Children Act, 2001

Adopted 8 July 2001

(Excerpts)

PART 9

Powers of Courts in Relation to Child Offenders

detention

Remand in custody.

88.—(1) Where the Court remands in custody a child—

(a) who is charged with or found guilty of one or more offences,

(b) who is being sent forward for trial, or

(7) The Minister may by order designate as a remand centre any place (including part of a children detention centre) which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (3).

(12) Where a remand centre is part of a children detention centre, a child remanded to the remand 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.

Detention orders.

142.—A court may, in accordance with this Part, by order (in this Part referred to as a ‘‘children detention order’’) impose on a child a period of detention in a children detention school or children detention centre specified in the order.

Detention in accordance with age of child.

147.—Where the court imposes a period of detention on a child it shall—

(a) where the child is under 16 years of age, order the child to be detained in a children detention school,

(b) where the child is between 16 and 18 years of age, order the child to be detained in a children detention centre.

Places of detention.

150.—(1) The Minister may from time to time by order designate as a children detention centre any institution (or part thereof) or other place which in the opinion of the Minister is suitable for the detention of offenders who are between 16 and 18 years of age.

(2) No sentence of detention imposed by the Children Court under this section for an offence shall be for longer than the term of imprisonment which the Court could have imposed on a person of full age and capacity who is convicted of such an offence.

(3) An order under this section shall specify the date on which it comes into force.

(4) (a) An order under this section may specify the class or classes of children who may be detained in a children detention centre by reference to age or sex.

(b) A person who is not of a class so specified in relation to a particular children detention centre shall not be detained in that centre.

(5) An order under this section shall not affect the lawfulness of the detention of any person who was detained in the institution or place concerned immediately before the order came into force.

(6) The Minister may by order amend or revoke any order made under this section, including an order under this subsection.

Detention and supervision.

151.—(1) Where a court is satisfied that detention is the only suitable way of dealing with a child who is between 16 and 18 years of age, it may, instead of making a children detention order, make a detention and supervision order.

(2) A detention and supervision order shall provide for detention in a children detention centre followed by supervision in the community.

(3) Subject to subsection (4), half of the period for which a detention and supervision order is in force shall be spent by the child in detention in a children detention centre and half under supervision in the community.

(4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 or 3 of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child’s release.

(5) The supervision provided for in this section shall be by a probation and welfare officer.

(6) A detention and supervision order, in so far as it relates to detention, shall be deemed for all purposes to be a children detention order.

(7) A detention and supervision order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that the child concerned would be of good behaviour and for reducing the likelihood of the child’s committing any further offences.

(8) Section 130 shall apply, with any necessary modifications, to non-compliance with a detention and supervision order, or with any condition to which it is subject, as if for the references to an order in that section there were substituted references to a detention and supervision order.

Transfer

152.—(1) The Minister may direct the transfer of a child from a children detention centre to another such centre to serve the whole or any part of the unexpired residue of his or her period of detention.

(2) Notwithstanding any provision in any enactment, no child shall be transferred from any place of custody to a place of detention provided under section 2 of the Act of 1970 or prison.

(3) In this section ‘‘place of custody’’ means a junior remand centre, a remand centre, a children detention school or a children detention centre.

(4) Subject to section 155(4), a child may not be transferred from a children detention school to a children detention centre.

(5) A child may be transferred from a children detention centre to a place of detention provided under section 2 of the Act of 1970 or prison only on attaining 18 years of age.

(6) A child aged 16 or 17 years detained in a place of detention provided under section 2 of the Act of 1970 or prison may be transferred to a children detention centre.

Rules governing places of detention.

153.—(1) The Minister may make rules governing the operation generally of children detention centres.

(2) Any rules under this section shall contain a statement of principles governing the operation of children detention centres and, without prejudice to the generality of subsection (1), may make provision for—

(a) the treatment of children detained in such centres including their diet, clothing, maintenance, occupation, instruction and discipline,

(b) facilities and services for such children, including educational and training facilities, medical, psychological and psychiatric services and services relating to their general moral and physical welfare,

(d) the duties and conduct of the staff, and

(e) the establishment, constitution, duties and powers of visiting panels for such centres.

(3) (a) The Minister may appoint a person who is a member of a visiting panel to a children detention school to be a member of a visiting panel to a children detention centre.

(b) An appointment under paragraph (a) shall be with the agreement of the Minister for Education and Science and the member so appointed.

(4) The Prisons Acts, 1826 to 1980, and any other enactments or statutory instruments relating or applying to St. Patrick’s Institution or to persons serving sentences therein shall, save in so far as they may be inconsistent with any rules under this section or any provision of this Act, apply and have effect, with any necessary modifications, in relation to a children detention centre and to persons detained therein as if the centre were that Institution.

Punishment of certain indictable offences.

155.—(1) Where a child under the age of 16 years is convicted on indictment of an offence and the court is of opinion that none of the other ways in which the case may be dealt with is adequate, it may by order impose on the child a period of detention which may exceed the 3-year period provided for in section 149 and which shall be served initially in a children detention school and, when the child has attained the age of 16 years, in a place or places determined in accordance with subsections (2) to (6) of this section.

(3) Where the court has made an order under this section, the Director of the children detention school in which the child is detained may, when or after the child attains the age of 16 years, apply in writing to the court that made the order to have the child transferred to a children detention centre.

(4) Any application under subsection (3) in respect of a child who is under 18 years of age at the time of the application shall set out the reasons for the application and the court, if satisfied that those reasons would justify the transfer of the child to a children detention centre, may order that the application be granted.

(5) Where an application under subsection (3) is in respect of a child who has attained 18 years of age or where for any other reason such a child is transferred from a children detention school, the transfer shall be to a place of detention provided under section 2 of the Act of 1970 or to prison.

(6) Any statutory provisions, rules or regulations applying to persons serving a sentence in a children detention centre, in a place of detention provided for under section 2 of the Act of 1970 or in a prison shall, as appropriate, apply and have effect, with any necessary modifications, in relation to children transferred pursuant to this section.

Source: Irish Statute Book Database