Children Act, 2001

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

(c) in respect of whom the Court has postponed a decision,

the following provisions of this section shall apply.

(2) Where the child is under the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a junior remand centre.

(3) Where the child is of or over the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a remand centre.

(4) Where the Court remands a child in custody it shall explain the reasons for its decision in open court in language that is appropriate to the age and level of understanding of the child.

(5) The Minister may, with the agreement of the Minister for Education and Science, by order designate as a junior remand centre any place, including part of any children detention school, which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (2).

(6) The Minister may, with the agreement of the Minister for Education and Science, by order amend an order under subsection (5), including an order under this subsection.

(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).

(8) The Minister may by order amend an order made under subsection (7), including an order under this subsection.

(9) The Minister shall cause a copy of any order under subsections (5) to (8) to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(10) A place may be designated as a junior remand centre only with the consent of its owners or, as the case may be, its managers.

(11) Where a junior remand centre is part of a children detention school, children remanded in custody to the 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.

(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.

(13) The Court shall not remand a child in custody under this section if the only reason for doing so is that the child is in need of care or protection.

(14) Such matters as may be necessary or expedient for enabling junior remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister for Education and Science.