Children Act, 2001

Non-compliance with restriction on movement order.

136.—(1) Where an order under section 133 is in force and it appears to a court, on application by a member of the Garda Síochána, that the child has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

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

(i) direct the child to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and substitute another order under section 133 or another community sanction, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made;


(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 matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the order in question or any condition to which it is subject.

(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the child to appear before it and, if the child does not appear in answer to the summons, may issue a warrant for his or her arrest.

(4) The jurisdiction vested in the court under this section 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 order under section 133 was made.