Offences v Children
Charging Issues
The same charge or proceedings may charge offences of assault, ill-treatment, neglect, abandonment or committing all or any of those offences in a manner likely to cause unnecessary suffering to the child’s health or seriously affect his welfare.
A person charged with scheduled offences, as set out below, may also be charged with one or more of the above. A person convicted is not to be liable for a separate penalty in respect of each except on separate charges.
Where in any of the above offences, it is alleged that a person in respect of whom an offence was committed was a child, or was under or had attained any specified age, and he or she appears to the Court to have been at the date of the commission a child or under that age, the person shall be presumed, unless the contrary is shown, to be a child or of that age.
Power of Arrest
Where a member of An Garda SÃochána reasonably suspects that any of the above offences have been committed or attempted, or that a person has committed any such offence or attempted to do so, the member may arrest the person without warrant if
- he reasonably suspects that unless he is arrested, he may abscond for the purpose of evading justice or will obstruct the course of justice,
- having made inquiries has reasonable doubts as to his identity or has reasonable grounds for believing that there is an immediate serious risk to the child’s health or the welfare of the child concerned.
Where a member of An Garda SÃochána arrests a person under the above powers and has reasonable grounds for believing that there is an immediate and serious risk to the safety, health or wellbeing of the child, and it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order, the member may remove the child to safety.
The provisions of the childcare legislation apply. For the purpose of arresting a person, a member of An Garda SÃochána, accompanied by others as may be necessary, may enter and search any place.
Child Evidence
Where a judge of the District Court is satisfied on the evidence of a registered medical practitioner that the attendance before a Court of any child, in respect of whom any of the above offences are alleged to have been committed, would involve serious danger to the safety, health or wellbeing of the child, the judge may take evidence by sworn deposition, or through live video link or television link, the deposition and video recording evidence are admissible.
Where in any of the above offences, it is alleged that a person in respect of whom an offence was committed was a child, or was under or had attained any specified age, and he or she appears to the Court to have been at the date of the commission a child or under that age, the person shall be presumed, unless the contrary is shown, to be a child or of that age.
Sworn Equivalent
Notwithstanding the above, in any proceedings for an offence, the evidence of a child under 14 may be taken or received other than on oath or affirmation if the Court is satisfied that the child is capable of giving an intelligible account of events which are relevant to those proceedings.
A child whose evidence is taken or makes a statement material to the proceedings which he or she knows to be false or does not believe to be true is guilty of an offence. He may, if found guilty, be dealt with as if he or she had been guilty of perjury.
Anonymity
In relation to proceedings against a child or where a child is a witness in proceedings, no report which reveals the name, address or school of the child or includes any particulars likely to lead to his identification, and no picture which purports to be or include a picture of the child which is likely to lead to his identification, shall be published or included in a broadcast.
The Court may dispense to any specified extent with the above provisions if satisfied it is appropriate to do so. If it does so, it must explain in open court why it is satisfied that it should be done. None of the above is to limit or affect the law on contempt.
In any proceedings for an offence a person who, in the opinion of the Court, is a child is called as a witness, the Court may exclude from the Court during the taking of his evidence all persons except bona fide officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons if any, as the Court may in its discretion permit to remain. This is in addition to any other powers in relation to in-camera proceedings.
Child Mistreatment
It is an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his wellbeing.
A person who is the parent or guardian of a child and who is legally liable to maintain the child is presumed to have custody of the child. As between parents, one person shall not be deemed to have ceased to have custody by reason only of the fact that he or she has deserted and does not reside with the other parent.
Any person to whose charge a child is committed by a person who has custody of the child shall be presumed to have charge of the child. Any person exercising authority over and having actual control of a child is presumed to have care of the child.
Proceedings & Sanctions
A person convicted of the above offences is liable to a fine up to €1900 or imprisonment up to 12 months on summary conviction or both or an indictment a fine up to €12,697 or imprisonment up to seven years or both on a conviction on indictment.
A person may be convicted of this offence notwithstanding the death of the child in respect of whom the offence is committed or notwithstanding that the actual suffering or injury to the health of the child or the likelihood of the same was obviated by the action of another person.
On the trial of a person for the murder of a child of whom the person has the custody, charge or care, the court or jury may, if satisfied that the accused is guilty of the offence, find an offence under the above provisions in respect of that child, may find the accused guilty of that offence.
Child Neglect
A person is deemed to have neglected the child in a manner likely to cause the child unnecessary suffering or injury to his health or seriously affect his wellbeing if the person fails to provide adequate food, clothing, heating, medical aid or accommodation for the child, or if being unable to provide such, fails to take steps to have it provided under legislation relating to health, social welfare and housing.
References to a child’s health or wellbeing include references to his physical, mental and emotional health or wellbeing. Ill-treatment of a child includes any frightening, bullying or threatening of the child.
Begging
It is an offence for a person to cause or procure a child or have custody, charge or care of a child, or allow a child to be in any street or public place, or to make house-to-house visits for the purpose of begging or receiving alms or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing, or offering anything for sale or otherwise.
If a person who has a child, who is charged with an offence under the above provision in his custody, charge and control, and it is proved that the child was in any street, or public place for any purpose above, it is to be presumed that the person who had custody, charge or care of the child allowed the child to do so, unless the contrary is proved.
A person guilty of the offence is subject for a first offence, to a fine of €317, or in a second or subsequent offence, €635.
A public place is a place to which the public has or is permitted to have access, whether as of right or by permission, with or without payment. A street includes any road, bridge, lane, footpath, square, alley, passage, or thoroughfare which is, for the time being, open to the public. Any ground or car park adjoining or open to a street is deemed part of the street.
Brothel & Prostution
A person is guilty of an offence if, having custody, charge or care of the child, he or she allows the child to reside in or frequent a brothel. A person found guilty of the offence is liable to a fine on summary conviction up to €1900 or imprisonment up to 12 months or both.
A person is guilty of an offence if having custody, charge or care of a child if he causes or encourages unlawful sexual intercourse or buggery with the child or causes or encourages the seduction, prostitution, or sexual assault on the child. A person found guilty of the offence is liable on conviction on indictment to a fine up to €31,743 or imprisonment up to 10 years or both.
A person shall be deemed to have caused or encouraged the above if he has knowingly allowed the child to consort with, or enter or continue in the employment of, any prostitute or keeper of a brothel. In this context, a child is a person under 17 years of age. A keeper of a brothel is a person referred to in the Criminal Law (Sexual Offences) Act 1993 as such.
In the case of any of the above offences, it is not necessary for the child in respect of whom the offence was committed to be brought before the Court or to be present for all or part of the proceedings. The Court may, of its own motion or, at the request of the parties, determine that it is necessary for the child to be present for the proper disposal of the case.
Places of Entertainment
Where  entertainment for children or any entertainment to which the majority of persons attending are children is provided, the number of children who attend exceeds one hundred, and access to any part of the building in which children are accommodated is by stairs, escalator or lift or other mechanical means, it is the duty of the person who provides the entertainment
- to station, keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, so as to prevent more children or more persons being admitted to any such place of the building than that part which can properly accommodate them,
- to control the movement of the children or other persons admitted to such part while entering and leaving, and to take all other reasonable precautions for the safety of the children.
Where the occupier of a building permits, for reward or hire, the building to be used for the purpose of entertainment, he shall take all reasonable steps to ensure that the above provisions are complied with.
A person who fails to comply with any of the above obligations is liable, on summary conviction, to a fine up to €635 and imprisonment up to six months or both with higher sanctions in the case of subsequent offences.
A member of An Garda SÃochána may enter any building in which he or she has reason to believe that entertainment is about to be or is being provided with a view to confirming whether the provisions of the Act have been complied with. The legislation does not apply to any entertainment given in a private residence.