{"id":2722,"date":"2021-09-28T22:15:00","date_gmt":"2021-09-28T22:15:00","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2722"},"modified":"2024-03-23T22:00:13","modified_gmt":"2024-03-23T22:00:13","slug":"juvenile-justice","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/juvenile-justice\/","title":{"rendered":"Juvenile Justice"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Principles_of_Juvenile_Justice\" title=\"Principles of Juvenile Justice\">Principles of Juvenile Justice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Remedies_regarding_Children\" title=\"Remedies regarding Children\">Remedies regarding Children<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Report\" title=\"Report\">Report<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Reports_Bail\" title=\"Reports &amp; Bail\">Reports &amp; Bail<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Use_of_Report_Decision\" title=\"Use of Report &amp; Decision\">Use of Report &amp; Decision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Reports_Issues\" title=\"Reports Issues\">Reports Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Fines_Costs_and_Compensation\" title=\"Fines, Costs and Compensation\">Fines, Costs and Compensation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Parental_Supervision_Order\" title=\"Parental Supervision Order\">Parental Supervision Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Compensation_Order_Parents\" title=\"Compensation Order &amp; Parents\">Compensation Order &amp; Parents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/#Security_for_Control\" title=\"Security for Control\">Security for Control<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#CHILDREN_ACT_2001\" title=\"CHILDREN ACT 2001\">CHILDREN ACT 2001<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Powers_of_Courts_in_Relation_to_Child_Offenders\" title=\"Powers of Courts in Relation to Child Offenders\">Powers of Courts in Relation to Child Offenders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Interpretation_Part_9\" title=\"Interpretation (Part 9).\">Interpretation (Part 9).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Principles_relating_to_exercise_of_criminal_jurisdiction_over_children\" title=\"Principles relating to exercise of criminal jurisdiction over children.\">Principles relating to exercise of criminal jurisdiction over children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Construction_of_certain_references\" title=\"Construction of certain references.\">Construction of certain references.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Orders_on_finding_of_guilt\" title=\"Orders on finding of guilt.\">Orders on finding of guilt.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Probation_officers_report\" title=\"Probation officer\u2019s report.\">Probation officer\u2019s report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Remand_for_preparation_of_report_or_other_reason\" title=\"Remand for preparation of report or other reason.\">Remand for preparation of report or other reason.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Availability_of_child_for_preparation_of_report\" title=\"Availability of child for preparation of report.\">Availability of child for preparation of report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Immunity_from_liability_for_reports\" title=\"Immunity from liability for reports.\">Immunity from liability for reports.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Access_to_reports\" title=\"Access to reports.\">Access to reports.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Right_to_tender_evidence_on_report\" title=\"Right to tender evidence on report.\">Right to tender evidence on report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Oral_reports\" title=\"Oral reports.\">Oral reports.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Power_of_court_on_receipt_of_report\" title=\"Power of court on receipt of report.\">Power of court on receipt of report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Regulations_regarding_reports\" title=\"Regulations regarding reports.\">Regulations regarding reports.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Maximum_fines\" title=\"Maximum fines.\">Maximum fines.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Determination_of_amount_of_fine_and_costs\" title=\"Determination of amount of fine and costs.\">Determination of amount of fine and costs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Parental_supervision_order\" title=\"Parental supervision order.\">Parental supervision order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Non-compliance_with_parental_supervision_order\" title=\"Non-compliance with parental supervision order.\">Non-compliance with parental supervision order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Compensation_by_parent_or_guardian\" title=\"Compensation by parent or guardian.\">Compensation by parent or guardian.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Binding_over_of_parent_or_guardian\" title=\"Binding over of parent or guardian.\">Binding over of parent or guardian.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Duties_of_probation_officers\" title=\"Duties of probation officers.\">Duties of probation officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Interference_with_supervisor\" title=\"Interference with supervisor.\">Interference with supervisor.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Powers_of_Garda_Siochana\" title=\"Powers of Garda S\u00edoch\u00e1na.\">Powers of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Director_of_the_Probation_and_Welfare_Service\" title=\"Director of the Probation and Welfare Service\">Director of the Probation and Welfare Service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Temporary_accommodation_of_children\" title=\"Temporary accommodation of children.\">Temporary accommodation of children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Research\" title=\"Research.\">Research.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/juvenile-justice\/2\/#Exclusion_of_members_of_Defence_Forces\" title=\"Exclusion of members of Defence Forces.\">Exclusion of members of Defence Forces.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Principles_of_Juvenile_Justice\"><\/span>Principles of Juvenile Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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.<\/p>\n<p>Because<\/p>\n<ul>\n<li>it is desirable wherever possible to allow the education, training or employment of children to proceed without interruption,<\/li>\n<li>to preserve the relationship with parents and family members,<\/li>\n<li>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,<\/li>\n<\/ul>\n<p>any penalty imposed on a child should cause as little interference as possible with the child&#8217;s legitimate activities and pursuits.<\/p>\n<p>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.\u00a0 In particular, a period of detention should be imposed only as a measure of last resort.<\/p>\n<p>A court may take into account as mitigating factors, a child&#8217;s age and the level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.\u00a0 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.<\/p>\n<p>In dealing with a child, charged with an offence, the court shall have due regard to the child&#8217;s best interests , the interest of the victims of the offence and the protection of the society.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Remedies_regarding_Children\"><\/span>Remedies regarding Children<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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:<\/p>\n<ul>\n<li>a conditional discharge order,<\/li>\n<li>an order that the child pay a fine or costs,<\/li>\n<li>an order that the parent or guardian be bound over,<\/li>\n<li>a compensation order,<\/li>\n<li>a parental supervision order,<\/li>\n<li>an order that the parent or guardian pay compensation,<\/li>\n<li>an order imposing a community sanction,<\/li>\n<li>an order that the child be detained (which may be deferred) in a detention centre,<\/li>\n<li>a detention and supervision order.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Report\"><\/span>Report<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 \u00a0on matters as may be prescribed, including information specifically requested by the court.<\/p>\n<p>The probation officer&#8217;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.<\/p>\n<p>The court may decide not to request a probation officer&#8217;s report where the penalty is fixed, or there has been a probation officer&#8217;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 \u00a0the earlier offence and the previous report is available, and the court is satisfied that it is sufficient to deal with the case.\u00a0 Where a court requests a report, it may summons a witness whose evidence is of assistance in dealing with the case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reports_Bail\"><\/span>Reports &amp; Bail<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a court is satisfied of the child&#8217;s guilt, it may defer a decision to allow time for the preparation of any reports requested or other sufficient reason.\u00a0 It may remand, the child on bail, subject \u00a0to such conditions as it may think fit or in custody for periods of up to 28 days.<\/p>\n<p>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.\u00a0 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.<\/p>\n<p>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.\u00a0 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.\u00a0 Subsequent attendances are to be as required by the person in charge of the day centre or a person preparing the report.<\/p>\n<p>The day centre or other place is to be reasonably accessible to the child having regard to his \u00a0age and the means of access available in the circumstances.<\/p>\n<p>A person who prepares or furnishes reports under the legislation is not to be under any civil or criminal liability in respect of them, \u00a0unless he has acted in bad faith.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Use_of_Report_Decision\"><\/span>Use of Report &amp; Decision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A report furnished to a court, be made available, on request, by the clerk or other proper officer<\/p>\n<ul>\n<li>to the parents and guardians of the child or in their absence, an adult relative or adult accompanying the child during the proceedings,<\/li>\n<li>counsel of the child, and solicitor ,<\/li>\n<li>every person entitled to appear and be heard at the proceedings to which the report relates and their legal representatives,<\/li>\n<li>the children&#8217;s detention school, the Director and<\/li>\n<li>any other person whom the court thinks has a proper interest.<\/li>\n<\/ul>\n<p>The court may order the report to be redacted, in part.\u00a0A person to whom a copy of the report has been made available, may tender evidence on any matter referred to it.\u00a0The court may, unless any party objects, in exceptional circumstances direct that any report requested be made orally to the court.<\/p>\n<p>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.<\/p>\n<p>The court may, on consideration of a probation officer&#8217;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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reports_Issues\"><\/span>Reports Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>The Minister may make regulations regarding reports.\u00a0 They may provide for inclusion of certain details including<\/p>\n<ul>\n<li>results of interviews with the child,<\/li>\n<li>age, level of maturity, character,<\/li>\n<li>behaviour and attitude of the child and willingness to make amends,<\/li>\n<li>interviews with the child&#8217;s parent and guardian where appropriate;<\/li>\n<li>particulars of educational circumstances and prospects;<\/li>\n<li>details of friends and associates;<\/li>\n<li>apparent motive for behaviour.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Fines_Costs_and_Compensation\"><\/span>Fines, Costs and Compensation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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&#8217;s present and future means in so far as they appear or are known to the court and consider whether it \u00a0requires the child to give evidence as to those means or other financial commitments.<\/p>\n<p>Where a child is ordered to pay a fine, costs or compensation and is in default, the \u00a0court 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.\u00a0 \u00a0In lieu of such an order, the court may make one or more than one of the following orders:<\/p>\n<ul>\n<li>an order reducing the fine,<\/li>\n<li>allowing further time to pay fines, costs or compensation,<\/li>\n<li>an order imposing a community sanction appropriate to the child.<\/li>\n<\/ul>\n<p>Where child defaults on a fine, costs and compensation, there is a procedure for the child to be arrested and brought before the court.\u00a0 Alternatively, an order may be made under the above provisions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Parental_Supervision_Order\"><\/span>Parental Supervision Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A parental supervision order may be made in proceedings where a child is found guilty of an offence.\u00a0 \u00a0It may be made in the context where the court is satisfied that the child&#8217;s parents\u2019 wilful failure to take care or control of the\u00a0 child has contributed to the child&#8217;s offending. The order may be up to six months in duration.<\/p>\n<p>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.<\/p>\n<p>The court must be satisfied they have considered the parents&#8217; family and social circumstances and the likely effect of the order in those circumstances. The order might be proposed by a probation report.<\/p>\n<p>The court considers the information regarding the parental family and social circumstances.\u00a0 The probation report outlines the parent&#8217;s suitability for the order and whether the parent\u2019s consent.\u00a0 The court will allow the parents to be heard.\u00a0 If deemed appropriate, a parental supervision order may be made.\u00a0 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.<\/p>\n<p>If there is a failure of compliance, the probation officer may return the case to the court.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compensation_Order_Parents\"><\/span>Compensation Order &amp; Parents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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&#8217;s criminal behaviour.<\/p>\n<p>An order may not be made without giving the parent or guardian etc. the opportunity to be heard.\u00a0 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.<\/p>\n<p>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.<\/p>\n<p>A parent or guardian the subject of a compensation order may appeal against it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Security_for_Control\"><\/span>Security for Control<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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.<\/p>\n<p>An order may not require a parent or guardian to enter a recognisance<\/p>\n<ul>\n<li>for an amount exceeding \u20ac317,<\/li>\n<li>where the child will attain 18 years within three years, or in any case<\/li>\n<li>for off more than three years.<\/li>\n<\/ul>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>In fixing the amount of the recognisance, the court is to have regard to the present and future means.\u00a0 \u00a0The parent or guardian may appeal against an order.\u00a0 The court may vary or revoke an order, on application, having regard to the \u00a0change in circumstances since it was made, if it is in the interests to so do.\u00a0 No order may be made without giving the parent or guardian concerned, an opportunity to be heard.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CHILDREN ACT 2001<\/h2>\n<p>PART 9<\/p>\n<h4>Powers of Courts in Relation to Child Offenders<\/h4>\n<p>General<\/p>\n<h4>Interpretation (Part 9).<\/h4>\n<p>95.\u2014In this Part, unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1970\u201d means the Prisons Act, 1970;<\/p>\n<p>\u201cAct of 1983\u201d means the Criminal Justice (Community Service) Act, 1983;<\/p>\n<p>\u201cchildren court district\u201d has the same meaning as \u201cdistrict court district\u201d;<\/p>\n<p>F106[\u2026]<\/p>\n<p>\u201ccompensation order\u201d has the meaning assigned to it by section 6 of the Criminal Justice Act, 1993;<\/p>\n<p>\u201cday centre\u201d and \u201cday centre order\u201d have the meanings assigned to them by section 118;<\/p>\n<p>\u201cdetention and supervision order\u201d means an order under section 151;<\/p>\n<p>\u201cdistrict\u201d means either a children court district or a district court district, as the context requires;<\/p>\n<p>\u201cdistrict of residence\u201d means\u2014<\/p>\n<p>(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<\/p>\n<p>(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;<\/p>\n<p>\u201chostel residence\u201d means a residence certified under section 126;<\/p>\n<p>\u201cparental supervision order\u201d means an order under section 111;<\/p>\n<p>\u201cprobation officer\u2019s report\u201d has the meaning assigned to it by section 99;<\/p>\n<p>\u201cprobation order\u201d has the meaning assigned to it by section 2 of the Act of 1907.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F106<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 7, S.I. No. 65 of 2007.<\/p>\n<h4>Principles relating to exercise of criminal jurisdiction over children.<\/h4>\n<p>96.\u2014(1) Any court when dealing with children charged with offences shall have regard to\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) Because it is desirable wherever possible\u2014<\/p>\n<p>(a) to allow the education, training or employment of children to proceed without interruption,<\/p>\n<p>(b) to preserve and strengthen the relationship between children and their parents and other family members,<\/p>\n<p>(c) to foster the ability of families to develop their own means of dealing with offending by their children, and<\/p>\n<p>(d) to allow children reside in their own homes,<\/p>\n<p>any penalty imposed on a child for an offence should cause as little interference as possible with the child\u2019s 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.<\/p>\n<p>(3) A court may take into consideration as mitigating factors a child\u2019s age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.<\/p>\n<p>(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.<\/p>\n<p>F107[(5) When dealing with a child charged with an offence, a court shall have due regard to the child\u2019s best interests, the interests of the victim of the offence and the protection of society.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F107<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 136, S.I. No. 65 of 2007.<\/p>\n<h4>Construction of certain references.<\/h4>\n<p>97.\u2014Any 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.<\/p>\n<h4>Orders on finding of guilt.<\/h4>\n<p>98.\u2014Where 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:<\/p>\n<p>(a) a conditional discharge order,<\/p>\n<p>(b) an order that the child pay a fine or costs,<\/p>\n<p>(c) an order that the parent or guardian be bound over,<\/p>\n<p>(d) a compensation order,<\/p>\n<p>(e) a parental supervision order,<\/p>\n<p>(f) an order that the parent or guardian pay compensation,<\/p>\n<p>(g) an order imposing a community sanction,<\/p>\n<p>(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[\u2026], F109[\u2026]<\/p>\n<p>(i) a detention and supervision order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F108<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 8, S.I. No. 65 of 2007.<\/p>\n<p>F109<br \/>\nDeleted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 7, S.I. No. 539 of 2015.<\/p>\n<p>Probation Officer\u2019s Reports<\/p>\n<h4>Probation officer\u2019s report.<\/h4>\n<p>99.\u2014(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it\u2014<\/p>\n<p>(a) may in any case, and<\/p>\n<p>(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,<\/p>\n<p>adjourn the proceedings, remand the child and request a probation and welfare officer to prepare a report in writing (a \u201cprobation officer\u2019s report\u201d) which\u2014<\/p>\n<p>(i) would assist the court in determining a suitable community sanction (if any) or another way of dealing with the child, and<\/p>\n<p>(ii) would contain information on such matters as may be prescribed, including any information specifically requested by the court.<\/p>\n<p>(2) The probation officer\u2019s 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.<\/p>\n<p>(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.<\/p>\n<p>(4) The court may decide not to request a probation officer\u2019s report where\u2014<\/p>\n<p>(a) the penalty for the offence of which the child is guilty is fixed by law, or<\/p>\n<p>(b) (i) the child was the subject of a probation officer\u2019s report prepared not more than 2 years previously,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Remand for preparation of report or other reason.<\/h4>\n<p>100.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Availability of child for preparation of report.<\/h4>\n<p>101.\u2014(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\u2014<\/p>\n<p>(i) that in the meantime\u2014<\/p>\n<p>(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<\/p>\n<p>(II) where the child is already residing in a children\u2019s 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,<\/p>\n<p>and<\/p>\n<p>(ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be\u2014<\/p>\n<p>(I) at the residence, centre or other suitable place, or<\/p>\n<p>(II) at any day centre or other place specified in the order.<\/p>\n<p>(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.<\/p>\n<p>(c) The times of subsequent attendances shall be determined in accordance with that subsection\u2014<\/p>\n<p>(i) in the case of such attendances at a day centre, by the person preparing the report, or<\/p>\n<p>(ii) in the case of such attendances at another place, by the person in charge of that other place.<\/p>\n<p>(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\u2019s age, the means of access available to him or her and any other relevant circumstances.<\/p>\n<p>(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\u2019s circumstances and shall be those\u2014<\/p>\n<p>(a) at which the centre or place is available for that purpose, and<\/p>\n<p>(b) which are such as to avoid interference, as far as practicable, with any school or work schedules of the child.<\/p>\n<h4>Immunity from liability for reports.<\/h4>\n<p>102.\u2014Any 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.<\/p>\n<h4>Access to reports.<\/h4>\n<p>103.\u2014(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) any counsel or solicitor representing the child,<\/p>\n<p>(c) F110[\u2026]<\/p>\n<p>(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,<\/p>\n<p>(e) where the court imposes a period of detention in a children detention school F111[\u2026], the Director of the school F111[\u2026], and<\/p>\n<p>(f) any other person whom the court considers to have a proper interest in receiving a copy of the report.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F110<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 9, S.I. No. 65 of 2007.<\/p>\n<p>F111<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 10, S.I. No. 65 of 2007.<\/p>\n<h4>Right to tender evidence on report.<\/h4>\n<p>104.\u2014Any 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.<\/p>\n<h4>Oral reports.<\/h4>\n<p>105.\u2014The 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.<\/p>\n<h4>Power of court on receipt of report.<\/h4>\n<p>106.\u2014(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with section 98.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) The court may, on consideration of a probation officer\u2019s 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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F112<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 137, S.I. No. 65 of 2007.<\/p>\n<h4>Regulations regarding reports.<\/h4>\n<p>107.\u2014(1) The Minister may prescribe such matters in relation to probation officers\u2019 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.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), the inclusion in probation officers\u2019 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\u2014<\/p>\n<p>(a) the results of an interview with the child,<\/p>\n<p>(b) where it has been practicable for the probation and welfare officer concerned to interview the child\u2019s parent or guardian or any victim, the results of the interview,<\/p>\n<p>(c) the age, level of maturity, character, behaviour and attitude of the child and his or her willingness to make amends,<\/p>\n<p>(d) the educational circumstances and prospects of the child,<\/p>\n<p>(e) the child\u2019s friends and associates, and<\/p>\n<p>(f) the apparent motive for the child\u2019s behaviour and the likelihood of the child not committing further offences.<\/p>\n<p>(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.<\/p>\n<p>Fines, costs and compensation<\/p>\n<h4>Maximum fines.<\/h4>\n<p>108.\u2014Where 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.<\/p>\n<h4>Determination of amount of fine and costs.<\/h4>\n<p>109.\u2014(a) Subject to section 108, in determining the amount of a fine to be imposed on a child, and<\/p>\n<p>(b) in determining whether to award costs against a child and the amount of any such costs,<\/p>\n<p>the court, among other considerations, shall have regard to the child\u2019s 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.<\/p>\n<p>Default in payment of fine, costs or compensation.<\/p>\n<p>110.\u2014(1) Where a court orders a child to pay a fine, costs or compensation and the child is in default\u2014<\/p>\n<p>(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<\/p>\n<p>(b) in lieu of such an order, the court may make one or more than one of the following orders:<\/p>\n<p>(i) in the case of a fine, an order reducing its amount,<\/p>\n<p>(ii) an order allowing time, or further time, for payment of the fine, costs or compensation,<\/p>\n<p>(iii) an order imposing a community sanction appropriate to the age of the child.<\/p>\n<p>(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.<\/p>\n<p>Orders in relation to parents or guardian<\/p>\n<h4>Parental supervision order.<\/h4>\n<p>111.\u2014(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\u2019s parents (a \u201cparental supervision order\u201d) where it is satisfied that a wilful failure of the child\u2019s parents to take care of or control the child contributed to the child\u2019s criminal behaviour.<\/p>\n<p>(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\u2019s parents.<\/p>\n<p>(3) The court may not make an order under section 114 at the same time as a parental supervision order.<\/p>\n<p>(4) Before making a parental supervision order, the court shall obtain and consider information about the parents\u2019 family and social circumstances and the likely effect of the order on those circumstances.<\/p>\n<p>(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.<\/p>\n<p>(6) A parental supervision order may order the parents of the child to do any or all of the following:<\/p>\n<p>(a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,<\/p>\n<p>(b) to participate in any course that is reasonably available for the improvement of parenting skills,<\/p>\n<p>(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,<\/p>\n<p>(d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.<\/p>\n<p>(7) A parental supervision order shall be made for a period not exceeding 6 months.<\/p>\n<p>(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.<\/p>\n<p>(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\u2019s parents.<\/p>\n<p>(10) A parental supervision order shall specify\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) any particular requirements of the court in relation to the control or supervision of the child,<\/p>\n<p>(c) any other instructions of the court, and<\/p>\n<p>(d) the period during which the order is to be in force,<\/p>\n<p>and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.<\/p>\n<p>(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.<\/p>\n<p>(12) A parent who is the subject of a parental supervision order may appeal against the order.<\/p>\n<h4>Non-compliance with parental supervision order.<\/h4>\n<p>112.\u2014(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\u2014<\/p>\n<p>(a) if the order was made by a court in the district of residence, do one or more of the following:<\/p>\n<p>(i) revoke the order,<\/p>\n<p>(ii) make an order under section 114,<\/p>\n<p>(iii) if it has not already done so, make an order under section 113, or<\/p>\n<p>(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,<\/p>\n<p>or<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Compensation by parent or guardian.<\/h4>\n<p>113.\u2014(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.<\/p>\n<p>(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\u2019s criminal behaviour.<\/p>\n<p>(3) An order may not be made under subsection (1) without giving the parent or guardian concerned an opportunity to be heard.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) A parent or guardian who is the subject of a compensation order may appeal against the order.<\/p>\n<p>(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.<\/p>\n<p>(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]].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F113<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 14, S.I. No. 887 of 2004.<\/p>\n<p>F114<br \/>\nSubstituted (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.<\/p>\n<h4>Binding over of parent or guardian.<\/h4>\n<p>114.\u2014(1) Where a court is satisfied of the guilt of a child it may\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance\u2014<\/p>\n<p>(a) for an amount exceeding \u00a3250,<\/p>\n<p>(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<\/p>\n<p>(c) in any other case, for a period exceeding 3 years.<\/p>\n<p>(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.<\/p>\n<p>(4) A recognisance entered into by a parent or guardian in accordance with this section may be forfeited only if\u2014<\/p>\n<p>(a) the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) The parent or guardian may appeal against an order under this section.<\/p>\n<p>(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.<\/p>\n<p>(8) An order under this section shall be in addition to or instead of any other order which the court may make.<\/p>\n<p>(9) No order shall be made under this section without giving the parent or guardian an opportunity of being heard.<\/p>\n<p>(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.<\/p>\n<p>(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]].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F115<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 15, S.I. No. 887 of 2004.<\/p>\n<p>F116<br \/>\nSubstituted (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.<\/p>\n<h4>Duties of probation officers.<\/h4>\n<p>259.\u2014While a child remains under the supervision of a probation and welfare officer pursuant to this Act, whether in accordance with an order of a court or otherwise, the officer shall, subject to the directions of the court, where appropriate, and in addition to the terms of and any conditions attaching to any particular placement\u2014<\/p>\n<p>(a) visit, assist, advise and befriend the child and, where feasible, the child\u2019s parents or guardian or other adult in whose residence the child may be residing,<\/p>\n<p>(b) see that the child observes the terms and any conditions attaching to the supervision, and<\/p>\n<p>(c) when necessary and appropriate, endeavour to find the child suitable employment and accommodation.<\/p>\n<h4>Interference with supervisor.<\/h4>\n<p>260.\u2014Where a child is under the supervision of a probation and welfare officer or a juvenile liaison officer pursuant to this Act, it shall not be lawful for the child\u2019s parents or guardian to exercise, as respects the child, their rights and powers as parents or guardian in such a manner as to interfere with the supervision of the child by the probation and welfare officer or the juvenile liaison officer, as the case may be.<\/p>\n<h4>Powers of Garda S\u00edoch\u00e1na.<\/h4>\n<p>261.\u2014(1) Where, pursuant to this Act, a child is required to remain in a specified residence for specified periods, any member of the<\/p>\n<p>Garda S\u00edoch\u00e1na may call to the residence, at any reasonable time within a period during which the child is required to remain there, for the purpose of establishing that the child is present in the residence at that time.<\/p>\n<p>(2) The member may request any adult at the residence to produce the child to the member, and failure to do so shall give rise to an inference that the child is not at that time present in the residence.<\/p>\n<p>(3) In any proceedings against a child for failure to comply with any term or condition of a court order that required the child to remain in a specified residence, a failure under subsection (2) to produce the child may be accepted by a court as evidence of non-compliance with the order.<\/p>\n<p>(4) Such a failure to produce a child may also render the child, if detained in a children detention school, ineligible for temporary leave from the school in accordance with the rules of the school in that respect.<\/p>\n<p>Delegation by F239[<\/p>\n<h4>Director of the Probation and Welfare Service<\/h4>\n<p>]<\/p>\n<p>.<\/p>\n<p>262.\u2014(1) The F239[Director of the Probation and Welfare Service] may, in writing, delegate to a named officer of the probation and welfare service of a specified grade, position or description any specified function of the F239[Director of the Probation and Welfare Service] under this Act and may revoke the delegation.<\/p>\n<p>(2) The delegation of a function under this section is without prejudice to the right of the F239[Director of the Probation and Welfare Service] to continue to exercise the function.<\/p>\n<p>(3) The performance of any function delegated under this section shall be subject to the general superintendence and control of the F239[Director of the Probation and Welfare Service] and to such limitations (if any) as may be specified in the instrument of delegation or at any time thereafter.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F239<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 137, S.I. No. 65 of 2007.<\/p>\n<h4>Temporary accommodation of children.<\/h4>\n<p>263.\u2014(1) A child may be detained temporarily, but in no case for a period exceeding 24 hours, in a Garda S\u00edoch\u00e1na station or in any other place, being a place designated for the purpose by the Minister, with the agreement of its owner\u2014<\/p>\n<p>F240[(a) while in transit to a court from a remand centre or children detention school,]<\/p>\n<p>(b) while a case in which the child is involved is at hearing, or<\/p>\n<p>F241[(c) while awaiting removal pursuant to this Act to a remand centre or children detention school.]<\/p>\n<p>(2) The provisions of section 56 (separation of children from adults in Garda S\u00edoch\u00e1na stations) shall apply to a child detained in a Garda S\u00edoch\u00e1na station under subsection (1).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F240<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 31, S.I. No. 65 of 2007.<\/p>\n<p>F241<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 31, S.I. No. 65 of 2007.<\/p>\n<h4>Research.<\/h4>\n<p>264.\u2014The Minister may conduct or assist other persons in conducting research into any matter connected with children who are considered at risk of committing offences, who have admitted committing offences or who appear before the courts charged with offences.<\/p>\n<h4>Exclusion of members of Defence Forces.<\/h4>\n<p>271.\u2014For the purposes of this Act, persons under 18 years of age who are enlisted members of the Defence Forces shall not be regarded as children in any case where they are subject to military law as governed by the Defence Acts, 1954 to 1998.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2722\" data-postid=\"2722\" class=\"themify_builder_content themify_builder_content-2722 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 They must [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[174],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2722"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2722"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2722\/revisions"}],"predecessor-version":[{"id":33955,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2722\/revisions\/33955"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2722"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2722"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2722"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}