minister by sections 163 and 221.
(5) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.
Regulations.
221.—(1) The Minister may make regulations, not inconsistent with this Part and any relevant international instruments to which the State is a party, for or with respect to any matter that is required or permitted by this Part to be prescribed or that is necessary or expedient to be prescribed for giving effect to this Part and, in particular, with respect to—
(a) the promotion of the educational and social development of children detained in children detention schools,
(b) the maintenance of the physical, psychological and emotional wellbeing of such children,
(c) the provision of adequate and suitable accommodation for them,
(d) the control and management of such schools and the maintenance of discipline and good order generally in them,
(e) the inspection and investigation of such schools by the Inspector,
(f) the conduct and functions of the Director and other members of the staff of such schools,
(g) visits and other communications between children detained in such schools and their families, relatives and friends.
(2) Any such regulations may apply generally to children detention schools or apply to one or more than one such school or be limited in their application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind.
(3) The Minister shall cause a copy of any such regulations to be sent to each board of management, who shall comply with them.
(4) The Minister may make regulations analogous to subsections (1) to (3) relating to any place provided under section 161 and for that purpose those subsections shall apply, with the necessary modifications, in relation to any such place.
Annotations
Amendments:
F201
Inserted by Children (Amendment) Act 2015 (30/2015), s. 26, not commenced as of date of revision.
Modifications (not altering text):
C25
Prospective affecting provision: subs. (1)(dd), (de) inserted by Children (Amendment) Act 2015 (30/2015), s. 26, not commenced as of date of revision.
F201[(dd) remission of portion of a child’s period of detention in a children detention school on foot of a children detention order,
(de) without prejudice to the generality of paragraph (d), the acts (other than those referred to in section 201(1)(a)) that constitute disciplinary breaches and in particular the Minister may specify the disciplinary breaches that may result in forfeiture of remission under section 201A(1)(e),]
Pending proceedings.
222.—Where, immediately before the commencement of section 159, the board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, or any agent thereof acting on behalf of such a school, is a party to any proceedings pending in any court or tribunal, the name of the board of management appointed to the school under section 164 shall be substituted in those proceedings for the board of management, trustees or agent, as the case may be, and the proceedings shall not abate by reason of the substitution.
Saving for certain acts.
223.—Nothing in this Act shall affect the validity of any act that was done before the commencement of section 159 by or on behalf of a board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, and every such act shall, if and in so far as it had effect immediately before such commencement, have effect on and after the commencement as if it had been done by or on behalf of the board of management appointed to the school under section 164.
Transitional provisions.
224.—(1) A child who is serving a period of detention in an institution which is a certified reformatory school or an industrial school in accordance with Part IV of the Act of 1908 shall not have his or her period of detention varied by reason only of an alteration of title or description of the said institution.
(2) Where a period of time specified in a provision of the Children Acts, 1908 to 1989, had not expired at the commencement of any corresponding provision of this Act, this Act shall have effect as if the corresponding provision had been in force when the period began to run.
PART 11
Special Residential Services Board
Interpretation (Part 11).
225.—
F202[…]
Annotations
Amendments:
F202
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E42
Previous affecting provision: subs. (1) amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 18, S.I. No. 509 of 2007.
E43
Previous affecting provision: subs. (2) amended (1.12.2006) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 30, S.I. No. 590 of 2006.
Special Residential Services Board.
226.—
F203[…]
Annotations
Amendments:
F203
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E44
The Children Acts Advisory Board (formerly known as the Special Residential Services Board) was dissolved (8.09.2011) by Child Care (Amendment) Act 2011, s. 38, S.I. No. 453 of 2011.
Change of name of Board.
226A.—
F204[…]
Annotations
Amendments:
F204
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E45
Previous affecting provision: section inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 19, S.I. No. 509 of 2007.
Functions of Board.
227.—
F205[…]
Annotations
Amendments:
F205
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E46
Previous affecting provision: section substituted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 20, S.I. No. 509 of 2007.
E47
Previous affecting provision: section amended (1.12.2006) by Criminal Justice Act 2006 (26/2006), s. 156, S.I. No. 590 of 2006.
E48
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 17, S.I. No. 887 of 2004.
Assignment of other functions.
228.—
F206[…]
Annotations
Amendments:
F206
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Policy directions.
229.—
F207[…]
Annotations
Amendments:
F207
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Membership, etc., of Board.
230.—
F208[…]
Annotations
Amendments:
F208
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E49
Previous affecting provision: words in subs. (3)(e) substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.
E50
Previous affecting provision: subs. (1) amended and subs. (3) inserted (1.12.2006) by Criminal Justice Act 2006 (26/2006), s. 157, S.I. No. 590 of 2006.
E51
Previous affecting provision: subs. (3)(b) amended and subs. (7) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 18, S.I. No. 887 of 2004.
Removal and resignation of members.
231.—
F209[…]
Annotations
Amendments:
F209
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Temporary substitutes.
232.—
F210[…]
Annotations
Amendments:
F210
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Casual vacancies.
233.—
F211[…]
Annotations
Amendments:
F211
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Remuneration of members.
234.—
F212[…]
Annotations
Amendments:
F212
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Application to Board of sections 175, 177 and 178.
235.—
F213[…]
Annotations
Amendments:
F213
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Seal.
236.—
F214[…]
Annotations
Amendments:
F214
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Chief Executive of Board.
237.—
F215[…]
Annotations
Amendments:
F215
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Staff of Board.
238.—
F216[…]
Annotations
Amendments:
F216
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Superannuation of staff.
239.—
F217[…]
Annotations
Amendments:
F217
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Editorial Notes:
E52
Defined benefit schemes established under section excluded from Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993) reg. 6 and sch. C, as substituted (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014), reg. 2.
E53
Power pursuant to section exercised (13.01.2011 with retrospective effect from 7.11.2003) by Children Acts Advisory Board Employee Superannuation Scheme 2011 (S.I. No. 3 of 2011).
E54
Power pursuant to section exercised (13.01.2011 with retrospective effect from 7.11.2003) by Children Acts Advisory Board Spouses and Children’s Contributory Pension Scheme 2011 (S.I. No. 4 of 2011).
E55
Any defined benefit scheme established under section is excluded from Pensions Act 1990 (25/1990), Part III, by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and sch. as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.
Funding of Board.
240.—
F218[…]
Annotations
Amendments:
F218
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Accounts and audits of Board.
241.—
F219[…]
Annotations
Amendments:
F219
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Annual report and information.
242.—
F220[…]
Annotations
Amendments:
F220
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Delegation of functions.
243.—
F221[…]
Annotations
Amendments:
F221
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
Regulations.
244.—
F222[…]
Annotations
Amendments:
F222
Part 11 (ss. 225 to 244) repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 47, S.I. No. 453 of 2011.
S.I. No. 46/2010 –
Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010.
S.I. No. 46 of 2010
FINGLAS CHILD AND ADOLESCENT CENTRE (CHILDREN DETENTION SCHOOL) (SECTION 163(1)) ORDER 2010
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th February, 2010.
I, DERMOT AHERN, T.D., Minister for Justice, Equality and Law Reform, being of the opinion that Finglas Child and Adolescent Centre is no longer suitable for the detention of children, in exercise of the powers conferred on me by section 163 (1) of the Children Act 2001 (No. 24 of 2001) hereby order as follows:
1. This order may be cited as the Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010.
2. The Finglas Child and Adolescent Centre, being a children detention school by virtue of section 159 of the Children Act 2001 (No. 24 of 2001), shall cease to be such a school as and from 31 March 2010.
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GIVEN under my Official Seal,
11 February 2010.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This Statutory Instrument provides that the Finglas Child and Adolescent Centre shall cease to be a children detention school as and from 31 March 2010.
S.I. No. 94/2015 –
Children Act 2001 (Section 160 Designation) Order 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 17th March, 2015.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 160 of the Children Act 2001 (No. 24 of 2001) and the Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 668 of 2011 ), having arranged for the construction of buildings and being satisfied, having considered under subsection (4) a report made under subsection (3) of that section, that each such building is suitable for use as a children detention school, hereby order as follows:
1. (1) This Order may be cited as the Children Act 2001 (Section 160 Designation) Order 2015.
(2) This Order (other than Article 3) comes into operation on 18 March 2015.
(3) Article 3 comes into operation on 29 March 2015.
2. The buildings situated within the Oberstown Campus, Oberstown, Lusk, in the county of Dublin and coloured in blue and marked H5 and H7 on the map in the Schedule are designated as part of the children detention school commonly known as Oberstown Boys’ School.
3. The buildings situated within the Oberstown Campus, Oberstown, Lusk, in the county of Dublin and coloured in red and marked H6, H8 and H9 on the map in the Schedule are designated as part of the children detention school commonly known as Trinity House School.
SCHEDULE
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GIVEN under my Official Seal,
12 March 2015.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The effect of this order is to formally designate buildings on the Oberstown campus, Oberstown, Lusk, Co. Dublin as parts of children detention schools under section 160 of the Children Act 2001 .
.I. No. 28/2016 –
Children Act 2001 (Section 160 Designation) Order 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th January, 2016.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 160 of the Children Act 2001 (No. 24 of 2001), having arranged for the construction of a building and being satisfied, having considered under subsection (4) of that section a report made under subsection (3) of that section, that the building is suitable for use as a children detention school, hereby order as follows:
1. This Order may be cited as the Children Act 2001 (Section 160 Designation) Order 2016.
2. This Order comes into operation on 22 January 2016.
3. The building situated within the Oberstown Campus, Oberstown, Lusk, in the county of Dublin coloured in blue and marked H10 on the map in the Schedule is designated as part of the children detention school commonly known as Oberstown Boys’ School.
SCHEDULE
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GIVEN under my Official Seal,
21 January 2016.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The effect of this order is to formally designate a building on the Oberstown campus, Oberstown, Lusk, Co Dublin as part of Oberstown Boys’ School under section 160 of the Children Act 2001 .
S.I. No. 273/2016 –
Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th May, 2016.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 163A (inserted by section 14 of the Children (Amendment) Act 2015 (No. 30 of 2015)) of the Children Act 2001 (No. 24 of 2001), hereby order as follows:
1. This Order may be cited as the Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016.
2. As and from 1 June 2016 (in this Order referred to as the “amalgamation date”) the following children detention schools situated within the Oberstown Campus, Oberstown, Lusk, in the county of Dublin are amalgamated:
(a) Oberstown Boys’ School;
(b) Oberstown Girls’ School;
(c) Trinity House School.
3. The children detention school formed by the amalgamation of the children detention schools specified in paragraphs (a) to (c) of Article 2 shall be known as Oberstown Children Detention Campus.
4. It is hereby directed that—
(a) any child on whom a period of detention has been imposed in a children detention school specified in paragraph (a), (b) or (c) of Article 2 by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall serve the period of detention in Oberstown Children Detention Campus,
(b) any child who, immediately before the amalgamation date, was on an approved absence from a children detention school specified in paragraph (a), (b) or (c) of Article 2, shall be on an approved absence from Oberstown Children Detention Campus, and
(c) any child remanded to a remand centre situated in a children detention school specified in paragraph (a), (b) or (c) of Article 2 by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall be remanded to the remand centre situated in Oberstown Children Detention Campus.
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GIVEN under my Official Seal,
20 May 2016.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The effect of this Order is to amalgamate Oberstown Boys School, Oberstown Girls School and Trinity House School, all of which are children detention schools on the Oberstown campus, Lusk, Co Dublin, into a single legal entity. The children detention school formed by the amalgamation shall be known as Oberstown Children Detention Campus.
S.I. No. 274/2016 –
Children Act 2001 (Designation of Remand Centre) Order 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th May, 2016.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by subsections (1) to (11) of section 88 (amended by section 5 of the Children (Amendment) Act 2015 (No. 30 of 2015)) of the Children Act 2001 (No. 24 of 2001), hereby order as follows:
1. This Order may be cited as the Children Act 2001 (Designation of Remand Centre) Order 2016.
2. In this Order, “Amalgamation Order” means the Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016.
3. This Order comes into operation on 1 June 2016, being the date specified in the Amalgamation Order as the amalgamation date.
4. The children detention school formed by the Amalgamation Order and known as Oberstown Children Detention Campus situated within the Oberstown Campus, Oberstown, Lusk, in the county of Dublin, is designated as a remand centre.
5. The sex and age of children who may be remanded to Oberstown Children Detention Campus are as follows:
(a) boys who, on the date of the court decision to remand in custody, are aged not less than 10 years old and less than 18 years old;
(b) girls who, on the date of the court decision to remand in custody, are aged not less than 10 years old and less than 18 years old.
6. The following are revoked:
(a) the Children Act 2001 (Designation of Remand Centres) Order 2012 ( S.I. No. 136 of 2012 );
(b) the Children Act 2001 (Designation of Remand Centres) (Amendment) Order 2015 ( S.I. No. 95 of 2015 ).
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GIVEN under my Official Seal,
20 May 2016.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The effect of this Order is to designate Oberstown Children Detention Campus, a children detention school created as a result of the amalgamation of three children detention schools in Oberstown, Lusk, Co Dublin, as a remand centre for children remanded in custody under section 88 of the Children Act 2001 . The Order also confirms the age categories of children who may be remanded in custody to Oberstown Children Detention Campus.