{"id":33901,"date":"2024-03-23T14:43:51","date_gmt":"2024-03-23T14:43:51","guid":{"rendered":"https:\/\/legalblog.ie\/?p=33901"},"modified":"2024-03-23T21:53:58","modified_gmt":"2024-03-23T21:53:58","slug":"childrens-court","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/childrens-court\/","title":{"rendered":"Children Court"},"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\/childrens-court\/#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-2\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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\/childrens-court\/#Children_Court\" title=\"Children Court.\">Children Court.<\/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\/childrens-court\/#Requirement_for_transacting_business_in_Children_Court\" title=\"Requirement for transacting business in Children Court.\">Requirement for transacting business in Children Court.<\/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\/childrens-court\/#Children_charged_with_summary_offences_jointly_with_adults\" title=\"Children charged with summary offences jointly with adults.\">Children charged with summary offences jointly with adults.<\/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\/childrens-court\/#Jurisdiction_to_deal_summarily_with_indictable_offences\" title=\"Jurisdiction to deal summarily with indictable offences.\">Jurisdiction to deal summarily with indictable offences.<\/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\/childrens-court\/#Children_charged_with_indictable_offences_jointly_with_adults\" title=\"Children charged with indictable offences jointly with adults.\">Children charged with indictable offences jointly with adults.<\/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\/childrens-court\/#Proceedings_in_Court\" title=\"Proceedings in Court\">Proceedings in Court<\/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\/childrens-court\/#Powers_of_Court_in_criminal_proceedings_against_child\" title=\"Powers of Court in criminal proceedings against child.\">Powers of Court in criminal proceedings against child.<\/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\/childrens-court\/#Assistance_to_Court_by_Child_and_Family_Agency\" title=\"Assistance to Court by Child and Family Agency.\">Assistance to Court by Child and Family Agency.<\/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\/childrens-court\/#Dismissal_of_case_against_child_under_14_in_certain_circumstances\" title=\"Dismissal of case against child under 14 in certain circumstances.\">Dismissal of case against child under 14 in certain circumstances.<\/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\/childrens-court\/#Referral_of_case_to_health_board\" title=\"Referral of case to health board.\">Referral of case to health board.<\/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\/childrens-court\/#Family_conference\" title=\"Family conference.\">Family conference.<\/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\/childrens-court\/#Convening_of_family_conference\" title=\"Convening of family conference.\">Convening of family conference.<\/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\/childrens-court\/#Action_plan\" title=\"Action plan.\">Action plan.<\/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\/childrens-court\/#Report_to_Court_by_probation_and_welfare_officer\" title=\"Report to Court by probation and welfare officer.\">Report to Court by probation and welfare officer.<\/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\/childrens-court\/#Action_by_Court_on_report_of_probation_and_welfare_officer\" title=\"Action by Court on report of probation and welfare officer.\">Action by Court on report of probation and welfare officer.<\/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\/childrens-court\/#Failure_to_comply_with_action_plan\" title=\"Failure to comply with action plan.\">Failure to comply with action plan.<\/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\/childrens-court\/#Review_of_compliance_with_action_plan\" title=\"Review of compliance with action plan.\">Review of compliance with action plan.<\/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\/childrens-court\/#Application_of_provisions\" title=\"Application of provisions.\">Application of provisions.<\/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\/childrens-court\/#Procedure_at_family_conference\" title=\"Procedure at family conference.\">Procedure at family conference.<\/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\/childrens-court\/#Administrative_services_to_family_conference\" title=\"Administrative services to family conference.\">Administrative services to family conference.<\/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\/childrens-court\/#Remand_in_custody\" title=\"Remand in custody.\">Remand in custody.<\/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\/childrens-court\/#Transfer_of_children_on_remand\" title=\"Transfer of children on remand\">Transfer of children on remand<\/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\/childrens-court\/#Discipline_of_children_on_remand\" title=\"Discipline of children on remand\">Discipline of children on remand<\/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\/childrens-court\/#Non-application_of_section_5_of_Bail_Act_1997\" title=\"Non-application of section 5 of Bail Act, 1997.\">Non-application of section 5 of Bail Act, 1997.<\/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\/childrens-court\/#Conditions_of_bail\" title=\"Conditions of bail.\">Conditions of bail.<\/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\/childrens-court\/#Attendance_at_Court_of_parents_or_guardian\" title=\"Attendance at Court of parents or guardian.\">Attendance at Court of parents or guardian.<\/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\/childrens-court\/#Restrictions_on_reports_of_proceedings_in_which_children_are_concerned\" title=\"Restrictions on reports of proceedings in which children are concerned.\">Restrictions on reports of proceedings in which children are concerned.<\/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\/childrens-court\/#Persons_entitled_to_be_present_at_hearing\" title=\"Persons entitled to be present at hearing.\">Persons entitled to be present at hearing.<\/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\/childrens-court\/#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-32\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-33\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-34\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-35\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-36\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-37\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-38\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-39\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-40\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-41\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-42\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-43\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-44\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-45\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-46\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-47\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-48\" href=\"https:\/\/legalblog.ie\/childrens-court\/#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-49\" href=\"https:\/\/legalblog.ie\/childrens-court\/#Right_of_appeal\" title=\"\nRight of appeal.\">\nRight of appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/childrens-court\/#Presumption_and_determination_of_age\" title=\"Presumption and determination of age.\">Presumption and determination of age.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h2><span class=\"ez-toc-section\" id=\"CHILDREN_ACT_2001\"><\/span>CHILDREN 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>PART 7<\/p>\n<p>Children Court<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Children_Court\"><\/span>Children Court.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>71.\u2014(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV F76[\u2026] or V of the Act of 1991, shall be known as the Children Court and is referred to as \u201cthe Court\u201d in this Part and F77[Parts 8 and 12A].<\/p>\n<p>(b) When exercising any such jurisdiction the Court shall sit in a different building or room from that in which sittings of any other court are held or on different days or at different times from those on or at which sittings of any such other court are held.<\/p>\n<p>(2) So far as practicable sittings of the Court shall be so arranged that persons attending are not brought into contact with persons in attendance at a sitting of any other court.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) in the course of any proceedings before the Court it appears to it that the person charged or to whom the proceedings relate is 18 years of age or upwards, or<\/p>\n<p>(b) in the course of any proceedings before the District Court sitting otherwise than as the Children Court it appears to the District Court that the person charged or to whom the proceedings relate is under the age of 18 years,<\/p>\n<p>nothing in this section shall be construed as preventing the Court or the District Court, as the case may be, if it thinks it undesirable to adjourn the case, from proceeding to hear and determine it.<\/p>\n<p>(4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment.<\/p>\n<p>(5) Any reference to a juvenile court in any enactment in force immediately before the commencement of this section shall be construed as a reference to the Court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nDeleted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 32, S.I. No. 637 of 2017.<\/p>\n<p>F77<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 6, S.I. No. 65 of 2007.<\/p>\n<p>F78<br \/>\nSubstituted by Child Care (Amendment) Act 2022 (21\/2022), s. 9, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C13<br \/>\nProspective affecting provision: subs. (1)(a) amended by Child Care (Amendment) Act 2022 (21\/2022), s. 9, not commenced as of date of revision.<\/p>\n<p>71.\u2014(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by F78[Part III, IV, V or VA] of the Act of 1991, shall be known as the Children Court and is referred to as \u201cthe Court\u201d in this Part and F77[Parts 8 and 12A].<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Requirement_for_transacting_business_in_Children_Court\"><\/span>Requirement for transacting business in Children Court.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>72.\u2014(1) Subject to subsection (2), a judge of the District Court shall, before transacting business in the Children Court, participate in any relevant course of training or education which may be required by the President of the District Court.<\/p>\n<p>(2) Subsection (1) shall apply only in relation to judges of the District Court appointed on or after 15 December, 1995.<\/p>\n<p>Arrangements for hearing of proceedings in Children Court.<\/p>\n<p>73.\u2014(1) As far as practicable, the hearing of proceedings in the Court shall be arranged so that the time that the persons involved have to wait for the proceedings to be heard is kept to a minimum.<\/p>\n<p>(2) The time stated in every summons requiring a person to appear before the Court shall be a time which the person preparing the summons reasonably expects that the proceedings in respect of which the summons is issued will be heard.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Children_charged_with_summary_offences_jointly_with_adults\"><\/span>Children charged with summary offences jointly with adults.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>74.\u2014(1) Where\u2014<\/p>\n<p>(a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults,<\/p>\n<p>(b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,<\/p>\n<p>(c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or<\/p>\n<p>(d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,<\/p>\n<p>the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.<\/p>\n<p>(2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult\u2014<\/p>\n<p>(a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and<\/p>\n<p>(b) that person shall for all purposes be deemed to have been found guilty by the District Court.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Jurisdiction_to_deal_summarily_with_indictable_offences\"><\/span>Jurisdiction to deal summarily with indictable offences.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>75.\u2014(1) Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily.<\/p>\n<p>(2) In deciding whether to try or deal with a child summarily for an indictable offence, the Court shall also take account of\u2014<\/p>\n<p>(a) the age and level of maturity of the child concerned, and<\/p>\n<p>(b) any other facts that it considers relevant.<\/p>\n<p>(3) The Court shall not deal summarily with an indictable offence where the child, on being informed by the Court of his or her right to be tried by a jury, does not consent to the case being so dealt with.<\/p>\n<p>(4) In deciding whether or not to consent under subsection (3) a child may obtain\u2014<\/p>\n<p>(a) the assistance of his or her parent or guardian or, if the child is married to an adult, his or her spouse, or<\/p>\n<p>(b) where the parent or guardian or adult spouse of the child does not for any reason attend the relevant proceedings, the assistance of any adult relative of the child or other adult who is accompanying the child at the proceedings.<\/p>\n<p>(5) If at any time the Court ascertains that a child charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, the Court may, if the child signs a plea of guilty, send him or her forward for sentence with that plea to a court to which, but for that plea, the child would have been sent forward for trial.<\/p>\n<p>(6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General\u2019s consent.<\/p>\n<p>(7) (a) Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.<\/p>\n<p>(b) In that event\u2014<\/p>\n<p>(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999) of the Act of 1967,<\/p>\n<p>(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and<\/p>\n<p>(iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Children_charged_with_indictable_offences_jointly_with_adults\"><\/span>Children charged with indictable offences jointly with adults.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>76.\u2014Where\u2014<\/p>\n<p>(a) a child is charged with an indictable offence and the charge is made jointly against the child and one or more adults,<\/p>\n<p>(b) a child is charged with an indictable offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,<\/p>\n<p>(c) a child is charged with aiding, abetting, counselling or procuring the commission of an indictable offence with which one or more adults are charged at the same time, or<\/p>\n<p>(d) a child is charged with an indictable offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,<\/p>\n<p>the Children Court shall deal with the child in accordance with section 75 and the adult or adults in accordance with the enactments governing proceedings in the District Court against a person charged with an indictable offence.<\/p>\n<p>PART 8<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Proceedings_in_Court\"><\/span>Proceedings in Court<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>F79[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Powers_of_Court_in_criminal_proceedings_against_child\"><\/span>Powers of Court in criminal proceedings against child.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>76A.\u2014 (1) In any criminal proceedings against a child the Court may exercise any of the following powers conferred on it by this Part, namely, power\u2014<\/p>\n<p>(a) under section 76B, to request the attendance of a representative of the F80[Child and Family Agency],<\/p>\n<p>(b) under section 76C, to dismiss the case on its merits,<\/p>\n<p>(c) under section 77, to direct the F80[Child and Family Agency] to convene a family welfare conference in respect of the child F81[\u2026], or<\/p>\n<p>(d) under section 78, to direct the probation and welfare service to arrange for the convening of a family conference in respect of the child.<\/p>\n<p>(2) Subsection (1) is without prejudice to the power of the Court to deal with the case in any other way if it is satisfied that to do so would be in the interests of justice.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F79<br \/>\nInserted by Criminal Justice Act 2006 (26\/2006), s. 132, commenced (1.03.2007) except in so far as it relates to the insertion of s. 76A(1)(c), S.I. No. 65 of 2007; commenced (10.09.2007) in so far as it relates to the insertion of s. 76A(1)(c), S.I. No. 600 of 2007.<\/p>\n<p>F80<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>F81<br \/>\nDeleted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 16, S.I. No. 509 of 2007.<\/p>\n<p>F82[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Assistance_to_Court_by_Child_and_Family_Agency\"><\/span>Assistance to Court by Child and Family Agency.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>76B.\u2014 (1) Where\u2014<\/p>\n<p>(a) a child who is charged with an offence is remanded on bail or, subject to section 88(10)(b), in custody, and<\/p>\n<p>(b) it appears to the Court that the F83[Child and Family Agency] may be of assistance to it in dealing with the case,<\/p>\n<p>the Court may request the Executive to be represented in the proceedings.<\/p>\n<p>(2) Where the child is remanded on bail, the request shall be made at least one week before the date of the resumption of the proceedings concerned.<\/p>\n<p>(3) If, having heard the F83[Child and Family Agency]\u2019s representative, the Court dismisses the case against the child on its merits, the F83[Child and Family Agency] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F82<br \/>\nInserted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 133, S.I. No. 65 of 2007.<\/p>\n<p>F83<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>F84[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Dismissal_of_case_against_child_under_14_in_certain_circumstances\"><\/span>Dismissal of case against child under 14 in certain circumstances.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>76C.\u2014 Where a child under 14 years of age is charged with an offence, the Court may, of its own motion or the application of any person, dismiss the case on its merits if, having had due regard to the child\u2019s age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F84<br \/>\nInserted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 134, S.I. No. 65 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Referral_of_case_to_health_board\"><\/span>Referral of case to health board.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>77.\u2014(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child F85[or for the provision to that child of other care under the Act of 1991 (as amended by the Child Care (Amendment) Act 2011) or otherwise], the Court may, of its own motion or on the application of any person\u2014<\/p>\n<p>(a) adjourn the proceedings and direct F86[the F87[Child and Family Agency]] to convene a family welfare conference in respect of the child F88[if in the Court\u2019s view it is practicable for the F87[Child and Family Agency] to hold such a conference having regard to the age of the child and his or her family and other F89[circumstances.]]<\/p>\n<p>(b) F90[\u2026]<\/p>\n<p>(2) Where a family welfare conference has been held by F86[the F87[Child and Family Agency]] pursuant to a direction under subsection (1)(a)\u2014<\/p>\n<p>(a) if F86[the F87[Child and Family Agency]] applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or<\/p>\n<p>(b) if it decides not to apply for any such order, it shall inform the Court of\u2014<\/p>\n<p>(i) its reasons for so deciding,<\/p>\n<p>(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and<\/p>\n<p>(iii) any other action which it has taken, or intends to take, with respect to the child.<\/p>\n<p>(3) The Court, on being informed by F86[the F87[Child and Family Agency]] of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F85<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 33(a), S.I. No. 637 of 2017.<\/p>\n<p>F86<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 13, S.I. No. 887 of 2004.<\/p>\n<p>F87<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>F88<br \/>\nSubstituted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 17(a), S.I. No. 509 of 2007.<\/p>\n<p>F89<br \/>\nSubstituted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 33(b), S.I. No. 637 of 2017.<\/p>\n<p>F90<br \/>\nDeleted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 17(b), S.I. No. 509 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Family_conference\"><\/span>Family conference.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>78.\u2014(1) Where, in any proceedings in which a child is charged with an offence\u2014<\/p>\n<p>(a) the child accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her,<\/p>\n<p>(b) it appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and<\/p>\n<p>(c) the child and child\u2019s parent or guardian, or members of the child\u2019s family or relatives of the child who in the opinion of the Court could make a positive contribution at a family conference, agree to attend such a conference and to participate in its proceedings,<\/p>\n<p>the Court may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held.<\/p>\n<p>(2) The Court may direct that the conference consider such matters relating to the child as the Court considers appropriate.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Convening_of_family_conference\"><\/span>Convening of family conference.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>79.\u2014A family conference shall be convened by a probation and welfare officer appointed for that purpose by the F91[Director of the Probation and Welfare Service] and shall be held not later than 28 days after the date of the direction of the Court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F91<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 137, S.I. No. 65 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Action_plan\"><\/span>Action plan.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>80.\u2014(1) A family conference shall endeavour to formulate an action plan for the child in respect of whom it has been convened.<\/p>\n<p>(2) Subsections (1) to (5) of section 39 shall apply and have effect in relation to such a plan, with the substitution in subsections (2), (4) and (5) of that section of references to a probation and welfare officer for the references to a facilitator or chairperson and with any other necessary modifications.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Report_to_Court_by_probation_and_welfare_officer\"><\/span>Report to Court by probation and welfare officer.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>81.\u2014The probation and welfare officer who was appointed to convene the family conference shall, as appropriate\u2014<\/p>\n<p>(a) submit to the Court the action plan formulated at the conference,<\/p>\n<p>(b) inform the Court that the conference did not reach agreement on an action plan,<\/p>\n<p>(c) apply to the Court for an extension of the time for holding the conference, or<\/p>\n<p>(d) inform the Court that it has not been possible to hold the conference and that there is little likelihood of its being held.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Action_by_Court_on_report_of_probation_and_welfare_officer\"><\/span>Action by Court on report of probation and welfare officer.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>82.\u2014(1) Where an action plan is submitted to the Court pursuant to section 81(a), the Court may\u2014<\/p>\n<p>(a) approve of the plan or amend it, and<\/p>\n<p>(b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation.<\/p>\n<p>(2) Where the probation and welfare officer reports to the Court pursuant to section 81(b) that the family conference did not reach agreement on an action plan, the Court may\u2014<\/p>\n<p>(a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or<\/p>\n<p>(b) resume the proceedings in respect of the offence with which the child is charged.<\/p>\n<p>(3) Where the probation and welfare officer applies to the Court pursuant to section 81(c) for an extension of the time for holding the family conference, or informs the Court pursuant to section 81(d) that there is little likelihood of its being held, the Court may\u2014<\/p>\n<p>(a) where it is satisfied that there is a likelihood of the conference being held, grant an extension of time, not exceeding 28 days, for holding it, or<\/p>\n<p>(b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged.<\/p>\n<p>(4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order.<\/p>\n<p>(5) An action plan formulated pursuant to subsection (1)(b) or (2)(a) shall be written in language that can be understood by the child and be signed by the child (or, where appropriate, a person mentioned in section 78(1)(c) on his or her behalf) and the supervising probation and welfare officer.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Failure_to_comply_with_action_plan\"><\/span>Failure to comply with action plan.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>83.\u2014Where the Court has ordered a child to comply with an action plan and, on application by the probation and welfare officer who convened the relevant family conference, it appears to the Court that the child has, without reasonable cause, failed to comply with the terms of the plan, the Court may resume the proceedings in respect of the offence with which the child is charged.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Review_of_compliance_with_action_plan\"><\/span>Review of compliance with action plan.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>84.\u2014At a resumed court sitting to review compliance with the action plan, the Court may resume the proceedings in respect of the offence with which the child is charged and, without prejudice to any other way of dealing with the case, may, if it is satisfied that the child has complied with the plan, dismiss the charge against the child on its merits.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Application_of_provisions\"><\/span>Application of provisions.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>85.\u2014Sections 29, 30(3), F92[32, 32A,] 33, 35, 36, 50 and 51 shall apply and have effect in relation to a family conference convened under this Part with the substitution, where appropriate, in those provisions of references to a probation and welfare officer for the references to a juvenile liaison officer, facilitator or chairperson and with any other necessary modifications.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F92<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 34(1)(d), S.I. No. 530 of 2017.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Procedure_at_family_conference\"><\/span>Procedure at family conference.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>86.\u2014(1) Subject to the provisions of this Part or any direction given by the Court, a family conference may regulate its procedure in such manner as it thinks fit.<\/p>\n<p>(2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Administrative_services_to_family_conference\"><\/span>Administrative services to family conference.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>87.\u2014The F93[Director of the Probation and Welfare Service] shall provide such administrative services as may be necessary to enable a family conference to discharge its functions.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F93<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 137, S.I. No. 65 of 2007.<\/p>\n<p>F94[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Remand_in_custody\"><\/span>Remand in custody.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>88.\u2014(1) Where the Court decides to remand in custody a child\u2014<\/p>\n<p>(a) who is charged with or found guilty of one or more offences,<\/p>\n<p>(b) who is being sent forward for trial, or<\/p>\n<p>(c) in respect of whom the court has postponed a decision,<\/p>\n<p>the following provisions of this section shall apply in relation to the child.<\/p>\n<p>(2) The child shall be remanded to a place designated under this section as a remand centre.<\/p>\n<p>(3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child\u2019s age and level of understanding.<\/p>\n<p>(4) The Minister may by order designate as a remand centre any place, including F95[part or all of a children detention school, which in the Minister\u2019s opinion is suitable for the custody of children who are remanded under this section (referred to in this Act as a remand centre \u2018situated in\u2019 a children detention school)].<\/p>\n<p>(5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.<\/p>\n<p>(6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.<\/p>\n<p>(7) A place may be designated as a remand centre only with the consent of its owners or, as the case may be, its managers.<\/p>\n<p>(8) Where a remand centre is F95[situated in] a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.<\/p>\n<p>(9) Where a remand centre is not F95[situated in] a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.<\/p>\n<p>(10) The Court shall not remand a child in custody under this section if the only reason for doing so is that\u2014<\/p>\n<p>(a) the child is in need of care or protection, or<\/p>\n<p>(b) the Court wishes the F96[Child and Family Agency] to assist it under section 76B in dealing with the case.<\/p>\n<p>F97[(10A) Where the Court remands a child to a remand centre under subsection (2), the lawfulness of the remand and the period of the remand shall not be affected should the child attain the age of 18 years during the period of the remand in question, and in such a case this Act shall apply to the person during the remainder of that period of the remand as it applies to a child on remand.]<\/p>\n<p>(11) Such matters as may be necessary or expedient for enabling remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister.<\/p>\n<p>(12) F98[\u2026]<\/p>\n<p>(13) F99[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F94<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 135, S.I. No. 65 of 2007.<\/p>\n<p>F95<br \/>\nSubstituted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 5(a), (b), (c), S.I. No. 539 of 2015.<\/p>\n<p>F96<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>F97<br \/>\nInserted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 5(d), S.I. No. 539 of 2015.<\/p>\n<p>F98<br \/>\nRepealed (31.03.2017) by Children (Amendment) Act 2015 (30\/2015), s. 3(1)(a), S.I. No. 111 of 2017, subject to stransitional provisions in subss. (3), (4), (5) and (11).<\/p>\n<p>F99<br \/>\nRepealed (31.03.2017) by Children (Amendment) Act 2015 (30\/2015), s. 3(1)(b), S.I. No. 11 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPower pursuant to subss. (1)-(11) exercised (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), in effect as per art. 3.<\/p>\n<p>E26<br \/>\nPrevious affecting provision: power pursuant to subss. (1)-(11) exercised (30.03.2015) by Children Act 2001 (Designation of Remand Centres) (Amendment) Order 2015 (S.I. No. 95 of 2015), in effect as per art. 1(2); revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(b).<\/p>\n<p>E27<br \/>\nPrevious affecting provision: power pursuant to subss. (1)-(11) exercised (1.05.2012) by Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012), in effect as per art. 2; revoked (1.06.2016) by Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016), art. 6(a).<\/p>\n<p>F100[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Transfer_of_children_on_remand\"><\/span>Transfer of children on remand<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>88A. (1) The Minister for Children and Youth Affairs may direct the transfer of a child remanded to a remand centre to another remand centre for the remainder of the child\u2019s period of remand if the remand centre to which the child is to be transferred provides the conditions and facilities suitable for the custody of children who are remanded under section 88 and\u2014<\/p>\n<p>(a) the remand centre to which the child is to be transferred caters in accordance with the provisions of this Part for that class of child, or<\/p>\n<p>(b) the Minister for Children and Youth Affairs considers that the transfer is necessary in the interests of good governance of remand centres.<\/p>\n<p>(2) Before giving a direction under this section, the Minister shall consult the Director, or where a remand centre is not situated in a children detention school, the board of management, of the remand centre from which and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child\u2019s best interests, or if the transfer would not be in the child\u2019s best interests, what other course of action should be adopted in respect of the child.<\/p>\n<p>(3) The Director, or where the remand centre is not situated in a children detention school, the board of management, of the remand centre to which the child was remanded may request the Minister to make a direction under subsection (1).<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>(a) a reference to a Director of a remand centre means a reference to the Director, within the meaning of section 180, of the children detention school in which the remand centre is situated, and<\/p>\n<p>(b) a reference to a board of management of a remand centre means the board of management appointed under section 88(9) to manage the remand centre.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F100<br \/>\nInserted (1.12.2015) by Children (Amendment) Act 2015 (30\/2015), s. 6, S.I. No. 539 of 2015.<\/p>\n<p>F101[<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Discipline_of_children_on_remand\"><\/span>Discipline of children on remand<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>88B. &#8230;]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F101<br \/>\nInserted by Children (Amendment) Act 2015 (30\/2015), s. 6, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C14<br \/>\nProspective affecting provision: section inserted by Children (Amendment) Act 2015 (30\/2015), s. 6, not commenced as of date of revision.<\/p>\n<p>F101[88B. (1) Subject to subsection (2), sections 201, 201A and 201B (other than subsections (1)(e), (5) and (8) of section 201A) shall apply, with any necessary modifications, to children on remand as they apply to children detained in a children detention school on foot of a children detention order.<\/p>\n<p>(2) For the purposes of subsection (1) \u2014<\/p>\n<p>(a) references in sections 201, 201A and 201B (other than in relation to subsection (1)(e) of section 201A) to \u2018breach of children detention school discipline\u2019 or \u2018disciplinary breach\u2019 shall be construed as references to breach of remand centre discipline provided for under this Act or by regulations made under this Act, and<\/p>\n<p>(b) where a child is remanded to a remand centre\u2014<\/p>\n<p>(i) that is situated in a children detention school, references to \u2018Director\u2019 in sections 201, 201A and 201B (other than in relation to subsection (1)(e) of, and in subsection (5) of, section 201A) shall be read as references to the Director, within the meaning of section 180, of the children detention school in which the remand centre is situated, or<\/p>\n<p>(ii) that is not situated in a children detention school, references to \u2018Director\u2019 in sections 201, 201A and 201B (other than in relation to subsection (1)(e) of, and in subsection (5) of, section 201A) shall be read as references to the board of management appointed under section 88(9) to manage the remand centre.]<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Non-application_of_section_5_of_Bail_Act_1997\"><\/span>Non-application of section 5 of Bail Act, 1997.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>89.\u2014Section 5 (Payment of moneys into court) of the Bail Act, 1997, is amended by the addition of the following subsection:<\/p>\n<p>\u201c(4) This section shall not apply in relation to a person under the age of 18 years.\u201d.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Conditions_of_bail\"><\/span>Conditions of bail.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>90.\u2014(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions:<\/p>\n<p>(a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate,<\/p>\n<p>(b) that the child receives education or undergoes training, as appropriate,<\/p>\n<p>(c) that the child reports to a specified Garda S\u00edoch\u00e1na station at a specified time at such intervals as the Court considers appropriate,<\/p>\n<p>(d) that the child does not associate with a specified individual or individuals,<\/p>\n<p>(e) that the child stays away from a specified building, place or locality except in such circumstances and at such times as the Court may specify,<\/p>\n<p>(f) such other conditions as the Court considers appropriate.<\/p>\n<p>(2) Where a child who is released on bail does not comply with any condition to which the release was subject and is subsequently found guilty of an offence, the Court, in dealing with the child for the offence, may take into account the non-compliance in question and the circumstances in which it occurred.<\/p>\n<p>(3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Attendance_at_Court_of_parents_or_guardian\"><\/span>Attendance at Court of parents or guardian.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>91.\u2014(1) The parents or guardian of a child shall, subject to subsection (5), be required to attend at all stages of any proceedings\u2014<\/p>\n<p>(a) against the child for an offence,<\/p>\n<p>(b) relating to a family conference in respect of the child, F102[\u2026]<\/p>\n<p>(c) relating to any failure by the child to comply with a community sanction or any condition to which the sanction is F103[subject, or]<\/p>\n<p>F104[(d) under section 257D.]<\/p>\n<p>(2) Where the parents or guardian fail or neglect, without reasonable excuse, to attend any proceedings to which subsection (1) applies, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian, and the warrant shall command the person to whom it is addressed to produce the parents or guardian before the Court at the time appointed for resuming the proceedings.<\/p>\n<p>(3) Failure by the parents or guardian, without reasonable excuse, to attend any such proceedings shall, subject to subsection (5), be treated for all purposes as if it were a contempt in the face of the court.<\/p>\n<p>(4) At the hearing of any proceedings in respect of the offence with which the child is charged F104[or under section 257D], any parent or guardian who is required to attend the proceedings may be examined in respect of any relevant matters.<\/p>\n<p>(5) The Court may, at any stage of proceedings to which subsection (1) applies, excuse the parents or a parent or the guardian of the child concerned from attendance at all or any part of the proceedings in any case where the Court, either of its own motion or at the request of any of the parties to the proceedings, is of opinion that the interests of justice would not be served by such attendance.<\/p>\n<p>(6) If in any such proceedings the whereabouts of the parents or guardian of the child concerned are unknown, or neither a parent nor a guardian attends the proceedings for any reason, the child may be accompanied during the proceedings by an adult relative or other adult.<\/p>\n<p>(7) This section does not apply to the parents of a child who is married.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F102<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 138(a)(i), S.I. No. 65 of 2007.<\/p>\n<p>F103<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 138(a)(ii), S.I. No. 65 of 2007.<\/p>\n<p>F104<br \/>\nInserted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 138(a)(iii) and (b), S.I. No. 65 of 2007.<\/p>\n<p>Conveyance to and from Court.<\/p>\n<p>92.\u2014Any child while being conveyed to or from the Court or while waiting before or after attendance at the Court shall, as far as practicable, be prevented from associating with an adult, not being a relative or spouse, who is charged with any offence other than an offence with which the child is jointly charged.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Restrictions_on_reports_of_proceedings_in_which_children_are_concerned\"><\/span>Restrictions on reports of proceedings in which children are concerned.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>F105[93.\u2014(1) In relation to proceedings before any court concerning a child\u2014<\/p>\n<p>(a) no report which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any such child shall be published or included in a broadcast or any other form of communication, and<\/p>\n<p>(b) no still or moving picture of or including any such child or which is likely to lead to his or her identification shall be so published or included.<\/p>\n<p>(2) A court may dispense, in whole or in part, with the requirements of this section in relation to a child if satisfied that to do so is necessary\u2014<\/p>\n<p>(a) where the child is charged with an offence\u2014<\/p>\n<p>(i) to avoid injustice to the child,<\/p>\n<p>(ii) where the child is unlawfully at large, for the purpose of apprehending the child, or<\/p>\n<p>(iii) in the public interest,<\/p>\n<p>or<\/p>\n<p>(b) where the child is subject to an order under section 257D\u2014<\/p>\n<p>(i) to avoid injustice to the child, or<\/p>\n<p>(ii) to ensure that the order is complied with.<\/p>\n<p>(3) Where a court dispenses with any requirements of this section, it shall explain in open court the reasons for its decision.<\/p>\n<p>(4) Subsections (3) to (6) of section 51 of this Act shall apply, with the necessary modifications, to matters published or included in a broadcast or other form of communication in contravention of subsection (1).<\/p>\n<p>(5) This section shall apply in relation to proceedings on appeal from a court, including proceedings by way of case stated.<\/p>\n<p>(6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F105<br \/>\nSubstituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 139, S.I. No. 65 of 2007.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Persons_entitled_to_be_present_at_hearing\"><\/span>Persons entitled to be present at hearing.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>94.\u2014(1) The Court shall exclude from the hearing of any proceedings before it all persons except\u2014<\/p>\n<p>(a) officers of the Court,<\/p>\n<p>(b) the parents or guardian of the child concerned,<\/p>\n<p>(c) an adult relative of the child, or other adult who attends the Court pursuant to section 91(6),<\/p>\n<p>(d) persons directly concerned in the proceedings,<\/p>\n<p>(e) bona fide representatives of the Press, and<\/p>\n<p>(f) such other persons (if any) as the Court may at its discretion permit to remain.<\/p>\n<p>(2) The order or decision of the Court (if any) in any such proceedings shall be announced in public.<\/p>\n<p>&nbsp;<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Principles_relating_to_exercise_of_criminal_jurisdiction_over_children\"><\/span>Principles relating to exercise of criminal jurisdiction over children.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Construction_of_certain_references\"><\/span>Construction of certain references.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Orders_on_finding_of_guilt\"><\/span>Orders on finding of guilt.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Probation_officers_report\"><\/span>Probation officer\u2019s report.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Remand_for_preparation_of_report_or_other_reason\"><\/span>Remand for preparation of report or other reason.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Availability_of_child_for_preparation_of_report\"><\/span>Availability of child for preparation of report.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Immunity_from_liability_for_reports\"><\/span>Immunity from liability for reports.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Access_to_reports\"><\/span>Access to reports.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Right_to_tender_evidence_on_report\"><\/span>Right to tender evidence on report.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Oral_reports\"><\/span>Oral reports.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Power_of_court_on_receipt_of_report\"><\/span>Power of court on receipt of report.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Regulations_regarding_reports\"><\/span>Regulations regarding reports.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Maximum_fines\"><\/span>Maximum fines.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Determination_of_amount_of_fine_and_costs\"><\/span>Determination of amount of fine and costs.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Parental_supervision_order\"><\/span>Parental supervision order.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Non-compliance_with_parental_supervision_order\"><\/span>Non-compliance with parental supervision order.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Compensation_by_parent_or_guardian\"><\/span>Compensation by parent or guardian.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Binding_over_of_parent_or_guardian\"><\/span>Binding over of parent or guardian.<span class=\"ez-toc-section-end\"><\/span><\/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><span class=\"ez-toc-section\" id=\"Right_of_appeal\"><\/span>\nRight of appeal.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>265.\u2014An appeal shall lie to the Circuit Court from an order of the Children Court or the District Court committing a child to a children detention school F242[\u2026].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F242<br \/>\nDeleted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 158 and sch. 4 am. no. 32, S.I. No. 65 of 2007.<\/p>\n<p>Amendment of section 5 of Criminal Law (Rape) Act, 1981.<\/p>\n<p>266.\u2014Section 5 of the Criminal Law (Rape) Act, 1981, is hereby amended by the substitution of \u201csection 75 (which provides for the summary trial in certain cases of persons under the age of 18 years who are charged with indictable offences) of the Children Act, 2001\u201d for \u201cthe Summary Jurisdiction over Children (Ireland) Act, 1884, as amended by section 133(6) of the Children Act, 1908, and section 28 of the Children Act, 1941 (which provides for the summary trial in certain cases of persons under the age of 17 who are charged with indictable offences)\u201d.<\/p>\n<p>Amendment of sections 17(2) and 59 of Act of 1991.<\/p>\n<p>267.\u2014(1) The Act of 1991 is hereby amended\u2014<\/p>\n<p>(a) in paragraphs (a) and (b) of section 17(2) (period in care of health board under interim care order), by the substitution of \u201ctwenty-eight days\u201d for \u201ceight days\u201d, and<\/p>\n<p>(b) in section 59 (definitions for purposes of Part VIII), by the deletion of paragraph (c) from the definition of \u201cchildren\u2019s residential centre\u201d.<\/p>\n<p>(2) References in Part V (Jurisdiction and Procedure) of the Act of 1991 to Part IV of that Act shall be construed as including references to F243[Part] IVB (inserted by section 16) thereof.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F243<br \/>\nSubstituted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 34, S.I. No. 637 of 2017.<\/p>\n<p>Children in care of health board.<\/p>\n<p>268.\u2014While a child is in the care of F244[the F245[Child and Family Agency]] pursuant to any provision of this Act, F244[the F245[Child and Family Agency]] shall\u2014<\/p>\n<p>(a) have the like control over the child as if it were his or her parent, and<\/p>\n<p>(b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child\u2019s health, development or welfare.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F244<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 20, S.I. No. 887 of 2004.<\/p>\n<p>F245<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><span class=\"ez-toc-section\" id=\"Presumption_and_determination_of_age\"><\/span>Presumption and determination of age.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>269.\u2014Where a person who is charged with an offence is brought before a court and it appears to the court that the person is a child the court shall make due inquiry as to the age of the person, and for that purpose shall take such evidence on oath as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-33901\" data-postid=\"33901\" class=\"themify_builder_content themify_builder_content-33901 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\/33901"}],"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=33901"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33901\/revisions"}],"predecessor-version":[{"id":33949,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33901\/revisions\/33949"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=33901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=33901"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=33901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}