Offences by Children
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.
.
PART 9
Powers of Courts in Relation to Child Offenders
General
Interpretation (Part 9).
95.—In this Part, unless the context otherwise requires—
“Act of 1970” means the Prisons Act, 1970;
“Act of 1983” means the Criminal Justice (Community Service) Act, 1983;
“children court district” has the same meaning as “district court district”;
F106[…]
“compensation order” has the meaning assigned to it by section 6 of the Criminal Justice Act, 1993;
“day centre” and “day centre order” have the meanings assigned to them by section 118;
“detention and supervision order” means an order under section 151;
“district” means either a children court district or a district court district, as the context requires;
“district of residence” means—
(a) in relation to an order under this Part affecting a child, the circuit or, as the case may be, the district in which the child resides or will reside while the order is in force, and
(b) in relation to a parental supervision order, the circuit or, as the case may be, the district in which the parents concerned reside or will reside while the order is in force;
“hostel residence” means a residence certified under section 126;
“parental supervision order” means an order under section 111;
“probation officer’s report” has the meaning assigned to it by section 99;
“probation order” has the meaning assigned to it by section 2 of the Act of 1907.
Annotations
Amendments:
F106
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 7, S.I. No. 65 of 2007.
Principles relating to exercise of criminal jurisdiction over children.
96.—(1) Any court when dealing with children charged with offences shall have regard to—
(a) 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, and
(b) the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child.
(2) Because it is desirable wherever possible—
(a) to allow the education, training or employment of children to proceed without interruption,
(b) to preserve and strengthen the relationship between children and their parents and other family members,
(c) to foster the ability of families to develop their own means of dealing with offending by their children, and
(d) to allow children reside in their own homes,
any penalty imposed on a child for an offence should cause as little interference as possible with the child’s legitimate activities and pursuits, 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.
(3) A court may take into consideration as mitigating factors a child’s age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.
(4) 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 so provided for in this Part.
F107[(5) When dealing with a child charged with an offence, a court shall have due regard to the child’s best interests, the interests of the victim of the offence and the protection of society.]
Annotations
Amendments:
F107
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 136, S.I. No. 65 of 2007.
Construction of certain references.
97.—Any reference in an enactment, whether in force before or after the commencement of any relevant provision of this Act, to a person convicted, a conviction or a sentence shall, in the case of a child dealt with summarily by the Children Court, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.
Orders on finding of guilt.
98.—Where a court is satisfied of the guilt of a child charged with an offence it may, without prejudice to its general powers and in accordance with this Part, reprimand the child or deal with the case by making one or more than one of the following orders:
(a) a conditional discharge order,
(b) an order that the child pay a fine or costs,
(c) an order that the parent or guardian be bound over,
(d) a compensation order,
(e) a parental supervision order,
(f) an order that the parent or guardian pay compensation,
(g) an order imposing a community sanction,
(h) an order (the making of which may be deferred pursuant to section 144) that the child be detained in a children detention school F108[…], F109[…]
(i) a detention and supervision order.
Annotations
Amendments:
F108
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 8, S.I. No. 65 of 2007.
F109
Deleted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 7, S.I. No. 539 of 2015.
Probation Officer’s Reports
Probation officer’s report.
99.—(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it—
(a) may in any case, and
(b) shall, where it is of opinion that the appropriate decision would be to impose a community sanction, detention (whether or not deferred under section 144) or detention and supervision,
adjourn the proceedings, remand the child and request a probation and welfare officer to prepare a report in writing (a “probation officer’s report”) which—
(i) would assist the court in determining a suitable community sanction (if any) or another way of dealing with the child, and
(ii) would contain information on such matters as may be prescribed, including any information specifically requested by the court.
(2) The probation officer’s report shall, at the request of the court, indicate whether, and if so how, in his or her opinion any lack of care or control by the parents or guardian of the child concerned contributed to the behaviour which resulted in the child being found guilty of an offence.
(3) The court may, in addition, request that a victim impact report be furnished to it in respect of any victim of the child where it considers that such a report would assist it in dealing with the case.
(4) The court may decide not to request a probation officer’s report where—
(a) the penalty for the offence of which the child is guilty is fixed by law, or
(b) (i) the child was the subject of a probation officer’s report prepared not more than 2 years previously,
(ii) the attitude of the child to, and the circumstances of, the offence or offences to which that report relates are similar to his or her attitude to, and the circumstances of, the offence of which the child has been found guilty, and
(iii) the previous report is available to the court and the court is satisfied that the material in it is sufficient to enable it to deal with the case.
(5) Where a court requests a report under this section, it may at any time summon as a witness any person whose evidence in its opinion would assist it in dealing with the case.
Remand for preparation of report or other reason.
100.—(1) Where the court is satisfied of the guilt of a child, it may defer taking a decision to allow time for the preparation of any report requested pursuant to this Part or for other sufficient reason and for that purpose may remand the child on bail, subject to such conditions as it may think fit, or, pursuant to section 88, in custody for, where appropriate, the minimum period necessary for the preparation of any such report but not in any case exceeding 28 days.
(2) Notwithstanding subsection (1), where a child in respect of whom any such 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, on application by the person preparing the report, that it is proper to do so.
(3) Any person responsible for making any such report shall make all reasonable endeavours to ensure that the report is lodged with the court at least 4 working days before the end of the period of remand.
Availability of child for preparation of report.
101.—(1) (a) Where a court remands a child on bail to enable any report requested pursuant to this Part to be prepared, it may order—
(i) that in the meantime—
(I) the child shall reside at the residence of his or her parents, guardian, an adult relative or other adult who has undertaken to the court to care for the child, or
(II) where the child is already residing in a children’s residential centre to which Part VIII of the Act of 1991 applies or in some other suitable place, the child shall continue to do so,
and
(ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be—
(I) at the residence, centre or other suitable place, or
(II) at any day centre or other place specified in the order.
(b) The time of the first such attendance at a day centre or other place shall be determined in accordance with subsection (3) and be specified in the order.
(c) The times of subsequent attendances shall be determined in accordance with that subsection—
(i) in the case of such attendances at a day centre, by the person preparing the report, or
(ii) in the case of such attendances at another place, by the person in charge of that other place.
(2) An order under subsection (1)(a)(ii)(II) shall not be made unless the court is satisfied that the day centre or other place in question is reasonably accessible to the child concerned, having regard to the child’s age, the means of access available to him or her and any other relevant circumstances.
(3) The times at which a child is required to attend at a day centre or other place pursuant to this section shall be determined having regard to the child’s circumstances and shall be those—
(a) at which the centre or place is available for that purpose, and
(b) which are such as to avoid interference, as far as practicable, with any school or work schedules of the child.
Immunity from liability for reports.
102.—Any person who prepares or furnishes any report requested pursuant to this Part or who supplies any information for the purposes of preparing or furnishing it shall not be under any civil or criminal liability in respect of it unless the person has acted in bad faith in preparing or furnishing it or in supplying information for such purposes.
Access to reports.
103.—(1) A copy of any report furnished to a court pursuant to a request under this Part shall, subject to subsection (2), be made available, on request, by the clerk or other proper officer of the court to—
(a) the parents or guardian of the child concerned or, in their absence, an adult relative of the child or other adult accompanying the child during the proceedings,
(b) any counsel or solicitor representing the child,
(c) F110[…]
(d) every person entitled to appear and be heard at the proceedings to which the report relates and any counsel or solicitor appearing for any such person,
(e) where the court imposes a period of detention in a children detention school F111[…], the Director of the school F111[…], and
(f) any other person whom the court considers to have a proper interest in receiving a copy of the report.
(2) The court may order that the whole or any part of a report made available to any person pursuant to subsection (1) shall not be disclosed to any person specified in the order where it is satisfied that to do so would not be in the interests of the child or any other person to whom the report relates.
(3) Any copy of a report made available pursuant to subsection (1) shall, wherever possible, be supplied to the persons concerned in advance of the resumed sitting of the court.
Annotations
Amendments:
F110
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 9, S.I. No. 65 of 2007.
F111
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 10, S.I. No. 65 of 2007.
Right to tender evidence on report.
104.—Any person to whom a copy of a report has been made available pursuant to section 103 or who has been informed of its contents may tender evidence on any matter referred to in it.
Oral reports.
105.—The court may, unless any party to the proceedings objects, in exceptional circumstances direct that any report requested pursuant to this Part be made orally to the court.
Power of court on receipt of report.
106.—(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with section 98.
(2) Before the court reaches a decision on the case, it may hear evidence from any person who prepared the report and from any person required under section 99(5) to attend the proceedings.
(3) The court shall also give a parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or in his or her absence an adult relative or other adult accompanying the child, an opportunity to give evidence.
(4) The court may, on consideration of a probation officer’s report, request such other report or reports in writing, including medical, psychiatric or psychological reports, as would in its opinion assist it in dealing with the case.
(5) The F112[Director of the Probation and Welfare Service] shall arrange for the preparation of any such other report or reports, which shall contain information on such matters as may be prescribed and on any matter that may be specifically requested by the court.
Annotations
Amendments:
F112
Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 137, S.I. No. 65 of 2007.
Regulations regarding reports.
107.—(1) The Minister may prescribe such matters in relation to probation officers’ reports or any other reports made pursuant to this Part as would in his or her opinion be of assistance to courts in dealing with cases under this Part.
(2) Without prejudice to the generality of subsection (1), the inclusion in probation officers’ reports of information relating to the following matters, where appropriate, and such other matters (if any) as may be necessary or expedient for the purposes of any enabling provision of this Part to have full effect, may be prescribed—
(a) the results of an interview with the child,
(b) where it has been practicable for the probation and welfare officer concerned to interview the child’s parent or guardian or any victim, the results of the interview,
(c) the age, level of maturity, character, behaviour and attitude of the child and his or her willingness to make amends,
(d) the educational circumstances and prospects of the child,
(e) the child’s friends and associates, and
(f) the apparent motive for the child’s behaviour and the likelihood of the child not committing further offences.
(3) Before prescribing any matter for which the Minister for Education and Science or the Minister for Health and Children has responsibility, the Minister shall obtain the agreement of that Minister.
Fines, costs and compensation
Maximum fines.
108.—Where a court is satisfied of the guilt of a child whom it has dealt with summarily for any offence and is of opinion that the appropriate penalty is or includes a fine, the fine shall not exceed half the amount which the District Court could impose on a person of full age and capacity on summary conviction for such an offence.
Determination of amount of fine and costs.
109.—(a) Subject to section 108, in determining the amount of a fine to be imposed on a child, and
(b) in determining whether to award costs against a child and the amount of any such costs,
the court, among other considerations, shall have regard to the child’s present and future means in so far as they appear or are known to the court and for that purpose may require the child to give evidence as to those means and his or her financial commitments.
Default in payment of fine, costs or compensation.
110.—(1) Where a court orders a child to pay a fine, costs or compensation and the child is in default—
(a) the court shall not order that the child be detained in any case where, if the child were a person of full age and capacity, he or she would be liable to be committed to prison, and
(b) in lieu of such an order, the court may make one or more than one of the following orders:
(i) in the case of a fine, an order reducing its amount,
(ii) an order allowing time, or further time, for payment of the fine, costs or compensation,
(iii) an order imposing a community sanction appropriate to the age of the child.
(2) An order under subsection (1)(b) shall be deemed for the purposes of this or any other Act to be an order made on a finding of guilt.
Orders in relation to parents or guardian
Parental supervision order.
111.—(1) In any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child’s parents (a “parental supervision order”) where it is satisfied that a wilful failure of the child’s parents to take care of or control the child contributed to the child’s criminal behaviour.
(2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child’s parents.
(3) The court may not make an order under section 114 at the same time as a parental supervision order.
(4) Before making a parental supervision order, the court shall obtain and consider information about the parents’ family and social circumstances and the likely effect of the order on those circumstances.
(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.
(6) A parental supervision order may order the parents of the child to do any or all of the following:
(a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,
(b) to participate in any course that is reasonably available for the improvement of parenting skills,
(c) adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable,
(d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.
(7) A parental supervision order shall be made for a period not exceeding 6 months.
(8) The court shall appoint a probation and welfare officer to supervise the parents, to assist them in complying with the order and to monitor compliance with it.
(9) When making a parental supervision order, the court shall have regard to any order it has made or is making in respect of the child concerned and, where any such order involves the supervision of the child by a probation and welfare officer, that officer shall also be appointed to supervise the child’s parents.
(10) A parental supervision order shall specify—
(a) where appropriate, the address of any place where the parents may undergo treatment or participate in any course for the improvement of parenting skills,
(b) any particular requirements of the court in relation to the control or supervision of the child,
(c) any other instructions of the court, and
(d) the period during which the order is to be in force,
and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.
(11) Where for any reason the court considers that a parental supervision order should be made in respect of one parent only, the order may provide accordingly, notwithstanding that both parents have the custody, charge or care of the child.
(12) A parent who is the subject of a parental supervision order may appeal against the order.
Non-compliance with parental supervision order.
112.—(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may—
(a) if the order was made by a court in the district of residence, do one or more of the following:
(i) revoke the order,
(ii) make an order under section 114,
(iii) if it has not already done so, make an order under section 113, or
(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,
or
(b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.
(2) The matters which the court may take into account when making a decision pursuant to subsection (1) shall include the extent to which, and any period during which, the parents complied with the parental supervision order.
(3) Where a court proposes to exercise its powers under subsection (1), it shall summon the parents to appear before it and, if the parents do not do so, may issue a warrant for their arrest.
(4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made.
(5) The jurisdiction vested in the Children Court or the District Court in respect of those proceedings shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the district where the parental supervision order was made.
Compensation by parent or guardian.
113.—(1) Where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order (whether in addition to or instead of any other order), it may order that the compensation be paid by the parent or guardian of the child instead of by the child.
(2) The court may not order that the compensation be paid by a parent or guardian unless it is satisfied that a wilful failure of the parent or guardian to take care of or to control the child contributed to the child’s criminal behaviour.
(3) An order may not be made under subsection (1) without giving the parent or guardian concerned an opportunity to be heard.
(4) Any sums imposed and ordered to be paid by a parent or guardian under this section may be recovered in like manner as if the order had been made on the conviction of the parent or guardian of the offence of which the child was found guilty.
(5) In determining whether to order a parent or guardian to pay compensation in accordance with subsection (1) and in determining the amount of the compensation, the court shall have regard to the present and future means of the parent or guardian in so far as they appear or are known to the court and for that purpose the court may require the parent or guardian to give evidence as to those means and his or her financial commitments.
(6) A parent or guardian who is the subject of a compensation order may appeal against the order.
(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.
(8) This section does not apply in relation to any person who is taking care of a child on behalf of F113[the F114[Child and Family Agency]].
Annotations
Amendments:
F113
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 14, S.I. No. 887 of 2004.
F114
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.
Binding over of parent or guardian.
114.—(1) Where a court is satisfied of the guilt of a child it may—
(a) order the parent or guardian, with his or her consent, to enter into a recognisance to exercise proper and adequate control over the child, and
(b) if the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, treat the refusal for all purposes as if it were a contempt of court.
(2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance—
(a) for an amount exceeding £250,
(b) where the child concerned will attain the age of 18 years within a period which is less than 3 years, for a period exceeding that period, or
(c) in any other case, for a period exceeding 3 years.
(3) Any rule of law relating to the forfeiture of recognisances shall apply to an order made under this section in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace or to be of good behaviour or both.
(4) A recognisance entered into by a parent or guardian in accordance with this section may be forfeited only if—
(a) the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and
(b) the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his or her committing that offence.
(5) In fixing the amount of a recognisance under this section, the court, among other considerations, shall have regard to the present and future means of the parent or guardian concerned in so far as they appear or are known to the court and for that purpose may require the parent or guardian to give evidence as to those means and his or her financial commitments.
(6) The parent or guardian may appeal against an order under this section.
(7) The court may vary or revoke an order made by it under this section if, on the application of the parent or guardian concerned, it appears to the court, having regard to any change in circumstances since the order was made, to be in the interests of justice to do so.
(8) An order under this section shall be in addition to or instead of any other order which the court may make.
(9) No order shall be made under this section without giving the parent or guardian an opportunity of being heard.
(10) When deciding whether to make an order under this section, the court, in addition to and without prejudice to any other consideration, shall have regard to the age and level of maturity of the child.
(11) This section does not apply in relation to any person who is taking care of a child on behalf of F115[the F116[Child and Family Agency]].
Annotations
Amendments:
F115
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 15, S.I. No. 887 of 2004.
F116
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.