{"id":33896,"date":"2024-03-23T14:29:08","date_gmt":"2024-03-23T14:29:08","guid":{"rendered":"https:\/\/legalblog.ie\/?p=33896"},"modified":"2024-03-23T14:29:08","modified_gmt":"2024-03-23T14:29:08","slug":"child-suspects","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/child-suspects\/","title":{"rendered":"Child Suspects"},"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 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/child-suspects\/#CHILDREN_ACT_2001\" title=\"\nCHILDREN ACT 2001\">\nCHILDREN 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-2\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Interpretation_general\" title=\"Interpretation (general).\">Interpretation (general).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Treatment_of_child_suspects\" title=\"Treatment of child suspects.\">Treatment of child suspects.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Separation_of_children_from_adults_in_Garda_Siochana_station\" title=\"Separation of children from adults in Garda S\u00edoch\u00e1na station.\">Separation of children from adults in Garda S\u00edoch\u00e1na station.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_to_child\" title=\"Notification to child.\">Notification to child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_of_arrest_of_child_to_parent_or_guardian\" title=\"Notification of arrest of child to parent or guardian.\">Notification of arrest of child to parent or guardian.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_to_health_board\" title=\"Notification to health board.\">Notification to health board.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_to_solicitor\" title=\"Notification to solicitor.\">Notification to solicitor.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Interviewing_children\" title=\"Interviewing children.\">Interviewing children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_of_proceedings_to_parent_or_guardian\" title=\"Notification of proceedings to parent or guardian.\">Notification of proceedings to parent or guardian.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Notification_of_proceedings_to_adult_relative_or_other_adult\" title=\"Notification of proceedings to adult relative or other adult.\">Notification of proceedings to adult relative or other adult.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Procedure_by_summons\" title=\"Procedure by summons.\">Procedure by summons.<\/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\/child-suspects\/#Notice_to_adult_relative_or_other_adult_where_proceeding_by_summons\" title=\"Notice to adult relative or other adult where proceeding by summons.\">Notice to adult relative or other adult where proceeding by summons.<\/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\/child-suspects\/#Provisions_common_to_sections_56_to_63_and_65\" title=\"Provisions common to sections 56 to 63 and 65.\">Provisions common to sections 56 to 63 and 65.<\/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\/child-suspects\/#Release_on_bail_by_member_of_Garda_Siochana\" title=\"Release on bail by member of Garda S\u00edoch\u00e1na.\">Release on bail by member 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-16\" href=\"https:\/\/legalblog.ie\/child-suspects\/#Application_of_certain_provisions_to_married_child\" title=\"Application of certain provisions to married child.\">Application of certain provisions to married child.<\/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\/child-suspects\/#Regulations_Part_6\" title=\"Regulations (Part 6).\">Regulations (Part 6).<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h2><span class=\"ez-toc-section\" id=\"CHILDREN_ACT_2001\"><\/span>\nCHILDREN ACT 2001<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<h4><span class=\"ez-toc-section\" id=\"Interpretation_general\"><\/span>Interpretation (general).<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>3.\u2014(1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1907\u201d means the Probation of Offenders Act, 1907;<\/p>\n<p>\u201cAct of 1951\u201d means the Criminal Justice Act, 1951;<\/p>\n<p>\u201cAct of 1967\u201d means the Criminal Procedure Act, 1967;<\/p>\n<p>\u201cAct of 1984\u201d means the Criminal Justice Act, 1984;<\/p>\n<p>\u201cAct of 1991\u201d means the Child Care Act, 1991;<\/p>\n<p>\u201caction plan\u201d, 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;<\/p>\n<p>\u201cadult\u201d means any person of or over the age of 18 years;<\/p>\n<p>F5[\u201canti-social behaviour\u201d is to be construed in accordance with section 257A(2);]<\/p>\n<p>F6[\u2026]<\/p>\n<p>\u201cchild\u201d means a person under the age of 18 years;<\/p>\n<p>\u201cchildren detention order\u201d has the meaning assigned to it by section 142;<\/p>\n<p>\u201cchildren detention school\u201d means\u2014<\/p>\n<p>(a) any certified reformatory school or industrial school that becomes a children detention school by virtue of F7[section 159,]<\/p>\n<p>F7[(b) a place, school, premises or building designated as a children detention school pursuant to section 160, or]<\/p>\n<p>F8[(c) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015);]<\/p>\n<p>\u201cCommissioner\u201d means the Commissioner of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201ccommunity sanction\u201d has the meaning assigned to it by section 115;<\/p>\n<p>\u201cCourt\u201d, in Parts 7 and 8, means the Children Court;<\/p>\n<p>\u201ccriminal behaviour\u201d, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;<\/p>\n<p>\u201cdetention\u201d means detention in a children detention school F9[\u2026];<\/p>\n<p>\u201cfamily conference\u201d means a conference convened by a probation and welfare officer pursuant to section 79;<\/p>\n<p>\u201cfamily welfare conference\u201d means a conference convened by F10[the F11[Child and Family Agency]] pursuant to section 7;<\/p>\n<p>\u201cGaeltacht area\u201d 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;<\/p>\n<p>\u201cguardian\u201d means\u2014<\/p>\n<p>(a) any legal guardian of a child,<\/p>\n<p>(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<\/p>\n<p>(c) any person who has custody or care of a child by order of a court,<\/p>\n<p>but does not include F10[the F11[Child and Family Agency]];<\/p>\n<p>F9[\u2026]<\/p>\n<p>\u201cjuvenile liaison officer\u201d means a member of the Garda S\u00edoch\u00e1na 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;<\/p>\n<p>\u201clegal guardian\u201d, 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;<\/p>\n<p>\u201cmember in charge\u201d means a member of the Garda S\u00edoch\u00e1na who is in charge of a Garda S\u00edoch\u00e1na 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;<\/p>\n<p>F7[&#8220;Minister&#8221; 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;]<\/p>\n<p>\u201cparents\u201d, in relation to a child, means\u2014<\/p>\n<p>(a) in case one parent has the sole custody, charge or care of the child, that parent,<\/p>\n<p>(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<\/p>\n<p>(c) in any other case, both parents;<\/p>\n<p>F7[&#8220;prescribed&#8221; means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate;]<\/p>\n<p>\u201cprincipal probation and welfare officer\u201d means the principal probation and welfare officer of the probation and welfare service;<\/p>\n<p>\u201cprobation and welfare officer\u201d means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;<\/p>\n<p>\u201cprobation and welfare service\u201d means the probation and welfare service of the Department of Justice, Equality and Law Reform;<\/p>\n<p>\u201crelative\u201d, 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;<\/p>\n<p>\u201cremand centre\u201d means a centre designated as such under section 88;<\/p>\n<p>F12[\u2026]<\/p>\n<p>\u201cschool\u201d means a children detention school;<\/p>\n<p>F13[&#8220;secondary victimisation&#8221; has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;]<\/p>\n<p>F14[&#8220;special care order&#8221; has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ]<\/p>\n<p>\u201csummons\u201d has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986;<\/p>\n<p>\u201csuperannuation benefits\u201d means pensions, gratuities and other allowances payable on resignation, retirement or death;<\/p>\n<p>\u201cvictim\u201d 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].<\/p>\n<p>(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.<\/p>\n<p>(3) For the purposes of this Act\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s.122(a) and (g), S.I. No. 65 of 2007.<\/p>\n<p>F6<br \/>\nDeleted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.<\/p>\n<p>F7<br \/>\nSubstituted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 4(a)(i), (ii), (b) and (c), S.I. No. 539 of 2015.<\/p>\n<p>F8<br \/>\nInserted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 4(a)(iii), S.I. No. 539 of 2015.<\/p>\n<p>F9<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s.122(c), (d) and (f), S.I. No. 65 of 2007.<\/p>\n<p>F10<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.<\/p>\n<p>F11<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<p>F12<br \/>\nDeleted (31.03.2017) by Children (Amendment) Act 2015 (30\/2015), s. 4(d), S.I. No. 111 of 2017.<\/p>\n<p>F13<br \/>\nInserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 34(1)(a), S.I. No. 530 of 2017.<\/p>\n<p>F14<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 27, S.I. No. 637 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nPrevious affecting provision: definition of \u201cchildren detention school\u201d, 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.<\/p>\n<p>E13<br \/>\nPrevious affecting provision: definition of \u201cMinister\u201d 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.<\/p>\n<p>E14<br \/>\nPrevious affecting provision: definition of \u201cprescribed\u201d 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.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART 6<\/p>\n<p>Treatment of Child Suspects in Garda S\u00edoch\u00e1na Stations<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Treatment_of_child_suspects\"><\/span>Treatment of child suspects.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>55.\u2014In any investigation relating to the commission or possible commission of an offence by children, members of the Garda S\u00edoch\u00e1na shall act with due respect for the personal rights of the children and their dignity as human persons, for their vulnerability owing to their age and level of maturity and for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Separation_of_children_from_adults_in_Garda_Siochana_station\"><\/span>Separation of children from adults in Garda S\u00edoch\u00e1na station.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>56.\u2014The member in charge of a Garda S\u00edoch\u00e1na station shall, as far as practicable, ensure that any child while detained in the station shall not associate with an adult who is so detained and shall not be kept in a cell unless there is no other secure accommodation available.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_to_child\"><\/span>Notification to child.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>57.\u2014Where a child is arrested and brought to a Garda S\u00edoch\u00e1na station on suspicion of having committed an offence, the member in charge of the station shall without delay inform the child or cause the child to be informed, in a manner and in language that is appropriate to the age and level of understanding of the child\u2014<\/p>\n<p>(a) of the offence in respect of which he or she has been arrested,<\/p>\n<p>(b) that he or she is entitled to consult a solicitor and how this entitlement can be availed of, and<\/p>\n<p>(c) that the child\u2019s parent or guardian is being\u2014<\/p>\n<p>(i) informed that the child is in custody in the station,<\/p>\n<p>(ii) given the information specified in paragraphs (a) and (b), and<\/p>\n<p>(iii) requested to attend at the station without delay.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_of_arrest_of_child_to_parent_or_guardian\"><\/span>Notification of arrest of child to parent or guardian.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>58.\u2014(1) When a child is arrested and brought to a Garda S\u00edoch\u00e1na station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable\u2014<\/p>\n<p>(a) inform or cause to be informed a parent or guardian of the child\u2014<\/p>\n<p>(i) that the child is in custody in the station,<\/p>\n<p>(ii) in ordinary language and in the Irish language when dealing with a child from the Gaeltacht or a child whose first language is Irish, of the nature of the offence in respect of which the child has been arrested, and<\/p>\n<p>(iii) that the child is entitled to consult a solicitor and as to how this entitlement can be availed of;<\/p>\n<p>and<\/p>\n<p>(b) request the parent or guardian to attend at the station without delay.<\/p>\n<p>(2) (a) If the member in charge of the station\u2014<\/p>\n<p>(i) is unable to communicate with a parent or guardian of the child, or<\/p>\n<p>(ii) the parent or guardian indicates that he or she cannot or will not attend at the station within a reasonable time,<\/p>\n<p>the member shall inform the child or cause the child to be informed without delay of that fact and of the child\u2019s entitlement to have an adult relative or other adult reasonably named by him or her given the information specified in subsection (1)(a) and requested to attend at the station without delay.<\/p>\n<p>(b) Subsection (1) shall apply in relation to a person named by a child pursuant to paragraph (a) as it applies in relation to a parent or guardian.<\/p>\n<p>(3) Where the child is being transferred to another station or other place, the member in charge of the station from which the child is being transferred shall inform any person who has been informed under this section that the child is in custody, or cause him or her to be informed, of the transfer as soon as practicable.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_to_health_board\"><\/span>Notification to health board.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>59.\u2014(1) Where the member in charge of a Garda S\u00edoch\u00e1na station has reasonable cause to believe that a child who is in custody in the station on suspicion of having committed an offence may be in need of care or protection, the member shall, as soon as practicable, inform or cause to be informed F70[the F71[Child and Family Agency] accordingly, and it shall] send a representative to the station as soon as practicable.<\/p>\n<p>(2) Where it is not practicable for the representative of the F70[F71[Child and Family Agency]] to attend at the station within a reasonable time, he or she shall at the first available opportunity attend at the station to ascertain why the member in charge had reasonable cause to believe that the child may be in need of care or protection.<\/p>\n<p>(3) The F70[F71[Child and Family Agency]] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.<\/p>\n<p>F72[(4) The Minister, with the agreement of the Minister for Health and Children, may issue guidelines in relation to the practical operation of this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F70<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 11, S.I. No. 887 of 2004.<\/p>\n<p>F71<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<p>F72<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 131, S.I. No. 65 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_to_solicitor\"><\/span>Notification to solicitor.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>60.\u2014(1) Where a child who is in custody in a Garda S\u00edoch\u00e1na station has asked for a solicitor, the member in charge of the station shall notify the solicitor or cause him or her to be notified accordingly as soon as practicable.<\/p>\n<p>(2) Where the solicitor cannot be contacted within a reasonable time or is unwilling or unable to attend at the station, the child shall be so informed and given an opportunity to ask for another solicitor, and the member in charge shall notify or cause to be notified that other solicitor accordingly as soon as practicable.<\/p>\n<p>(3) Subsections (1) and (2) shall also apply in relation to a request for a solicitor for the child by any parent, guardian, adult relative, any adult reasonably named by the child or other adult (not being a member of the Garda S\u00edoch\u00e1na) who is present, in accordance with section 61(1)(b), during the questioning of the child or the taking of a written statement.<\/p>\n<p>(4) Where the child is being transferred to another station, the member in charge of the station from which the child is being transferred shall notify any solicitor who has been notified under this section or cause him or her to be notified of the transfer as soon as practicable.<\/p>\n<p>(5) Where a solicitor (other than a named solicitor) has been requested by or on behalf of a child, the member in charge shall give the person making the request or cause him or her to be given the name of one or more than one solicitor whom the member in charge reasonably believes may be willing to attend at the station within a reasonable time.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Interviewing_children\"><\/span>Interviewing children.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>61.\u2014(1) Subject to subsections (2) to (4), a child who has been detained in a Garda S\u00edoch\u00e1na station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of\u2014<\/p>\n<p>(a) a parent or guardian, or<\/p>\n<p>(b) in his or her absence, another adult (not being a member of the Garda S\u00edoch\u00e1na) nominated by the member in charge of the station.<\/p>\n<p>(2) Notwithstanding subsection (1), the member in charge of the station may authorise the questioning of the child or the taking of a written statement in the absence of a parent or guardian, where the member has reasonable grounds for believing that to delay the questioning would involve a risk of death or injury to persons, serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices.<\/p>\n<p>(3) The member in charge of the station may authorise the exclusion of a parent or guardian during the questioning of the child or the taking of a written statement where\u2014<\/p>\n<p>(a) the parent or guardian is the victim of, or has been arrested in respect of, the offence being investigated,<\/p>\n<p>(b) the member has reasonable grounds for suspecting the parent or guardian of complicity in the offence, or<\/p>\n<p>(c) the member has reasonable grounds for believing that the parent or guardian would, if present during the questioning or the taking of a written statement, be likely to obstruct the course of justice.<\/p>\n<p>(4) The member in charge of the station may authorise the removal of a parent or guardian during the questioning of the child or the taking of a written statement where the member has reasonable grounds for believing that the conduct of the parent or guardian is such as to amount to an obstruction of the course of justice.<\/p>\n<p>(5) Where the child or his or her parent or guardian asks for a solicitor, he or she shall not be asked to make a statement, either orally or in writing, in relation to an offence until a reasonable time for the attendance of the solicitor has elapsed.<\/p>\n<p>(6) A child who is from a Gaeltacht area or whose first language is Irish shall be entitled to be questioned or to make a written statement in the Irish language, and any other child shall be entitled to make a written or oral statement in that language.<\/p>\n<p>(7) In this section references to a parent or guardian include references to an adult relative of the child, an adult reasonably named by the child pursuant to section 58(2)(a) or the adult mentioned in subsection (1)(b).<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_of_proceedings_to_parent_or_guardian\"><\/span>Notification of proceedings to parent or guardian.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>62.\u2014(1) Where a child who is in custody in a Garda S\u00edoch\u00e1na station is charged with an offence and the child\u2019s parent or guardian is present at the station, the member in charge of the station shall ensure that\u2014<\/p>\n<p>(a) a copy of the charge sheet containing particulars of the offence is handed to the parent or guardian, and<\/p>\n<p>(b) as soon as practicable, a notification in writing is sent to the child\u2019s parents or guardian of\u2014<\/p>\n<p>(i) the time, date and place of the child\u2019s first appearance before the court, and<\/p>\n<p>(ii) the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings.<\/p>\n<p>(2) Where the child\u2019s parent or guardian is not present at the station and his or her address is known, the member in charge of the station shall ensure that as soon as practicable\u2014<\/p>\n<p>(a) a copy of the charge sheet containing particulars of the offence is sent to the parents or guardian, and<\/p>\n<p>(b) a notification in writing is sent to the parents or guardian of\u2014<\/p>\n<p>(i) the time, date and place of the child\u2019s first appearance before the court,<\/p>\n<p>(ii) the provisions of section 91 concerning the non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings,<\/p>\n<p>(iii) whether or not a recognisance was taken from the child,<\/p>\n<p>(iv) the name of any adult who attended at the station at the request of the child, and<\/p>\n<p>(v) if the child consulted a solicitor, the solicitor\u2019s name and address.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notification_of_proceedings_to_adult_relative_or_other_adult\"><\/span>Notification of proceedings to adult relative or other adult.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>63.\u2014(1) Where a child who is in custody in a Garda S\u00edoch\u00e1na station is charged with an offence and the child\u2019s parent or guardian is not present at the station, the member in charge shall ensure that a copy of the charge sheet containing particulars of the offence is handed to an adult relative of the child who is so present.<\/p>\n<p>(2) The member in charge of the station shall also ensure that as soon as practicable the adult relative is notified of the time, date and place of the child\u2019s first appearance before the court and, if the child has consulted a solicitor, of the solicitor\u2019s name and address.<\/p>\n<p>(3) Where neither the parent or guardian nor any adult relative of the child is present at the station, the member in charge of the station may send a copy of the charge sheet and a notification of the time, date and place of the child\u2019s first appearance before the court to an adult relative.<\/p>\n<p>(4) The duties of the member in charge under this section shall apply only where the member is of opinion that the child\u2019s parent or guardian would not be available to attend court with the child and that the adult relative in question is likely to be of assistance to, and provide support for, the child during the court proceedings.<\/p>\n<p>(5) In this section \u201cadult relative\u201d includes any adult reasonably named by the child pursuant to section 58(2)(a).<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Procedure_by_summons\"><\/span>Procedure by summons.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>64.\u2014(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons, the child\u2019s parents or guardian may be named in the summons and, if named, shall be required to appear at the sitting of the court specified in the summons.<\/p>\n<p>(2) Where the summons names the child\u2019s parents or guardian, it shall also specify the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the specified sitting of the court.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Notice_to_adult_relative_or_other_adult_where_proceeding_by_summons\"><\/span>Notice to adult relative or other adult where proceeding by summons.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>65.\u2014(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons and the whereabouts of his or her parents or guardian are unknown, a notice under this section may be issued to an adult relative of the child or other adult reasonably named by the child, whether or not the adult relative or other adult attended at the Garda S\u00edoch\u00e1na station pursuant to section 58(2).<\/p>\n<p>(2) A notice under this section shall be issued by the member of the Garda S\u00edoch\u00e1na dealing with the child in respect of the offence for which the summons is being issued.<\/p>\n<p>(3) The notice shall state the time, date and place of the sitting of the court in respect of which the summons was issued and shall contain particulars of the offence which the child is alleged to have committed.<\/p>\n<p>(4) The notice shall issue only with the agreement of the child and where the member is of opinion that the adult concerned is likely to be of assistance to, and provide support for, the child during the court proceedings.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Provisions_common_to_sections_56_to_63_and_65\"><\/span>Provisions common to sections 56 to 63 and 65.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>66.\u2014(1) In this section \u201cthe relevant sections\u201d means sections 56 to 63 and 65.<\/p>\n<p>(2) A failure on the part of any member of the Garda S\u00edoch\u00e1na to observe any provision of the relevant sections shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or of the admissibility in evidence of any statement made by the child.<\/p>\n<p>(3) A failure on the part of any member of the Garda S\u00edoch\u00e1na to observe any provision of the relevant sections shall render that member liable to disciplinary proceedings.<\/p>\n<p>(4) The duties imposed by the relevant sections on members of the Garda S\u00edoch\u00e1na in relation to the treatment of any child who is in custody in a Garda S\u00edoch\u00e1na station are without prejudice to any other duties imposed on them in that respect by or under any other enactment.<\/p>\n<p>(5) The provisions of the relevant sections shall not apply if and for so long as the member in charge of the Garda S\u00edoch\u00e1na station in which a person is in custody has reasonable grounds for believing that the person is not below the age of 18 years.<\/p>\n<p>Amendment of section 5 of the Criminal Justice Act, 1984.<\/p>\n<p>67.\u2014Section 5 (which provides for access to a solicitor and notification of detention) of the Act of 1984 is hereby amended by the deletion of subsection (2) of that section and the substitution of \u201ceighteen years\u201d for \u201cseventeen years\u201d where the latter expression occurs in subsections (1) and (3) thereof.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Release_on_bail_by_member_of_Garda_Siochana\"><\/span>Release on bail by member of Garda S\u00edoch\u00e1na.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>68.\u2014(1) When a child is arrested and brought to a Garda S\u00edoch\u00e1na station by a member of the Garda S\u00edoch\u00e1na, the member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of the child is in force, release the child on bail and for that purpose take, or arrange to have taken, from the child a recognisance, with or without sureties, for his or her due appearance\u2014<\/p>\n<p>(a) before the Children Court at its next sitting in the district court area in which the child has been arrested or at any subsequent sitting thereof in that district court area during the period of 30 days immediately following such next sitting, or<\/p>\n<p>(b) in the case of the Children Court in the Dublin Metropolitan District, before the next sitting of that Court or any subsequent sitting thereof during the period of 30 days immediately following such next sitting.<\/p>\n<p>(2) The recognisance referred to in subsection (1) may be taken from the child\u2019s parent or guardian and may be for the due appearance before the Children Court of the parent or guardian as well as of the child concerned.<\/p>\n<p>(3) The recognisance may be estreated in like manner as a recognisance entered into before a judge of the District Court is estreated.<\/p>\n<p>F73[(4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.]<\/p>\n<p>(5) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be transmitted, by the person taking the recognisance or receiving the sum of money, to the district court clerk for the district court area in which the sitting of the Children Court before which the child is to appear is being held.<\/p>\n<p>(6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the Defence Act, 1954.<\/p>\n<p>(7) Section 31 (which deals with release on bail by members of the Garda S\u00edoch\u00e1na) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F73<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 21, S.I. No. 236 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Application_of_certain_provisions_to_married_child\"><\/span>Application of certain provisions to married child.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>69.\u2014In the application of this Part in relation to a child who is married\u2014<\/p>\n<p>(a) the references in sections 57, 58, 60(3), 61(7), 62 (except subsections (1)(b)(ii) and (2)(b)(ii)), 63, 65, 68(2) and 70(1)(b) to a parent or guardian of the child shall be construed as references to his or her spouse,<\/p>\n<p>(b) the references in sections 58(2)(a), 60(3), 61(7), 63, 65 and 70(1)(b) to an adult relative of the child shall be construed as including references to his or her parent or guardian, and<\/p>\n<p>(c) section 64 shall not have effect.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Regulations_Part_6\"><\/span>Regulations (Part 6).<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>70.\u2014(1) Further provision may be made by regulations in relation to\u2014<\/p>\n<p>(a) the treatment of children while in custody in Garda S\u00edoch\u00e1na stations,<\/p>\n<p>(b) the role of a parent, guardian or adult relative of a child or another adult (including any representative of F74[the F75[Child and Family Agency]]) who is present in a Garda S\u00edoch\u00e1na station pursuant to this Part while the child is in custody, and<\/p>\n<p>(c) such other matters (if any) as may be necessary or expedient for the purpose of enabling this Part to have full effect and for its due administration.<\/p>\n<p>(2) Pending the making of any regulations under subsection (1)(a), the references to seventeen years in Regulations 9 and 13 of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda S\u00edoch\u00e1na Stations) Regulations, 1987, shall be construed and have effect as if they were references to eighteen years.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F74<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 12, S.I. No. 887 of 2004.<\/p>\n<p>F75<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<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nThe Criminal Justice Act 1984 (Treatment of persons in custody in Garda S\u00edoch\u00e1na Stations) Regulations 1987 (S.I. No. 119 of 1987) were amended to reflect the amendments made by this section (14.12.2006) by Criminal Justice Act 1984 (Treatment of persons in custody in Garda S\u00edoch\u00e1na Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006).<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-33896\" data-postid=\"33896\" class=\"themify_builder_content themify_builder_content-33896 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>CHILDREN ACT 2001 Interpretation (general). 3.\u2014(1) In this Act, unless the context otherwise requires\u2014 \u201cAct of 1907\u201d means the Probation of Offenders Act, 1907; \u201cAct of 1951\u201d means the Criminal Justice Act, 1951; \u201cAct of 1967\u201d means the Criminal Procedure Act, 1967; \u201cAct of 1984\u201d means the Criminal Justice Act, 1984; \u201cAct of 1991\u201d means [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","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\/33896"}],"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=33896"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33896\/revisions"}],"predecessor-version":[{"id":33898,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33896\/revisions\/33898"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=33896"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=33896"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=33896"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}