Children Act, 2001

Power to revoke day centre order.

120.—(1) Where a day centre order is in force in respect of a child and it appears to a court, on application by the child or a probation and welfare officer, that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, that the order should be revoked or that the child should be dealt with in some other way for the offence in respect of which the order was made, the court may—

(a) if the order was made by a court in the district of residence, either—

(i) revoke the order, or

(ii) revoke it and deal with the child in another way,

or

(b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The circumstances in which a day centre order may be revoked under subsection (1)(a)(i) shall include the progress the child has made, his or her satisfactory response to supervision and the discharge of any financial penalty.

(3) In dealing with a child under subsection (1)(a)(ii) a court shall take into account the extent to which the child has complied with the day centre order and any conditions to which it is subject.

(4) The jurisdiction vested in the court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the day centre order was made.

(5) Where a court proposes to exercise its powers under subsection (1) otherwise than on an application by a child, it shall summon the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.