Children Act, 2001

Children Act, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2001 Children Act, 2001 Children Act, 2001 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 24 of 2001 CHILDREN ACT, 2001 ARRANGEMENT OF SECTIONS

PART 1

Preliminary Section

Section 1

Short title and collective citation.

Section 2

Commencement.

Section 3

Interpretation (general).

Section 4

Laying of regulations before Houses of Oireachtas.

Section 5

Repeals.

Section 6

Expenses.

PART 2

Family Welfare Conferences

Section 7

Convening of family welfare conference.

Section 8

Functions of conference.

Section 9

Persons entitled to attend conference.

Section 10

Procedure at conference.

Section 11

Administrative services.

Section 12

Notification of recommendations of conference.

Section 13

Action by health board on recommendations.

Section 14

Privilege.

Section 15

Regulations.

PART 3

Amendment of Act of 1991

Section 16

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

PART 4

Diversion Programme Introductory

Section 17

Interpretation (Part 4).

Section 18

Principle.

Section 19

Objective of Programme.

Section 20

Diversion Programme.

Section 21

Temporary incapacity of Director.

Admission to Programme

Section 22

Report on child to Director.

Section 23

Admission to Programme.

Section 24

Decision to admit to Programme.

Administration of cautions

Section 25

Cautions.

Section 26

Presence of victim at formal caution.

Supervision of children admitted to Programme

Section 27

Supervision.

Section 28

Level of supervision.

Holding of conference in respect of child

Section 29

“Conference”.

Section 30

Recommendation that conference be held.

Section 31

Decision on holding conference.

Section 32

Persons entitled to attend conference.

Section 33

Location of conference.

Section 34

Time limit for holding conference.

Section 35

Notification to participants.

Section 36

Views of those unable or unwilling to attend conference.

Section 37

Procedure at conference.

Section 38

Period or level of supervision.

Section 39

Action plan.

Section 40

Disagreement on action plan.

Section 41

Report to Director.

Section 42

Decision by Director on period or level of supervision.

Section 43

Administrative services.

Committee to monitor effectiveness of Programme

Section 44

Review of effectiveness of Programme.

Section 45

Vacancies in committee.

Other matters relating to the Programme

Section 46

Supplemental provisions.

Section 47

Regulations (Part 4).

Section 48

Inadmissible evidence.

Section 49

Bar to proceedings.

Section 50

Privilege.

Section 51

Protection of identity of children.

PART 5

Criminal Responsibility

Section 52

Age of criminal responsibility.

Section 53

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

Section 54

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

PART 6

Treatment of Child Suspects in Garda Síochána Stations

Section 55

Treatment of child suspects.

Section 56

Separation of children from adults in Garda Síochána station.

Section 57

Notification to child.

Section 58

Notification of arrest of child to parent or guardian.

Section 59

Notification to health board.

Section 60

Notification to solicitor.

Section 61

Interviewing children.

Section 62

Notification of proceedings to parent or guardian.

Section 63

Notification of proceedings to adult relative or other adult.

Section 64

Procedure by summons.

Section 65

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

Section 66

Provisions common to sections 56 to 63 and 65.

Section 67

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

Section 68

Release on bail by member of Garda Síochána.

Section 69

Application of certain provisions to married child.

Section 70

Regulations (Part 6).

PART 7

Children Court

Section 71

Children Court.

Section 72

Requirement for transacting business in Children Court.

Section 73

Arrangements for hearing of proceedings in Children Court.

Section 74

Children charged with summary offences jointly with adults.

Section 75

Jurisdiction to deal summarily with indictable offences.

Section 76

Children charged with indictable offences jointly with adults.

PART 8

Proceedings in Court

Section 77

Referral of case to health board.

Section 78

Family conference.

Section 79

Convening of family conference.

Section 80

Action plan.

Section 81

Report to Court by probation and welfare officer.

Section 82

Action by Court on report of probation and welfare officer.

Section 83

Failure to comply with action plan.

Section 84

Review of compliance with action plan.

Section 85

Application of provisions.

Section 86

Procedure at family conference.

Section 87

Administrative services to family conference.

Section 88

Remand in custody.

Section 89

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

Section 90

Conditions of bail.

Section 91

Attendance at Court of parents or guardian.

Section 92

Conveyance to and from Court.

Section 93

Restrictions on reports of proceedings in which children are concerned.

Section 94

Persons entitled to be present at hearing.

PART 9

Powers of Courts in Relation to Child Offenders General

Section 95

Interpretation (Part 9).

Section 96

Principles relating to exercise of criminal jurisdiction over children.

Section 97

Construction of certain references.

Section 98

Orders on finding of guilt.

Probation Officer's Reports.

Section 99

Probation officer's report.

Section 100

Remand for preparation of report or other reason.

Section 101

Availability of child for preparation of report.

Section 102

Immunity from liability for reports.

Section 103

Access to reports.

Section 104

Right to tender evidence on report.

Section 105

Oral reports.

Section 106

Power of court on receipt of report.

Section 107

Regulations regarding reports.

Section 108

Maximum fines.

Section 109

Determination of amount of fine and costs.

Section 110

Default in payment of fine, costs or compensation.

Orders in relation to parents or guardian

Section 111

Parental supervision order.

Section 112

Non-compliance with parental supervision order.

Section 113

Compensation by parent or guardian.

Section 114

Binding over of parent or guardian.

Community Sanctions

Section 115

Community sanction.

Section 116

Imposition of community sanction.

Section 117

Conditions to which community sanction may be made subject.

Section 118

Day centres.

Section 119

Power to vary day centre order.

Section 120

Power to revoke day centre order.

Section 121

Provisions where more than one day centre order.

Section 122

Non-compliance with day centre order.

Section 123

Duties of child under day centre order.

Section 124

Probation (training or activities programme) order.

Section 125

Probation (intensive supervision) order.

Section 126

Probation (residential supervision) order.

Section 127

Power to vary probation (residential supervision) order.

Section 128

Failure to observe conditions of probation.

Section 129

Suitable person (care and supervision) order.

Section 130

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

Section 131

Mentor (family support) order.

Section 132

Non-compliance with mentor (family support) order.

Section 133

Restriction on movement order.

Section 134

Variation of restriction on movement order.

Section 135

Provisions regarding more than one restriction on movement order.

Section 136

Non-compliance with restriction on movement order.

Section 137

Dual order.

Section 138

Expiry of community sanction.

Section 139

Commission of offence while community sanction in force.

Section 140

Effect of subsequent period of detention.

Section 141

Regulations.

Detention

Section 142

Detention orders.

Section 143

Restriction on detention orders.

Section 144

Deferment of detention order.

Section 145

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

Section 146

Finding of guilt during deferment.

Section 147

Detention in accordance with age of child.

Section 148

Document to be produced to Director of children detention school.

Section 149

Period of detention in children detention school.

Section 150

Places of detention.

Section 151

Detention and supervision.

Section 152

Transfer.

Section 153

Rules governing places of detention.

Section 154

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

Section 155

Punishment of certain indictable offences.

Section 156

Restriction on punishment of children.

PART 10

Children Detention Schools General

Section 157

Interpretation (Part 10).

Section 158

Principal object of children detention schools.

Section 159

Certified schools under Act of 1908.

Section 160

Designation of children detention schools.

Section 161

Provision of other places for detention of children.

Section 162

Funding of such places.

Section 163

Closure of schools.

Boards of Management

Section 164

Boards of management.

Section 165

Functions of boards of management.

Section 166

Additional functions.

Section 167

Membership, etc., of boards of management.

Section 168

Removal and resignation of members.

Section 169

Casual vacancies.

Section 170

Temporary substitutes.

Section 171

Remuneration of members.

Section 172

Funding of Board.

Section 173

Accounts and audits.

Section 174

Annual report and information.

Section 175

Meetings and procedure.

Section 176

Directions by Minister.

Section 177

Membership of either House of Oireachtas or of European Parliament.

Section 178

Non-disclosure of information.

Section 179

Rules by boards of management.

Director and staff of schools

Section 180

The Director.

Section 181

Staff of children detention schools.

Section 182

Transfer of staff.

Section 183

Terms and conditions of transferred staff.

Section 184

Superannuation of staff.

Section 185

Inspector of children detention schools.

Section 186

Functions of Inspector.

Section 187

Powers of Inspector.

Section 188

Reports of inspections and investigations.

Section 189

Annual report of Inspector.

Section 190

Visiting panel.

Section 191

Duties and powers of visiting panels.

Section 192

Visits by judges.

Operation of schools

Section 193

Obligation of Director to accept children.

Section 194

Reception of children in schools.

Section 195

Maximum number of detained children.

Section 196

Sex and age of detained children.

Section 197

Treatment of children.

Section 198

Transfer between schools and places provided under section 161.

Section 199

Provision as to religious observance.

Section 200

Provision of medical treatment.

Section 201

Discipline.

Section 202

Permitted absence.

Section 203

Other permitted absences.

Section 204

Mobility trips.

Section 205

Temporary leave.

Section 206

Conditions of grant of temporary leave.

Section 207

Supervision in community.

Section 208

Voluntary aftercare.

Section 209

Unconditional release.

Section 210

Early discharge.

Section 211

Order for production of child.

Section 212

Responsible persons.

Section 213

Duty to notify changes of address to school.

Section 214

Lawful custody of detained children.

Offences

Section 215

Escape.

Section 216

Helping child to escape.

Section 217

Harbouring escaped child.

Section 218

Unlawful entry or communication.

Section 219

Bringing alcohol, etc., into schools.

Other matters

Section 220

Delegation of certain functions by Minister.

Section 221

Regulations.

Section 222

Pending proceedings.

Section 223

Saving for certain acts.

Section 224

Transitional provisions.

PART 11

Special Residential Services Board

Section 225

Interpretation (Part 11).

Section 226

Special Residential Services Board.

Section 227

Functions of Board.

Section 228

Assignment of other functions.

Section 229

Policy directions.

Section 230

Membership, etc., of Board.

Section 231

Removal and resignation of members.

Section 232

Temporary substitutes.

Section 233

Casual vacancies.

Section 234

Remuneration of members.

Section 235

Application to Board of sections 175, 177 and 178.

Section 236

Seal.

Section 237

Chief Executive of Board.

Section 238

Staff of Board.

Section 239

Superannuation of staff.

Section 240

Funding of Board.

Section 241

Accounts and audits of Board.

Section 242

Annual report and information.

Section 243

Delegation of functions.

Section 244

Regulations.

PART 12

Protection of Children

Section 245

Interpretation (Part 12).

Section 246

Cruelty to children.

Section 247

Begging.

Section 248

Allowing child to be in brothel.

Section 249

Causing or encouraging sexual offence upon child.

Section 250

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

Section 251

Power to proceed in absence of child.

Section 252

Anonymity of child in court proceedings.

Section 253

Mode of charging offences.

Section 254

Powers of arrest without warrant, etc.

Section 255

Power to take deposition of child.

Section 256

Presumption and determination of age of child victim.

Section 257

Clearing of court in certain cases.

PART 13

Miscellaneous

Section 258

Non-disclosure of certain findings of guilt.

Section 259

Duties of probation officers.

Section 260

Interference with supervisor.

Section 261

Powers of Garda Síochána.

Section 262

Delegation by principal probation and welfare officer.

Section 263

Temporary accommodation of children.

Section 264

Research.

Section 265

Right of appeal.

Section 266

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

Section 267

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

Section 268

Children in care of health board.

Section 269

Presumption and determination of age.

Section 270

Safety of children at entertainments.

Section 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 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:

PART 1

Preliminary Short title and collective citation.

1.—(1) This Act may be cited as the Children Act, 2001.

Commencement.

2.—(1) This Act shall, subject to subsection (2), come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Section 77

shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint. (c)

Section 88

, in so far as it relates to junior remand centres, shall come into operation on such day as the Minister for Education and Science may by order appoint. (d) Part 10 shall come into operation on such day or days as, by order or orders made by the Minister for Education and Science, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions. (e) Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

Interpretation (general).

3.—(1) In this Act, unless the context otherwise requires— “Act of 1907” means the Probation of Offenders Act, 1907 ; “Act of 1951” means the Criminal Justice Act, 1951 ; “Act of 1967” means the Criminal Procedure Act, 1967 ; “Act of 1984” means the Criminal Justice Act, 1984 ; “Act of 1991” means the Child Care Act, 1991 ; “action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80

“Minister”, when used without qualification, means, except in Parts 3, 10 and 11, the Minister for Justice, Equality and Law Reform; “parents”, in relation to a child, means— (a) in case one parent has the sole custody, charge or care of the child, that parent, (b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and (c) in any other case, both parents; “prescribed” means prescribed by regulations made by the Minister, the Minister for Education and Science or the Minister for Health and Children, as appropriate; “principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service; “probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer; “probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform; “relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child; “remand centre” means a centre designated as such under section 88 ; “Saint Patrick's Institution” has the same meaning as in the Criminal Justice Act, 1960 ; “school” means a children detention school; “summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986 ; “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death; “victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property.

Laying of regulations before Houses of Oireachtas.

4.—Every regulation made by the Minister, the Minister for Education and Science or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Repeals.

5.—(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act.

Expenses.

6.—Any expenses incurred by the Minister, the Minister for Education and Science or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Family Welfare Conferences Convening of family welfare conference.

7.—(1) Where— (a) a health board receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or (b) it appears to a health board that a child who resides or is found in its area may require special care or protection which the child is unlikely to receive unless a court makes an order in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991, the health board shall appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

Functions of conference.

8.—(1) A family welfare conference shall— (a) decide if a child in respect of whom the conference is being convened is in need of special care or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991, (b) if it decides that the child is in such need, recommend to the health board concerned that it should apply for an order under that Part, and (c) if it does not so decide, make such recommendations to the health board concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the health board should apply for a care order or a supervision order under the Act of 1991 in respect of the child.

Persons entitled to attend conference.

9.—(1) The following persons shall be entitled to attend a family welfare conference— (a) the child in respect of whom the conference is being convened, (b) the parents or guardian of the child, (c) any guardian ad litem appointed for the child, (d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child's parents or guardian, (e) an officer or officers of the health board concerned, (f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person's knowledge of the child or the child's family or because of his or her particular expertise.

Procedure at conference.

10.—(1) Subject to the provisions of this Part or any regulations under section 15 , a family welfare conference may regulate its procedure in such manner as it thinks fit.

Administrative services.

11.—A health board shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

Notification of recommendations of conference.

12.—The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference: (a) the child in respect of whom the conference was convened, (b) the parents or guardian of the child, (c) any guardian ad litem appointed for the child, (d) any other persons who attended the conference, (e) the health board concerned, (f) if the child was referred to the health board by another body, that body, and (g) any other body or persons who should, in the coordinator's opinion, be so notified.

Action by health board on recommendations.

13.—(1) On receipt of the recommendations of a family welfare conference, the health board concerned may— (a) apply for an order under Part IVA (inserted by this Act) of the Act of 1991, (b) apply for a care order or a supervision order under that Act, or (c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

Privilege.

14.—(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(3)

Section 51

shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

Regulations.

15.—The Minister for Health and Children may make regulations prescribing any or all of the following matters: (a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator, (b) subject to section 9 , the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and (c) the arrangements for notifying any other body or person of any recommendations of such a conference, or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

PART 3

Amendment of Act of 1991 Amendment (new Parts IV A and IVB) of Act of 1991.

16.—The Act of 1991 is hereby amended by the insertion of the following Parts after section 23: “PART IVA Children in need of Special Care or Protection Duty of health board where child requires special care or protection.

23A.—(1) Where it appears to a health board with respect to a child who resides or is found in its area that the child requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either— (a) an order under section 23B (in this Part referred to as a ‘special care order’), or (b) an order under section 23C (in this Part referred to as an ‘interim special care order’), it shall, subject to subsection (2), be the duty of the health board to apply for whichever of such orders is appropriate in the particular circumstances.

Special care order.

23B.—(1) A court may, on the application of a health board with respect to a child who is in its care or who resides or is found within its area and having taken into account the views of the Special Residential Services Board referred to in section 23A(2)(b), make a special care order in respect of the child if it is satisfied that— (a) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and (b) the child requires special care or protection which he or she is unlikely to receive unless the court makes such an order.

Interim special care order.

23C.—(1) Where a judge of the Children Court is satisfied on the application of a health board— (a) that the health board is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child, and (b) that there is reasonable cause to believe that— (i) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and (ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K, the judge may make an interim special care order in respect of the child.

Duty of Garda Síochána where child needs special care or protection.

23D.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that— (a) the behaviour of a child is such that it poses a real and substantial risk to the child's health, safety, development or welfare, (b) the child is not receiving adequate care or protection, and (c) it would not be sufficient for the protection of the child from such risk to await the making of an application for an interim special care order by a health board under section 23C, the member shall endeavour to deliver or arrange for the child to be delivered to the custody of the health board for the area in which the child normally resides and shall inform the board of the circumstances in which the child came to the notice of the Garda Síochána.

Notification by health board.

23E.—(1) Where a child is placed in a special care unit pursuant to an interim special care order, the health board concerned shall as soon as possible inform or cause to be informed a parent having custody of the child or a person acting in loco parentis of the placement unless the parent or person is missing and cannot be found.

Variation or discharge of special care orders.

23F.—(1) Without prejudice to section 23B(5), the court may, of its own motion or on the application of any person, vary or discharge a special care order.

Appeals.

23G.—Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV.

Powers of court in case of invalidity of order.

23H.—Section 23 shall apply to a special care order as it applies to a care order, with the modification that the court may, as an alternative to making a special care order, make a care order in respect of the child.

Application of Part V.

23I.—Part V shall apply to proceedings relating to an application for an interim special care order or a special care order, with any necessary modifications.

Application of Part VI.

23J.—Section 37, 42, 45 and 47 shall apply to a child who is committed to the care of a health board pursuant to an interim special care order or a special care order.

Provision of special care units by health boards.

23K.—(1) A health board may, with the approval of the Minister, for the purposes of section 23B and 23C— (a) provide and maintain a special care unit, or (b) make arrangements with a voluntary body or any other person for the provision and operation of such a unit by that body or person on behalf of the board.

Recovery of absconding child.

23L.—Section 46 shall apply to the recovery of a child who absconds from a special care unit.

Amendment of section 4.

23M.—References in section 4 to Parts III, IV and VI shall be construed as including references to this Part.

Restriction.

23N.—A child on being found guilty of an offence may not be ordered to be placed or detained in a special care unit.

PART IVB Private Foster Care Definitions.

23O.—In this Part— ‘authorised officer’ means a person appointed by a health board under section 23S; ‘health board’ means the health board for the area in which a child resides before being placed under a private foster care arrangement and also, if the child, on or after being so placed, goes to reside in the area of another health board, that other health board; ‘private foster care arrangement’ means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child— (a) is residing at a boarding school and receiving full-time education, (b) is in an institution managed by or on behalf of a Minister of the Government or a health board, (c) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness, (d) is in an institution for the care and maintenance of children with a disability, (e) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966, (f) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001, (g) is placed for adoption under the Adoption Acts, 1952 to 1998, (h) is in the care of a health board, (i) is on holidays for a continuous period not exceeding 42 days, (j) is placed with a person or body for primarily educational purposes, or (k) is placed with a friend of the child's parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays; ‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person.

Notice of private foster care arrangement.

23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the health board in the manner specified in section 23Q not less than thirty days before the placement.

Information to be submitted to relevant health board.

23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the health board in writing— (a) the person's name and address, (b) the name, sex, date and place of birth and address of the child concerned, (c) the name and address of the parent or guardian of the child, (d) if the child's residence is changed, the child's new address, (e) if the private foster care arrangement terminates, the reasons for its termination, and any other information that the health board may consider necessary in relation to any persons involved in the arrangement.

Duty in respect of children in private foster care.

23R.—Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child's welfare as the first and paramount consideration.

Authorised officers.

23S.—(1) A health board shall appoint such and so many of its officers as it thinks fit to be authorised officers for the purposes of this Part.

Inspection by authorised persons.

23T.—(1) Where the relevant health board has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing.

Institution of proceedings by health board.

23U.—If a health board believes— (a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or (b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned, it may apply to the District Court for one of the following orders: (i) that a supervision order under section 19 be made in respect of the child, (ii) that the child be taken into the care of the health board under section 13, 17 or 18, or (iii) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly.

Restrictions on private foster care arrangements in certain cases.

23V.—(1) A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under the Adoption Acts, 1952 to 1998.

Offences.

23W.—(1) Any person— (a) who while arranging or undertaking a private foster care arrangement does not notify the relevant health board under section 23P, (b) who contravenes subsection (2) or (3) of section 23R, (c) who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section, (d) who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the relevant health board, (e) who contravenes section 23V(1), or (f) who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3), is guilty of an offence and liable on summary conviction to a fine not exceeding £1,500.

Saver.

23X.—This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on a health board or a member of the Garda Síochána.”.

PART 4

Diversion Programme Introductory Interpretation (Part 4).

17.—(1) In this Part— “caution” means either a formal caution or an informal caution, as appropriate; “conference” has the meaning assigned to it by section 29 ; “Director” means the member of the Garda Síochána assigned by the Commissioner pursuant to section 20 ; “facilitator” has the meaning assigned to it by section 31

Principle.

18.—Unless the interests of society otherwise require and subject to this Part, any child who has committed an offence and accepts responsibility for his or her criminal behaviour shall be considered for admission to a diversion programme (in this Part referred to as the Programme) having the objective set out in section 19 .

Objective of Programme.

19.—(1) The objective of the Programme is to divert from committing further offences any child who accepts responsibility for his or her criminal behaviour.

Diversion Programme.

20.—(1) The Programme shall be carried on and managed, under the general superintendence and control of the Commissioner of the Garda Síochána, by a member of the Garda Síochána not below the rank of superintendent who shall be assigned for that purpose by the Commissioner and is referred to in this Part as the Director.

Temporary incapacity of Director.

21.—(1) Whenever it appears to the Commissioner that the Director is, through absence, ill-health or other sufficient cause, temporarily unable to act, the Commissioner may appoint a member of the Garda Síochána not below the rank of inspector to act as the Director for such period (not exceeding the duration of the incapacity) as the Commissioner thinks proper, and references to the Director in this Part shall include the member so acting.

Admission to Programme Report on child to Director.

22.—Where criminal behaviour by a child comes to the notice of the Garda Síochána, the member of the Garda Síochána dealing with the child for that behaviour may prepare a report in the prescribed form as soon as practicable and submit it to the Director with a statement of any action that has been taken in relation to the child and a recommendation as to any further action, including admission to the Programme, that should, in the member's opinion, be taken in the matter.

Admission to Programme.

23.—(1) A child may be admitted to the Programme if he or she— (a) accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, (b) consents to be cautioned and, where appropriate, to be supervised by a juvenile liaison officer, and (c) is of or over the age of criminal responsibility and under 18 years of age, but paragraph (b) shall not apply where the Director is satisfied that the failure to agree to being cautioned or supervised is attributable to undue pressure being brought to bear on the child by any person and, in that event, the child shall be deemed to have consented for the purposes of that paragraph.

Decision to admit to Programme.

24.—(1) It shall be a function of the Director to decide whether to admit a child to the Programme and the category of caution to be administered to any child so admitted.

Administration of cautions Cautions.

25.—(1) A caution shall be administered to every child admitted to the Programme.

Presence of victim at formal caution.

26.—(1) The Director may invite any victim whose views in relation to the child's criminal behaviour have been considered pursuant to section 23

Supervision of children admitted to Programme Supervision.

27.—(1) (a) Subject to paragraph (d), where a child has received a formal caution he or she shall be placed by the Director under the supervision of a juvenile liaison officer for a period of 12 months from the date of the administration of the caution. (b) Subject to paragraph (c), where a child has received an informal caution he or she shall not be placed under the supervision of a juvenile liaison officer. (c) Subject to paragraph (d), in exceptional circumstances, a child who has received an informal caution may be placed by the Director under the supervision of a juvenile liaison officer for a period of 6 months from the date of the administration of the caution. (d) The periods referred to in paragraphs (a) and (c) may be varied by the Director in a manner consistent with any regulations under section 47 or pursuant to any recommendation arising from a conference.

Level of supervision.

28.—(1) The level of supervision to be applied in the case of any child shall, subject to section 42

Holding of conference in respect of child “Conference”.

29.—In this Part “conference”, in relation to a child, means a meeting held pursuant to this Part of persons concerned with the child's welfare, and such a conference shall have the following functions: (a) to bring together the child in respect of whom the conference is being held, his or her parents or guardian, such other family members, relatives and other persons as appropriate and the facilitator with a view to— (i) establishing why the child became involved in the behaviour that gave rise to his or her admission to the Programme, (ii) discussing how the parents or guardian, family members, relatives or any other person could help to prevent the child from becoming involved in further such behaviour, and (iii) where appropriate, reviewing the child's behaviour since his or her admission to the Programme; (b) as appropriate and in accordance with this Part, to mediate between the child and the victim; (c) to formulate an action plan for the child; and (d) to uphold the concerns of the victim and have due regard to his or her interests.

Recommendation that conference be held.

30.—(1) Where a child is placed under the supervision of a juvenile liaison officer, that officer may, if he or she so thinks proper, recommend in a written report to the Director that a conference be held in respect of the child.

Decision on holding conference.

31.—(1) The Director, on receipt of a report pursuant to section 30 from a juvenile liaison officer, shall, having regard to subsection (2) and (3), decide whether or not a conference should be held.

Persons entitled to attend conference.

32.—(1) The following persons shall be entitled to attend a conference: (a) the child in respect of whom the conference is being held, (b) the parents or guardian of the child and members of the child's family or relatives of the child, if the facilitator is of opinion that they or any one of them would make a positive contribution to it.

Location of conference.

33.—The decision on where to hold a conference shall be made by the facilitator after hearing the views in that regard of the persons who are to attend it.

Time limit for holding conference.

34.—(1) A conference shall be held within the period during which the child concerned is under the supervision of a juvenile liaison officer.

Notification to participants.

35.—(1) The facilitator shall take all reasonable steps to ensure that notice of the time, date and place of the conference is given to every person who is entitled or has been invited to attend and has indicated a willingness to attend or an interest in attending.

Views of those unable or unwilling to attend conference.

36.—The facilitator shall take all reasonable steps to ascertain the views, if any, of any person who has been invited to attend the conference concerned but has notified the facilitator that he or she is, for any reason, unable or unwilling to do so and shall ensure that any views so ascertained are made known at the conference.

Procedure at conference.

37.—(1) Subject to the provisions of this Part and any regulations under section 47 , a conference may regulate its procedure in such manner as it thinks fit.

Period or level of supervision.

38.—A conference shall consider whether the period or level of supervision of the child in respect of whom the conference is being held should be varied in the light of the following matters: (a) the circumstances of the child as respects education, training or employment, (b) the child's leisure time activities, (c) the child's relationship with his or her family and the local community, (d) the child's attitude to his or her being supervised, (e) the child's progress under the supervision, (f) the child's attitude to his or her criminal behaviour and, in particular, to the victim of that behaviour, whether or not the victim is present at the conference, and (g) any other matters that may be relevant in the particular case.

Action plan.

39.—(1) The parents or guardian of a child, when present at a conference in respect of the child (or in their absence a member of the child's family or a relative of the child), and the child may, with the assistance of the other persons present at the conference, formulate an action plan for the child.

Disagreement on action plan.

40.—Failure to agree on the terms of an action plan shall not invalidate the proceedings of a conference.

Report to Director.

41.—As soon as practicable after a conference has been held the facilitator shall report to the Director on the following matters: (a) the terms of any action plan, (b) the matters discussed at the conference. (c) the views of those present, and (d) any views ascertained pursuant to section 36 , and shall recommend, having had regard to the views referred to in paragraphs (c) and (d), whether in his or her opinion the period and level of supervision of the child concerned should be varied and, if so, to what extent.

Decision by Director on period or level of supervision.

42.—(1) On receipt of a report submitted pursuant to section 41 , the Director shall, where appropriate, decide whether the child's period or level of supervision should be varied and, if so, to what extent.

Administrative services.

43.—The Director shall provide such administrative services as may be necessary to enable a conference to discharge its functions.

Committee to monitor effectiveness of Programme Review of effectiveness of Programme.

44.—(1) The Minister shall appoint a committee to monitor the effectiveness of the Programme, review all aspects of its operation and monitor the ongoing training needs of facilitators.

Vacancies in committee.

45.—(1) Whenever a vacancy occurs in the membership of the committee appointed under section 44 for any reason, the Commissioner shall notify the Minister of the vacancy and the Minister shall, as soon as may be, appoint a person to fill the vacancy.

Other matters relating to the Programme Supplemental provisions.

46.—(1) The Commissioner shall ensure that all members of the Garda Síochána who act as facilitators receive whatever training the Commissioner considers sufficient and appropriate for the proper and efficient discharge of their duties while they are acting in that capacity.

Regulations (Part 4).

47.—The Minister may make regulations prescribing— (a) the procedures to be followed when the Director is deciding— (i) whether or not a child should be admitted to the Programme, (ii) whether an informal or a formal caution should be administered to a child, (iii) whether the victim should be invited to the administration of a formal caution, (iv) whether to convene a conference in respect of any child who has been placed under supervision; (b) the level of supervision appropriate in any case or class of case; (c) any criminal behaviour of a serious nature in respect of which admission to the Programme shall be excluded; or (d) any other matter or thing which is referred to in this Part as prescribed; or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

Inadmissible evidence.

48.—In civil or criminal proceedings against a child, evidence shall not be admissible of— (a) any acceptance by the child of responsibility for criminal behaviour in respect of which the child has been admitted to the Programme, (b) that behaviour, or (c) the child's involvement in the Programme for that behaviour.

Bar to proceedings.

49.—A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme.

Privilege.

50.—No evidence shall be admissible in any court of any information, statement or admission disclosed or made only in the course of a conference or of the contents of any report of a conference.

Protection of identity of children 51.—(1) Subject to subsection (2), no report shall be published or included in a broadcast— (a) in relation to the admission of a child to the Programme or the proceedings at any conference relating to the child, including the contents of any action plan for the child and of the report of the conference, or (b) which reveals the name, address or school of the child or any other information, including any picture, which is likely to lead to identification of the child.

PART 5

Criminal Responsibility Age of criminal responsibility.

52.—(1) It shall be conclusively presumed that no child under the age of 12 years is capable of committing an offence.

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

53.—(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under the age of 12 years is responsible for an act or omission which, but for section 52 , would constitute an offence, the member shall endeavour to take the child, or arrange for the child to be taken by another member of the Garda Síochána, to the child's parent or guardian.

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

54.—Where a child under the age of 14 years is responsible for an act or omission which, but for section 52 , would constitute an offence, any person who aids, abets, counsels or procures the child in or in relation to that act or omission shall be guilty of that offence and be liable to be indicted, tried and punished as a principal offender.

PART 6

Treatment of Child Suspects in Garda Síochána Stations Treatment of child suspects.

55.—In any investigation relating to the commission or possible commission of an offence by children, members of the Garda Síochána shall act with due respect for the personal rights of the children and their dignity as human persons, for their vulnerability owing to their age and level of maturity and for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.

Separation of children from adults in Garda Síochána station.

56.—The member in charge of a Garda Síochána station shall, as far as practicable, ensure that any child while detained in the station shall not associate with an adult who is so detained and shall not be kept in a cell unless there is no other secure accommodation available.

Notification to child.

57.—Where a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall without delay inform the child or cause the child to be informed, in a manner and in language that is appropriate to the age and level of understanding of the child— (a) of the offence in respect of which he or she has been arrested, (b) that he or she is entitled to consult a solicitor and how this entitlement can be availed of, and (c) that the child's parent or guardian is being— (i) informed that the child is in custody in the station, (ii) given the information specified in paragraphs (a) and (b), and (iii) requested to attend at the station without delay.

Notification of arrest of child to parent or guardian.

58.—(1) When a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable— (a) inform or cause to be informed a parent or guardian of the child— (i) that the child is in custody in the station, (ii) in ordinary language and in the Irish language when dealing with a child from the Gaeltacht or a child whose first language is Irish, of the nature of the offence in respect of which the child has been arrested, and (iii) that the child is entitled to consult a solicitor and as to how this entitlement can be availed of; and (b) request the parent or guardian to attend at the station without delay.

Notification to health board.

59.—(1) Where the member in charge of a Garda Síochána station has reasonable cause to believe that a child who is in custody in the station on suspicion of having committed an offence may be in need of care or protection, the member shall, as soon as practicable, inform or cause to be informed the health board for the area in which the station is located accordingly, and the health board shall send a representative to the station as soon as practicable.

Notification to solicitor.

60.—(1) Where a child who is in custody in a Garda Síochána station has asked for a solicitor, the member in charge of the station shall notify the solicitor or cause him or her to be notified accordingly as soon as practicable.

Interviewing children.

61.—(1) Subject to subsections (2) to (4), a child who has been detained in a Garda Síochána station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of— (a) a parent or guardian, or (b) in his or her absence, another adult (not being a member of the Garda Síochána) nominated by the member in charge of the station.

Notification of proceedings to parent or guardian.

62.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child's parent or guardian is present at the station, the member in charge of the station shall ensure that— (a) a copy of the charge sheet containing particulars of the offence is handed to the parent or guardian, and (b) as soon as practicable, a notification in writing is sent to the child's parents or guardian of— (i) the time, date and place of the child's first appearance before the court, and (ii) the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings.

Notification of proceedings to adult relative or other adult.

63.—(1) Where a child who is in custody in a Garda Síochána station is charged with an offence and the child's parent or guardian is not present at the station, the member in charge shall ensure that a copy of the charge sheet containing particulars of the offence is handed to an adult relative of the child who is so present.

Procedure by summons.

64.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons, the child's parents or guardian may be named in the summons and, if named, shall be required to appear at the sitting of the court specified in the summons.

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

65.—(1) Where proceedings in respect of an offence alleged to have been committed by a child are to be commenced by the issue of a summons and the whereabouts of his or her parents or guardian are unknown, a notice under this section may be issued to an adult relative of the child or other adult reasonably named by the child, whether or not the adult relative or other adult attended at the Garda Síochána station pursuant to section 58

Provisions common to sections 56 to 63 and 65.

66.—(1) In this section “the relevant sections” means sections 56 to 63 and 65.

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

67.—Section 5 (which provides for access to a solicitor and notification of detention) of the Act of 1984 is hereby amended by the deletion of subsection (2) of that section and the substitution of “eighteen years” for “seventeen years” where the latter expression occurs in subsections (1) and (3) thereof.

Release on bail by member of Garda Síochána.

68.—(1) When a child is arrested and brought to a Garda Síochána station by a member of the Garda Síochána, the member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of the child is in force, release the child on bail and for that purpose take, or arrange to have taken, from the child a recognisance, with or without sureties, for his or her due appearance— (a) before the Children Court at its next sitting in the district court area in which the child has been arrested or at any subsequent sitting thereof in that district court area during the period of 30 days immediately following such next sitting, or (b) in the case of the Children Court in the Dublin Metropolitan District, before the next sitting of that Court or any subsequent sitting thereof during the period of 30 days immediately following such next sitting.

Application of certain provisions to married child.

69.—In the application of this Part in relation to a child who is married— (a) the references in sections 57, 58, 60(3), 61(7), 62 (except subsections (1)(b)(ii) and (2)(b)(ii)), 63, 65, 68(2) and 70(1)(b) to a parent or guardian of the child shall be construed as references to his or her spouse, (b) the references in sections 58(2)(a), 60(3), 61(7), 63, 65 and 70(1)(b) to an adult relative of the child shall be construed as including references to his or her parent or guardian, and (c) section 64 shall not have effect.

Regulations (Part 6).

70.—(1) Further provision may be made by regulations in relation to— (a) the treatment of children while in custody in Garda Síochána stations, (b) the role of a parent, guardian or adult relative of a child or another adult (including any representative of a health board) who is present in a Garda Síochána station pursuant to this Part while the child is in custody, and (c) such other matters (if any) as may be necessary or expedient for the purpose of enabling this Part to have full effect and for its due administration.

PART 7

Children Court Children Court.

71.—(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV, IVA (inserted by this Act) or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and Part 8. (b) When exercising any such jurisdiction the Court shall sit in a different building or room from that in which sittings of any other court are held or on different days or at different times from those on or at which sittings of any such other court are held.

Requirement for transacting business in Children Court.

72.—(1) Subject to subsection (2), a judge of the District Court shall, before transacting business in the Children Court, participate in any relevant course of training or education which may be required by the President of the District Court.

Arrangements for hearing of proceedings in Children Court.

73.—(1) As far as practicable, the hearing of proceedings in the Court shall be arranged so that the time that the persons involved have to wait for the proceedings to be heard is kept to a minimum.

Children charged with summary offences jointly with adults.

74.—(1) Where— (a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults, (b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence, (c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or (d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time, the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.

Jurisdiction to deal summarily with indictable offences.

75.—(1) Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily.

Children charged with indictable offences jointly with adults.

76.—Where— (a) a child is charged with an indictable offence and the charge is made jointly against the child and one or more adults, (b) a child is charged with an indictable offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence, (c) a child is charged with aiding, abetting, counselling or procuring the commission of an indictable offence with which one or more adults are charged at the same time, or (d) a child is charged with an indictable offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time, the Children Court shall deal with the child in accordance with section 75 and the adult or adults in accordance with the enactments governing proceedings in the District Court against a person charged with an indictable offence.

PART 8

Proceedings in Court Referral of case to health board.

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person— (a) adjourn the proceedings and direct the health board for the area in which the child is for the time being residing to convene a family welfare conference in respect of the child, and (b) pending the outcome of the conference, make an emergency care order or a supervision order under the Act of 1991 in respect of the child.

Family conference.

78.—(1) Where, in any proceedings in which a child is charged with an offence— (a) the child accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, (b) it appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and (c) the child and child's parent or guardian, or members of the child's family or relatives of the 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 may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held.

Convening of family conference.