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Children Act, 2001

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Number 24 of 2001


CHILDREN ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation (general).

4.

Laying of regulations before Houses of Oireachtas.

5.

Repeals.

6.

Expenses.

PART 2

Family Welfare Conferences

7.

Convening of family welfare conference.

8.

Functions of conference.

9.

Persons entitled to attend conference.

10.

Procedure at conference.

11.

Administrative services.

12.

Notification of recommendations of conference.

13.

Action by health board on recommendations.

14.

Privilege.

15.

Regulations.

PART 3

Amendment of Act of 1991

16.

Amendment (new Parts IVA and IVB) of Act of 1991.

PART 4

Diversion Programme

Introductory

17.

Interpretation (Part 4).

18.

Principle.

19.

Objective of Programme.

20.

Diversion Programme.

21.

Temporary incapacity of Director.

Admission to Programme

22.

Report on child to Director.

23.

Admission to Programme.

24.

Decision to admit to Programme.

Administration of cautions

25.

Cautions.

26.

Presence of victim at formal caution.

Supervision of children admitted to Programme

27.

Supervision.

28.

Level of supervision.

Holding of conference in respect of child

29.

“Conference”.

30.

Recommendation that conference be held.

31.

Decision on holding conference.

32.

Persons entitled to attend conference.

33.

Location of conference.

34.

Time limit for holding conference.

35.

Notification to participants.

36.

Views of those unable or unwilling to attend conference.

37.

Procedure at conference.

38.

Period or level of supervision.

39.

Action plan.

40.

Disagreement on action plan.

41.

Report to Director.

42.

Decision by Director on period or level of supervision.

43.

Administrative services.

Committee to monitor effectiveness of Programme

44.

Review of effectiveness of Programme.

45.

Vacancies in committee.

Other matters relating to the Programme

46.

Supplemental provisions.

47.

Regulations (Part 4).

48.

Inadmissible evidence.

49.

Bar to proceedings.

50.

Privilege.

51.

Protection of identity of children.

PART 5

Criminal Responsibility

52.

Age of criminal responsibility.

53.

Duty of Garda Síochána in relation to certain under-age children.

54.

Aiding, etc., under-age child to commit offence.

PART 6

Treatment of Child Suspects in Garda Síochána Stations

55.

Treatment of child suspects.

56.

Separation of children from adults in Garda Síochána station.

57.

Notification to child.

58.

Notification of arrest of child to parent or guardian.

59.

Notification to health board.

60.

Notification to solicitor.

61.

Interviewing children.

62.

Notification of proceedings to parent or guardian.

63.

Notification of proceedings to adult relative or other adult.

64.

Procedure by summons.

65.

Notice to adult relative or other adult where proceeding by summons.

66.

Provisions common to sections 56 to 63 and 65.

67.

Amendment of section 5 of the Criminal Justice Act, 1984.

68.

Release on bail by member of Garda Síochána.

69.

Application of certain provisions to married child.

70.

Regulations (Part 6).

PART 7

Children Court

71.

Children Court.

72.

Requirement for transacting business in Children Court.

73.

Arrangements for hearing of proceedings in Children Court.

74.

Children charged with summary offences jointly with adults.

75.

Jurisdiction to deal summarily with indictable offences.

76.

Children charged with indictable offences jointly with adults.

PART 8

Proceedings in Court

77.

Referral of case to health board.

78.

Family conference.

79.

Convening of family conference.

80.

Action plan.

81.

Report to Court by probation and welfare officer.

82.

Action by Court on report of probation and welfare officer.

83.

Failure to comply with action plan.

84.

Review of compliance with action plan.

85.

Application of provisions.

86.

Procedure at family conference.

87.

Administrative services to family conference.

88.

Remand in custody.

89.

Non-application of section 5 of Bail Act, 1997.

90.

Conditions of bail.

91.

Attendance at Court of parents or guardian.

92.

Conveyance to and from Court.

93.

Restrictions on reports of proceedings in which children are concerned.

94.

Persons entitled to be present at hearing.

PART 9

Powers of Courts in Relation to Child Offenders

General

95.

Interpretation (Part 9).

96.

Principles relating to exercise of criminal jurisdiction over children.

97.

Construction of certain references.

98.

Orders on finding of guilt.

Probation Officer's Reports.

99.

Probation officer's report.

100.

Remand for preparation of report or other reason.

101.

Availability of child for preparation of report.

102.

Immunity from liability for reports.

103.

Access to reports.

104.

Right to tender evidence on report.

105.

Oral reports.

106.

Power of court on receipt of report.

107.

Regulations regarding reports.

108.

Maximum fines.

109.

Determination of amount of fine and costs.

110.

Default in payment of fine, costs or compensation.

Orders in relation to parents or guardian

111.

Parental supervision order.

112.

Non-compliance with parental supervision order.

113.

Compensation by parent or guardian.

114.

Binding over of parent or guardian.

Community Sanctions

115.

Community sanction.

116.

Imposition of community sanction.

117.

Conditions to which community sanction may be made subject.

118.

Day centres.

119.

Power to vary day centre order.

120.

Power to revoke day centre order.

121.

Provisions where more than one day centre order.

122.

Non-compliance with day centre order.

123.

Duties of child under day centre order.

124.

Probation (training or activities programme) order.

125.

Probation (intensive supervision) order.

126.

Probation (residential supervision) order.

127.

Power to vary probation (residential supervision) order.

128.

Failure to observe conditions of probation.

129.

Suitable person (care and supervision) order.

130.

Non-compliance with suitable person (care and supervision) order.

131.

Mentor (family support) order.

132.

Non-compliance with mentor (family support) order.

133.

Restriction on movement order.

134.

Variation of restriction on movement order.

135.

Provisions regarding more than one restriction on movement order.

136.

Non-compliance with restriction on movement order.

137.

Dual order.

138.

Expiry of community sanction.

139.

Commission of offence while community sanction in force.

140.

Effect of subsequent period of detention.

141.

Regulations.

Detention

142.

Detention orders.

143.

Restriction on detention orders.

144.

Deferment of detention order.

145.

Alternative to detention where no place available in children detention school.

146.

Finding of guilt during deferment.

147.

Detention in accordance with age of child.

148.

Document to be produced to Director of children detention school.

149.

Period of detention in children detention school.

150.

Places of detention.

151.

Detention and supervision.

152.

Transfer.

153.

Rules governing places of detention.

154.

Amendment of Criminal Justice (Community Service) Act, 1983.

155.

Punishment of certain indictable offences.

156.

Restriction on punishment of children.

PART 10

Children Detention Schools

General

157.

Interpretation (Part 10).

158.

Principal object of children detention schools.

159.

Certified schools under Act of 1908.

160.

Designation of children detention schools.

161.

Provision of other places for detention of children.

162.

Funding of such places.

163.

Closure of schools.

Boards of Management

164.

Boards of management.

165.

Functions of boards of management.

166.

Additional functions.

167.

Membership, etc., of boards of management.

168.

Removal and resignation of members.

169.

Casual vacancies.

170.

Temporary substitutes.

171.

Remuneration of members.

172.

Funding of Board.

173.

Accounts and audits.

174.

Annual report and information.

175.

Meetings and procedure.

176.

Directions by Minister.

177.

Membership of either House of Oireachtas or of European Parliament.

178.

Non-disclosure of information.

179.

Rules by boards of management.

Director and staff of schools

180.

The Director.

181.

Staff of children detention schools.

182.

Transfer of staff.

183.

Terms and conditions of transferred staff.

184.

Superannuation of staff.

185.

Inspector of children detention schools.

186.

Functions of Inspector.

187.

Powers of Inspector.

188.

Reports of inspections and investigations.

189.

Annual report of Inspector.

190.

Visiting panel.

191.

Duties and powers of visiting panels.

192.

Visits by judges.

Operation of schools

193.

Obligation of Director to accept children.

194.

Reception of children in schools.

195.

Maximum number of detained children.

196.

Sex and age of detained children.

197.

Treatment of children.

198.

Transfer between schools and places provided under section 161.

199.

Provision as to religious observance.

200.

Provision of medical treatment.

201.

Discipline.

202.

Permitted absence.

203.

Other permitted absences.

204.

Mobility trips.

205.

Temporary leave.

206.

Conditions of grant of temporary leave.

207.

Supervision in community.

208.

Voluntary aftercare.

209.

Unconditional release.

210.

Early discharge.

211.

Order for production of child.

212.

Responsible persons.

213.

Duty to notify changes of address to school.

214.

Lawful custody of detained children.

Offences

215.

Escape.

216.

Helping child to escape.

217.

Harbouring escaped child.

218.

Unlawful entry or communication.

219.

Bringing alcohol, etc., into schools.

Other matters

220.

Delegation of certain functions by Minister.

221.

Regulations.

222.

Pending proceedings.

223.

Saving for certain acts.

224.

Transitional provisions.

PART 11

Special Residential Services Board

225.

Interpretation (Part 11).

226.

Special Residential Services Board.

227.

Functions of Board.

228.

Assignment of other functions.

229.

Policy directions.

230.

Membership, etc., of Board.

231.

Removal and resignation of members.

232.

Temporary substitutes.

233.

Casual vacancies.

234.

Remuneration of members.

235.

Application to Board of sections 175, 177 and 178.

236.

Seal.

237.

Chief Executive of Board.

238.

Staff of Board.

239.

Superannuation of staff.

240.

Funding of Board.

241.

Accounts and audits of Board.

242.

Annual report and information.

243.

Delegation of functions.

244.

Regulations.

PART 12

Protection of Children

245.

Interpretation (Part 12).

246.

Cruelty to children.

247.

Begging.

248.

Allowing child to be in brothel.

249.

Causing or encouraging sexual offence upon child.

250.

Amendment of Criminal Law (Sexual Offences) Act, 1993.

251.

Power to proceed in absence of child.

252.

Anonymity of child in court proceedings.

253.

Mode of charging offences.

254.

Powers of arrest without warrant, etc.

255.

Power to take deposition of child.

256.

Presumption and determination of age of child victim.

257.

Clearing of court in certain cases.

PART 13

Miscellaneous

258.

Non-disclosure of certain findings of guilt.

259.

Duties of probation officers.

260.

Interference with supervisor.

261.

Powers of Garda Síochána.

262.

Delegation by principal probation and welfare officer.

263.

Temporary accommodation of children.

264.

Research.

265.

Right of appeal.

266.

Amendment of section 5 of Criminal Law (Rape) Act, 1981.

267.

Amendment of sections 17(2) and 59 of Act of 1991.

268.

Children in care of health board.

269.

Presumption and determination of age.

270.

Safety of children at entertainments.

271.

Exclusion of members of Defence Forces.

SCHEDULE 1

Offences Against Children

SCHEDULE 2

Enactments Repealed


Acts Referred to

Adoption Acts, 1952 to 1998

Bail Act, 1997

1997, No. 16

Child Care Act, 1991

1991, No. 17

Children Act, 1908

1908, c. 67

Children Act, 1941

1941, No. 12

Children Act (1908) Amendment Act, 1910

1910, c. 25

Children Acts, 1908 to 1989

Children (Amendment) Act, 1949

1949, No. 6

Children (Amendment) Act, 1957

1957, No. 28

Child Trafficking and Pornography Act, 1998

1998, No. 22

Civil Service Regulation Act, 1956

1956, No. 46

Courts (No. 3) Act, 1986

1986, No. 33

Courts of Justice Act, 1924

1924, No. 10

Criminal Evidence Act, 1992

1992, No. 12

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1993

1993, No. 6

Criminal Justice Act, 1999

1999, No. 10

Criminal Justice (Community Service) Act, 1983

1983, No. 23

Criminal Law Amendment Act, 1885

1885, c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) Act, 1981

1981, No. 10

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Procedure Act, 1967

1967, No. 12

Dangerous Performances Acts, 1879 and 1897

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1998

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Guardianship of Infants Act, 1964

1964, No. 7

Irish Reformatory Schools Act, 1868

1868, c. 59

Medical Practitioners Acts, 1978 to 2000

Mental Treatment Acts, 1945 to 1966

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21

Non-Fatal Offences against the Person Act, 1997

1997, No. 26

Offences against the Person Act, 1861

1861, c. 100

Prevention of Crime Act, 1908

1908, c. 59

Prisons Act, 1970

1970, No. 11

Prisons Acts, 1826 to 1980

Probation of Offenders Act, 1907

1907, c. 17

Punishment of Incest Act, 1908

1908, c. 45

Summary Jurisdiction over Children (Ireland) Act, 1884

1884, c. 19

Vagrancy (Ireland) Act, 1847

1847, c. 84

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Number 24 of 2001


CHILDREN ACT, 2001


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [8th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: