Juvenile Justice

Table of Contents

Principles of Juvenile Justice

A court dealing with charges against children must have regard to the principle that children have rights and freedom before the law equal to those enjoyed by adults and, in particular, a right to be heard and to participate in any proceedings of the court that can affect them. They must respect the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child.

Because

it is desirable wherever possible to allow the education, training or employment of children to proceed without interruption,
to preserve the relationship with parents and family members,
to foster the ability of families to develop their own means of dealing with offending by their children and to allow children reside in their own homes,

any penalty imposed on a child should cause as little interference as possible with the child’s legitimate activities and pursuits.

They should take the form most likely to maintain and promote the development of the child and should take the least restrictive form that is appropriate in the circumstances. In particular, a period of detention should be imposed only as a measure of last resort.

A court may take into account as mitigating factors, a child’s age and the level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law. The penalty imposed on a child for an offence should be no greater than that which would be appropriate in the case of an adult who commits an offence of the same kind and may be less, where provided for by the legislation.

In dealing with a child, charged with an offence, the court shall have due regard to the child’s best interests , the interest of the victims of the offence and the protection of the society.

Remedies regarding Children

Where a court is satisfied of the guilt of a child charged with an offence it may, without prejudice to its general powers under the Children Act, reprimand the child or deal with the case by making one or more than one of the following orders:

a conditional discharge order,
an order that the child pay a fine or costs,
an order that the parent or guardian be bound over,
a compensation order,
a parental supervision order,
an order that the parent or guardian pay compensation,
an order imposing a community sanction,
an order that the child be detained (which may be deferred) in a detention centre,
a detention and supervision order.

Report

Where a court is satisfied of the guilt of a child, it may and shall, where it is of opinion that the appropriate decision would be to impose a community sanction, detention or detention and supervision, adjourn the proceedings, remand a child and request a probation and welfare officer to prepare a report to assist the court in determining a suitable community sanction if any, or another way of dealing with the child. It should contain such information on matters as may be prescribed, including information specifically requested by the court.

The probation officer’s report shall, at the request of the court, indicate whether, in his opinion any lack of care or control by the parents or guardians concerned contributed to the behaviour resulted in the child being found guilty of an offence. The court may, request a victim impact report be furnished where it considers that would be appropriate in assist in dealing with the case.

The court may decide not to request a probation officer’s report where the penalty is fixed, or there has been a probation officer’s report within the previous two years, and the attitude of the child and circumstances are similar to his attitude as in the case of the earlier offence and the previous report is available, and the court is satisfied that it is sufficient to deal with the case. Where a court requests a report, it may summons a witness whose evidence is of assistance in dealing with the case.

Reports & Bail

Where a court is satisfied of the child’s guilt, it may defer a decision to allow time for the preparation of any reports requested or other sufficient reason. It may remand, the child on bail, subject to such conditions as it may think fit or in custody for periods of up to 28 days.

Where a child in relation to whom a report is being prepared has been remanded on bail, the court may allow one extension of not more than 14 days for its preparation, if satisfied it is proper to do so. A person responsible for making any report shall make all reasonable endeavours to ensure that the report is lodged at least four working days before the end of the period of remand with the court.

Where a child is remanded on bail to enable a report to be prepared, the court may order the child reside at the residence of a parent, guardian, or adult relative or if the child is already in residential care, shall continue to do so. The child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be at the residence, centre day centre or other place specified in the order. Subsequent attendances are to be as required by the person in charge of the day centre or a person preparing the report.

The day centre or other place is to be reasonably accessible to the child having regard to his age and the means of access available in the circumstances.

A person who prepares or furnishes reports under the legislation is not to be under any civil or criminal liability in respect of them, unless he has acted in bad faith.

Use of Report & Decision

A report furnished to a court, be made available, on request, by the clerk or other proper officer

to the parents and guardians of the child or in their absence, an adult relative or adult accompanying the child during the proceedings,
counsel of the child, and solicitor ,
every person entitled to appear and be heard at the proceedings to which the report relates and their legal representatives,
the children’s detention school, the Director and
any other person whom the court thinks has a proper interest.

The court may order the report to be redacted, in part. A person to whom a copy of the report has been made available, may tender evidence on any matter referred to it. The court may, unless any party objects, in exceptional circumstances direct that any report requested be made orally to the court.

Where the court has considered the report requested, it is to deal with the case as set out above. Where the court reaches a decision, it may hear evidence from any person who prepared the report and the persons above required to attend, parents, guardians, etc., if present in court, shall be given the opportunity to give evidence.

The court may, on consideration of a probation officer’s report, request such other report or reports including medical, psychiatric, and psychological reports, as would in its opinion assist in dealing with the case.

Reports Issues

The Director of Probation and Welfare Services shall arrange the preparation of such other reports, which shall contain information on such matters as may be prescribed or as may be specifically requested.

The Minister may make regulations regarding reports. They may provide for inclusion of certain details including

results of interviews with the child,
age, level of maturity, character,
behaviour and attitude of the child and willingness to make amends,
interviews with the child’s parent and guardian where appropriate;
particulars of educational circumstances and prospects;
details of friends and associates;
apparent motive for behaviour.

Fines, Costs and Compensation

Where a court is satisfied of the guilt of a child whom it has dealt with summarily and is of opinion that the appropriate penalty is or includes a fine, the fine shall not exceed half the amount which could impose on a person of full age and capacity for the same offence. In determining the amount of the fine and determining whether costs should be awarded against the child, the court is to take account of the child’s present and future means in so far as they appear or are known to the court and consider whether it requires the child to give evidence as to those means or other financial commitments.

Where a child is ordered to pay a fine, costs or compensation and is in default, the court shall not order that the child be detained in any case where, if the child is of full age, he would have been liable to be committed to prison. In lieu of such an order, the court may make one or more than one of the following orders:

an order reducing the fine,
allowing further time to pay fines, costs or compensation,
an order imposing a community sanction appropriate to the child.

Where child defaults on a fine, costs and compensation, there is a procedure for the child to be arrested and brought before the court. Alternatively, an order may be made under the above provisions.

Parental Supervision Order

A parental supervision order may be made in proceedings where a child is found guilty of an offence. It may be made in the context where the court is satisfied that the child’s parents’ wilful failure to take care or control of the child has contributed to the child’s offending. The order may be up to six months in duration.

The court will appoint a probation officer to supervise compliance by the parents, and by the child. The order may contain conditions requiring persons to undergo treatment for alcohol or substance abuse where facilities are reasonably available to participate in courses for the improvement of parental skills to adequately supervise the child to the best of their ability and comply with court directions.

The court must be satisfied they have considered the parents’ family and social circumstances and the likely effect of the order in those circumstances. The order might be proposed by a probation report.

The court considers the information regarding the parental family and social circumstances. The probation report outlines the parent’s suitability for the order and whether the parent’s consent. The court will allow the parents to be heard. If deemed appropriate, a parental supervision order may be made. The order is to specify that a child is under probation supervision and that the same probation officer is appointed to supervise the parental supervision order.

If there is a failure of compliance, the probation officer may return the case to the court. It may revoke the offer, make an order binding on the parent, an order requiring the parent or guardian to pay compensation or treat the failure to comply as contempt of court.

Compensation Order & Parents

Where a court is satisfied in relation to the guilt of a child and that the appropriate way of dealing with the matter is to make a compensation order whether alone or with other orders, it may order that compensation be paid by the parent or guardian instead of by the child. It may not order compensation to be paid, unless it is satisfied that a wilful failure of the parent or guardian to take care of or control the child contributed to the child’s criminal behaviour.

An order may not be made without giving the parent or guardian etc. the opportunity to be heard. An order imposed may be recovered in the same manner as if made on conviction of the parent or guardian for the offence of which the child was found guilty.

In determining whether to order a parent to pay compensation and in determining the amount of the compensation, the court shall have regard to the present and future means of the parents or guardians in so far as they are known to the court.

A parent or guardian the subject of a compensation order may appeal against it.

Security for Control

Where a court is satisfied of the guilt of a child, it may order the parent or guardian, with his consent, to enter into a recognisance to exercise proper and adequate control over the child. If the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, it may treat the refusal as if it were a contempt of court.

An order may not require a parent or guardian to enter a recognisance

for an amount exceeding €317,
where the child will attain 18 years within three years, or in any case
for off more than three years.

Rules generally in relation to forfeiture of recognisances apply, as it applies in the context of recognisances to keep peace or to be of good behaviour or both.

A recognisance entered by a parent may be forfeited only if the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his committing the offence.

In fixing the amount of the recognisance, the court is to have regard to the present and future means. The parent or guardian may appeal against an order. The court may vary or revoke an order, on application, having regard to the change in circumstances since it was made, if it is in the interests to so do. No order may be made without giving the parent or guardian concerned, an opportunity to be heard.