S.I. No. 666/2004 - District Court (Children) (No. 2) Rules 2004

STATUTORY INSTRUMENTS.

S.I. No. 666 of 2004 .

DISTRICT COURT (CHILDREN) (No. 2) RULES 2004.

S.I. No. 666 of 2004 .

DISTRICT COURT (CHILDREN) (No. 2) RULES, 2004.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 17 of the Interpretation Act 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ] and section 34 of the Courts (Supplemental Provisions) Act 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:

1.  These rules may be cited as the District Court (Children) (No. 2) Rules 2004.

2.  These rules shall come into operation on the 3rd day of November 2004 and shall be read together with all other District Court rules for the time being in force.

3.  Order 37 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the insertion therein of the following immediately after rule 12 thereof:

“13. An order pursuant to section 78(1) of the Act directing the Probation and Welfare Service to arrange for the convening of a family conference shall be in the Form 37.27, Schedule B. Where such order is made, the proceedings shall be adjourned to a date not less than seven days after the expiry of the period of 28 days prescribed in section 79 of the Act. For the purposes of convening a family conference pursuant to section 78 of the Act, the Clerk shall provide the probation and welfare service with such information and copies of such documents in respect of the child and/or in respect of the offence alleged as may be directed by the Court.

14. An order of the Court pursuant to section 82(1)(b) or section 82(2)(a) of the Act in respect of an action plan ordering that the child concerned comply with it and be supervised by a probation and welfare officer while it is in operation shall be in the Form 37.28 Schedule B. On such order being made, the proceedings shall be adjourned to a date fixed by the Court for review of compliance with the action plan in accordance with Section 84 of the Act. The probation and welfare officer who convened the relevant family conference shall be at liberty in such case to apply to the Court for the purposes of section 83 of the Act. Such application shall be preceded by the issue and service of a notice of application in the Form 37.29, Schedule B which shall be served not later than seven days before the date fixed for the hearing of such application on (a) the prosecuting Garda; (b) the child and (c) the parent(s) or guardian of the child or if the whereabouts of the parent(s) or guardian are unknown, on any adult relative of the child or other adult who has, under section 91(6) of the Act of 2001, accompanied the child during the proceedings.”

4.  The Forms numbered 37.27 to 37.29 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

No. 37.27

SCHEDULE B

O.37, r.13

CHILDREN ACT, 2001, Section 78(1)

DIRECTION FOR THE CONVENING OF A FAMILY CONFERENCE

............................................................ ............................................................ ...............................

Prosecutor

and

............................................................ ............................................................ ...............................

Accused

Whereas the child named above is charged that on the ..................... day of

.................................. 20 .............., at ..........................................................

within the court (area and) district aforesaid he/she did *(here state the offence)

AND

The said child accepts responsibility for *his/*her criminal behaviour, having had a reasonable opportunity to consult with *his/*her parents or guardian and obtained any legal advice sought by or on behalf of *him/*her, and

It appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and

The said child and *the said child's parents or guardian *members of the said child's family *relatives of the said 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

THE COURT HEREBY DIRECTS under section 78 of the above-named Act that the Probation and Welfare Service arrange for the convening of a family conference in respect of the child as follows:—

The said family conference to be convened by a probation and welfare officer appointed for that purpose by the principal probation and welfare officer to be held not later than 28 days after the date of this direction.

Where an action plan is formulated at the conference, the probation and welfare officer appointed shall lodge a copy of the action plan with the Clerk at least four days before the date to which the proceedings are adjourned.

*IT IS FURTHER DIRECTED that the said family conference consider the following matters relating to the child:

*AND IT IS FURTHER DIRECTED that

And the within proceedings are adjourned to ................................................

Dated this          day of                            20

Signed  ..............................................

Judge of the Children Court

No. 37.28

SCHEDULE B

O.37, r.14

CHILDREN ACT, 2001, Section 82

ORDER APPROVING AND APPLYING ACTION PLAN

............................................................ ............................................................ ...............................

Prosecutor

and

............................................................ ............................................................ ...............................

Accused

Whereas the child named above is charged that on the ..................... day of

.................................. 20 .............., at ...........................................................

within the court (area and) district aforesaid he/she did *(here state the offence)

AND

The said child accepts responsibility for *his/*her criminal behaviour, having had a reasonable opportunity to consult with *his/*her parents or guardian and obtained any legal advice sought by or on behalf of *him/*her, and

The Court having directed the convening of a family conference in respect of the child and adjourned the proceedings to this date and

*The probation and welfare officer appointed to convene the family conference having submitted an action plan

*The Court having been informed that the family conference did not reach agreement on an action plan and the Court, being of the opinion that an action plan would be desirable and have a reasonable prospect of success, having formulated an action plan

It is ordered that the action plan *as submitted *as submitted and amended by the Court *as formulated by the Court and a copy of which is annexed to this Order, be and is hereby approved.

And it is further ordered that the child shall comply with the action plan and shall be supervised by a probation and welfare officer,                      , while the said action plan is in operation.

And it is further ordered that the proceedings be listed for review on

the       day of                   20

Signed  .............................................

Judge of the Children Court

No. 37.29

SCHEDULE B

O.37, r.14

CHILDREN ACT, 2001, SECTION 83

NOTICE OF APPLICATION FOR RESUMPTION OF PROCEEDINGS

............................................................ ............................................................ ...............................

Prosecutor

and

............................................................ ............................................................ ...............................

Accused

WHEREAS THE COURT ordered on the ...... day of .............................. under section 82 of the above-named Act that the above-named child do comply with an action plan whic had been submitted to the Court pursuant to section 81 of the said Act.

And whereas it is alleged that the child has, without reasonable cause, failed to comply with the terms of the said action plan.

TAKE NOTICE that the above named applicant probation and welfare officer will apply at the sitting of the Children Court to be held at

............................................................ ............................................................ ...............................

on the          day of                      20    at    am/pm for an order that the proceedings in respect of the offence with which the child is charged be resumed.

Dated this ...... day of .................... 20 ....

Signed  ...................................................

Probation and Welfare Officer

To:                                      of

And to: ............................................................ .

Children Court Clerk, Children Court

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, entitled as above which prescribe procedures for Orders to direct the Probation and Welfare Service to arrange for the convening of a family conference and for orders directing a child to comply with an action plan pursuant to sections 78(1), 79, 82(1)(b), 82(2)(a), 83 and 84 of the Children Act 2001 .