CHILDREN ACT, 2001

• (9) The chairperson shall, after consulting the other persons present, appoint a date, being a date after the period covered by the action plan has expired, for reconvening the conference to review compliance with the action plan.

• (10) The reconvened conference shall be held not more than 6 months from the date on which the action plan was signed and may be held outside the period of the child’s supervision by a juvenile liaison officer.

• (11) The chairperson may reconvene the conference at an earlier date than that appointed under subsection (9) if it comes to his or her notice that the child is not complying with any of the terms of the action plan.

• (12) The persons present at any conference reconvened pursuant to subsection (11) shall ascertain why the child is not complying with the action plan and shall encourage the child to comply with the plan or any amended version of it that they may agree upon.

• (13) The provisions of subsections (4) to (7) shall apply to any action plan amended in accordance with subsection (12).

• (14) Subject to subsection (10), a conference may be reconvened on any number of occasions to discuss any aspect of an action plan.

• (15) Nothing in this section shall prevent any person or persons who implemented, and monitored compliance with, the action plan from continuing, with the agreement of the child, to implement and monitor compliance with the plan after the period covered by it has expired and it has been reviewed at a reconvened conference.

40. Disagreement on action plan.

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

41. 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.

42. 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.

• (2) Where the Director makes a decision pursuant to subsection (1), he or she shall inform the juvenile liaison officer supervising the child accordingly and that officer shall so inform the child and the child’s parent or guardian as soon as practicable.

43. 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

44. Review of effectiveness of Programme.

44.—F62[…]

45. Vacancies in committee.

45.F63[…]

Other matters relating to the Programme

46. 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.

• (2) Any powers conferred by this Part or any regulations under it on or in relation to any member of the Garda Síochána are without prejudice to any other powers which the member may have in relation to the commission or suspected commission of an offence.

• (3) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or the admissibility in evidence of any statement made by such a child.

• (4) A failure on the part of any member of the Garda Síochána to observe any provision of this Part or of regulations under it shall render the member liable to disciplinary proceedings.

47. 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.

48. F64[Inadmissibility of certain evidence.

48.— (1) Subject to subsection (2), no evidence shall be admissible in any court in respect of—

• (a) any acceptance by a child of responsibility for criminal or anti-social 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.

• (2) Where a court is considering the sentence (if any) to be imposed in respect of an offence committed by a child after the child’s admission to the Programme, the prosecution may inform it of any of the matters referred to in subsection (1).

• (3) Subsection (2) applies, with the necessary modifications, in relation to a child who has attained the age of 18 years.]

49. F65[Bar to proceedings.

49.—(1) 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.

• (2) A child who has been admitted to the Programme in respect of anti-social behaviour shall not be the subject of an application for an order under section 257D in relation to any such behaviour which occurred prior to such admission.]

50. 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.

51. 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.

• (2) Subsection (1) does not apply to the publication or broadcast of—

• (a) statistical information relating to the Programme, and

• (b) the results of any bona fide research relating to it.

• (3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

• (a) in the case of publication of the matter in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

• (b) in the case of any other such publication, the person who publishes it, and

• (c) in the case of any such broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years or both.

• (4)
• (a) Where an offence under subsection (3)—

• (i) has been committed by a body corporate, and

• (ii) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity,

he or she as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

• (b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

• (5) Where a person is charged with an offence under subsection (3), it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of a matter referred to in subsection (1).

• (6) In this section—

“broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“publish” means publish to the public or a section of the public, and cognate words shall be construed accordingly.

PART 5 F66[Restriction on Criminal Proceedings Against Certain Children]

52. F67[Restriction on criminal proceedings against children.

52.—(1) Subject to subsection (2), a child under 12 years of age shall not be charged with an offence.

• (2) Subsection (1) does not apply to a child aged 10 or 11 years who is charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault.

• (3) The rebuttable presumption under any rule of law, namely, that a child who is not less than 7 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong, is abolished.

• (4) Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.]

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

53.—F68[(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under 12 years of age has committed an offence (except murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault), the member shall endeavour to take the child to the child’s parent or guardian or arrange for another such member to do so.]

• (2) Where the child is taken to his or her parent or guardian and the member of the Garda Síochána so taking the child has reasonable grounds for believing that the child is not receiving adequate care or protection, the member shall inform F69[the F70[Child and Family Agency]] of the name, address and age of the child and the circumstances in which he or she came to the notice of the Garda Síochána.

• (3) Where it is not practicable for the child to be taken to his or her parent or guardian, the member of the Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of F69[the F70[Child and Family Agency]].

• (4) Where the child comes to the notice of F69[the F70[Child and Family Agency]] in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to F69[the F70[Child and Family Agency]] that the child requires care or protection which he or she is unlikely to receive unless a court makes a care order or a supervision order in respect of the child, it shall be the duty of F69[the F70[Child and Family Agency]] to apply for a care order or a supervision order, as it thinks fit, in accordance with Part IV of the Act of 1991.

• (5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

• (a) that there is an immediate and serious risk to the health or welfare of the child, and

• (b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by F69[the F70[Child and Family Agency]] under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

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

54.—F71[…]

PART 6 Treatment of Child Suspects in Garda Síochána Stations

55. 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.

56. 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.

57. 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.

58. 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.

• (2)
• (a) If the member in charge of the station—

• (i) is unable to communicate with a parent or guardian of the child, or

• (ii) the parent or guardian indicates that he or she cannot or will not attend at the station within a reasonable time,

the member shall inform the child or cause the child to be informed without delay of that fact and of the child’s entitlement to have an adult relative or other adult reasonably named by him or her given the information specified in subsection (1)(a) and requested to attend at the station without delay.

• (b) Subsection (1) shall apply in relation to a person named by a child pursuant to paragraph (a) as it applies in relation to a parent or guardian.

• (3) Where the child is being transferred to another station or other place, the member in charge of the station from which the child is being transferred shall inform any person who has been informed under this section that the child is in custody, or cause him or her to be informed, of the transfer as soon as practicable.

59. 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 F72[the F73[Child and Family Agency] accordingly, and it shall] send a representative to the station as soon as practicable.

• (2) Where it is not practicable for the representative of the F72[F73[Child and Family Agency]] to attend at the station within a reasonable time, he or she shall at the first available opportunity attend at the station to ascertain why the member in charge had reasonable cause to believe that the child may be in need of care or protection.

• (3) The F72[F73[Child and Family Agency]] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.

• F74[(4) The Minister, with the agreement of the Minister for Health and Children, may issue guidelines in relation to the practical operation of this section.]

60. 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.

• (2) Where the solicitor cannot be contacted within a reasonable time or is unwilling or unable to attend at the station, the child shall be so informed and given an opportunity to ask for another solicitor, and the member in charge shall notify or cause to be notified that other solicitor accordingly as soon as practicable.

• (3) Subsections (1) and (2) shall also apply in relation to a request for a solicitor for the child by any parent, guardian, adult relative, any adult reasonably named by the child or other adult (not being a member of the Garda Síochána) who is present, in accordance with section 61(1)(b), during the questioning of the child or the taking of a written statement.

• (4) Where the child is being transferred to another station, the member in charge of the station from which the child is being transferred shall notify any solicitor who has been notified under this section or cause him or her to be notified of the transfer as soon as practicable.

• (5) Where a solicitor (other than a named solicitor) has been requested by or on behalf of a child, the member in charge shall give the person making the request or cause him or her to be given the name of one or more than one solicitor whom the member in charge reasonably believes may be willing to attend at the station within a reasonable time.

61. 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.

• (2) Notwithstanding subsection (1), the member in charge of the station may authorise the questioning of the child or the taking of a written statement in the absence of a parent or guardian, where the member has reasonable grounds for believing that to delay the questioning would involve a risk of death or injury to persons, serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices.

• (3) The member in charge of the station may authorise the exclusion of a parent or guardian during the questioning of the child or the taking of a written statement where—

• (a) the parent or guardian is the victim of, or has been arrested in respect of, the offence being investigated,

• (b) the member has reasonable grounds for suspecting the parent or guardian of complicity in the offence, or

• (c) the member has reasonable grounds for believing that the parent or guardian would, if present during the questioning or the taking of a written statement, be likely to obstruct the course of justice.

• (4) The member in charge of the station may authorise the removal of a parent or guardian during the questioning of the child or the taking of a written statement where the member has reasonable grounds for believing that the conduct of the parent or guardian is such as to amount to an obstruction of the course of justice.

• (5) Where the child or his or her parent or guardian asks for a solicitor, he or she shall not be asked to make a statement, either orally or in writing, in relation to an offence until a reasonable time for the attendance of the solicitor has elapsed.

• (6) A child who is from a Gaeltacht area or whose first language is Irish shall be entitled to be questioned or to make a written statement in the Irish language, and any other child shall be entitled to make a written or oral statement in that language.

• (7) In this section references to a parent or guardian include references to an adult relative of the child, an adult reasonably named by the child pursuant to section 58(2)(a) or the adult mentioned in subsection (1)(b).

62. 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.

• (2) Where the child’s parent or guardian is not present at the station and his or her address is known, the member in charge of the station shall ensure that as soon as practicable—

• (a) a copy of the charge sheet containing particulars of the offence is sent to the parents or guardian, and

• (b) a notification in writing is sent to the parents or guardian of—

• (i) the time, date and place of the child’s first appearance before the court,

• (ii) the provisions of section 91 concerning the non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings,

• (iii) whether or not a recognisance was taken from the child,

• (iv) the name of any adult who attended at the station at the request of the child, and

• (v) if the child consulted a solicitor, the solicitor’s name and address.

63. 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.

• (2) The member in charge of the station shall also ensure that as soon as practicable the adult relative is notified of the time, date and place of the child’s first appearance before the court and, if the child has consulted a solicitor, of the solicitor’s name and address.

• (3) Where neither the parent or guardian nor any adult relative of the child is present at the station, the member in charge of the station may send a copy of the charge sheet and a notification of the time, date and place of the child’s first appearance before the court to an adult relative.

• (4) The duties of the member in charge under this section shall apply only where the member is of opinion that the child’s parent or guardian would not be available to attend court with the child and that the adult relative in question is likely to be of assistance to, and provide support for, the child during the court proceedings.

• (5) In this section “adult relative” includes any adult reasonably named by the child pursuant to section 58(2)(a).

64. 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.

• (2) Where the summons names the child’s parents or guardian, it shall also specify the provisions of section 91 concerning non-attendance, without reasonable excuse, of a parent or guardian at the specified sitting of the court.

65. 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(2).

• (2) A notice under this section shall be issued by the member of the Garda Síochána dealing with the child in respect of the offence for which the summons is being issued.

• (3) The notice shall state the time, date and place of the sitting of the court in respect of which the summons was issued and shall contain particulars of the offence which the child is alleged to have committed.

• (4) The notice shall issue only with the agreement of the child and where the member is of opinion that the adult concerned is likely to be of assistance to, and provide support for, the child during the court proceedings.

66. Provisions common to sections 56 to 63 and 65.

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

• (2) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of a detained child or of the admissibility in evidence of any statement made by the child.

• (3) A failure on the part of any member of the Garda Síochána to observe any provision of the relevant sections shall render that member liable to disciplinary proceedings.

• (4) The duties imposed by the relevant sections on members of the Garda Síochána in relation to the treatment of any child who is in custody in a Garda Síochána station are without prejudice to any other duties imposed on them in that respect by or under any other enactment.

• (5) The provisions of the relevant sections shall not apply if and for so long as the member in charge of the Garda Síochána station in which a person is in custody has reasonable grounds for believing that the person is not below the age of 18 years.

67. 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.

68. 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.

• (2) The recognisance referred to in subsection (1) may be taken from the child’s parent or guardian and may be for the due appearance before the Children Court of the parent or guardian as well as of the child concerned.

• (3) The recognisance may be estreated in like manner as a recognisance entered into before a judge of the District Court is estreated.

• F75[(4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.]

• (5) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be transmitted, by the person taking the recognisance or receiving the sum of money, to the district court clerk for the district court area in which the sitting of the Children Court before which the child is to appear is being held.

• (6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the Defence Act, 1954.

• (7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.

69. 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.

70. 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 F76[the F77[Child and Family Agency]]) 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.

• (2) Pending the making of any regulations under subsection (1)(a), the references to seventeen years in Regulations 9 and 13 of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, shall be construed and have effect as if they were references to eighteen years.

PART 7 Children Court

71. 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 F78[Part III, IV, V or VA] of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and F79[Parts 8 and 12A].

• (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.

• (2) So far as practicable sittings of the Court shall be so arranged that persons attending are not brought into contact with persons in attendance at a sitting of any other court.

• (3) Where—

• (a) in the course of any proceedings before the Court it appears to it that the person charged or to whom the proceedings relate is 18 years of age or upwards, or

• (b) in the course of any proceedings before the District Court sitting otherwise than as the Children Court it appears to the District Court that the person charged or to whom the proceedings relate is under the age of 18 years,

nothing in this section shall be construed as preventing the Court or the District Court, as the case may be, if it thinks it undesirable to adjourn the case, from proceeding to hear and determine it.

• (4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment.

• (5) Any reference to a juvenile court in any enactment in force immediately before the commencement of this section shall be construed as a reference to the Court.

72. 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.

• (2) Subsection (1) shall apply only in relation to judges of the District Court appointed on or after 15 December, 1995.

73. 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.

• (2) The time stated in every summons requiring a person to appear before the Court shall be a time which the person preparing the summons reasonably expects that the proceedings in respect of which the summons is issued will be heard.

74. 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.

• (2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult—

• (a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and

• (b) that person shall for all purposes be deemed to have been found guilty by the District Court.

75. 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.

• (2) In deciding whether to try or deal with a child summarily for an indictable offence, the Court shall also take account of—

• (a) the age and level of maturity of the child concerned, and

• (b) any other facts that it considers relevant.

• (3) The Court shall not deal summarily with an indictable offence where the child, on being informed by the Court of his or her right to be tried by a jury, does not consent to the case being so dealt with.

• (4) In deciding whether or not to consent under subsection (3) a child may obtain—

• (a) the assistance of his or her parent or guardian or, if the child is married to an adult, his or her spouse, or

• (b) where the parent or guardian or adult spouse of the child does not for any reason attend the relevant proceedings, the assistance of any adult relative of the child or other adult who is accompanying the child at the proceedings.

• (5) If at any time the Court ascertains that a child charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, the Court may, if the child signs a plea of guilty, send him or her forward for sentence with that plea to a court to which, but for that plea, the child would have been sent forward for trial.

• (6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General’s consent.

• (7)
• (a) Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.

• (b) In that event—

• (i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999) of the Act of 1967,

• (ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and

• (iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.

76. 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

76A. F80[Powers of Court in criminal proceedings against child.

76A.— (1) In any criminal proceedings against a child the Court may exercise any of the following powers conferred on it by this Part, namely, power—

• (a) under section 76B, to request the attendance of a representative of the F81[Child and Family Agency],

• (b) under section 76C, to dismiss the case on its merits,

• (c) under section 77, to direct the F81[Child and Family Agency] to convene a family welfare conference in respect of the child F82[…], or

• (d) under section 78, to direct the probation and welfare service to arrange for the convening of a family conference in respect of the child.

• (2) Subsection (1) is without prejudice to the power of the Court to deal with the case in any other way if it is satisfied that to do so would be in the interests of justice.]

76B. F83[Assistance to Court by F84[Child and Family Agency].

76B.— (1) Where—

• (a) a child who is charged with an offence is remanded on bail or, subject to section 88(10)(b), in custody, and

• (b) it appears to the Court that the F84[Child and Family Agency] may be of assistance to it in dealing with the case,

the Court may request the Executive to be represented in the proceedings.

• (2) Where the child is remanded on bail, the request shall be made at least one week before the date of the resumption of the proceedings concerned.

• (3) If, having heard the F84[Child and Family Agency]’s representative, the Court dismisses the case against the child on its merits, the F84[Child and Family Agency] shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.]

76C. F85[Dismissal of case against child under 14 in certain circumstances.

76C.— Where a child under 14 years of age is charged with an offence, the Court may, of its own motion or the application of any person, dismiss the case on its merits if, having had due regard to the child’s age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence.]

77. 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 F86[or for the provision to that child of other care under the Act of 1991 (as amended by the Child Care (Amendment) Act 2011) or otherwise], the Court may, of its own motion or on the application of any person—

• (a) adjourn the proceedings and direct F87[the F88[Child and Family Agency]] to convene a family welfare conference in respect of the child F89[if in the Court’s view it is practicable for the F88[Child and Family Agency] to hold such a conference having regard to the age of the child and his or her family and other F90[circumstances.]]

• (b) F91[…]

• (2) Where a family welfare conference has been held by F87[the F88[Child and Family Agency]] pursuant to a direction under subsection (1)(a)—

• (a) if F87[the F88[Child and Family Agency]] applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

• (b) if it decides not to apply for any such order, it shall inform the Court of—

• (i) its reasons for so deciding,

• (ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and

• (iii) any other action which it has taken, or intends to take, with respect to the child.

• (3) The Court, on being informed by F87[the F88[Child and Family Agency]] of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

78. 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.

• (2) The Court may direct that the conference consider such matters relating to the child as the Court considers appropriate.

79. Convening of family conference.

79.—A family conference shall be convened by a probation and welfare officer appointed for that purpose by the F92[Director of the Probation and Welfare Service] and shall be held not later than 28 days after the date of the direction of the Court.

80. Action plan.

80.—(1) A family conference shall endeavour to formulate an action plan for the child in respect of whom it has been convened.

• (2) Subsections (1) to (5) of section 39 shall apply and have effect in relation to such a plan, with the substitution in subsections (2), (4) and (5) of that section of references to a probation and welfare officer for the references to a facilitator or chairperson and with any other necessary modifications.

81. Report to Court by probation and welfare officer.

81.—The probation and welfare officer who was appointed to convene the family conference shall, as appropriate—

• (a) submit to the Court the action plan formulated at the conference,

• (b) inform the Court that the conference did not reach agreement on an action plan,

• (c) apply to the Court for an extension of the time for holding the conference, or

• (d) inform the Court that it has not been possible to hold the conference and that there is little likelihood of its being held.

82. Action by Court on report of probation and welfare officer.

82.—(1) Where an action plan is submitted to the Court pursuant to section 81(a), the Court may—

• (a) approve of the plan or amend it, and

• (b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation.

• (2) Where the probation and welfare officer reports to the Court pursuant to section 81(b) that the family conference did not reach agreement on an action plan, the Court may—

• (a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or

• (b) resume the proceedings in respect of the offence with which the child is charged.

• (3) Where the probation and welfare officer applies to the Court pursuant to section 81(c) for an extension of the time for holding the family conference, or informs the Court pursuant to section 81(d) that there is little likelihood of its being held, the Court may—

• (a) where it is satisfied that there is a likelihood of the conference being held, grant an extension of time, not exceeding 28 days, for holding it, or

• (b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged.

• (4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order.

• (5) An action plan formulated pursuant to subsection (1)(b) or (2)(a) shall be written in language that can be understood by the child and be signed by the child (or, where appropriate, a person mentioned in section 78(1)(c) on his or her behalf) and the supervising probation and welfare officer.

83. Failure to comply with action plan.

83.—Where the Court has ordered a child to comply with an action plan and, on application by the probation and welfare officer who convened the relevant family conference, it appears to the Court that the child has, without reasonable cause, failed to comply with the terms of the plan, the Court may resume the proceedings in respect of the offence with which the child is charged.

84. Review of compliance with action plan.

84.—At a resumed court sitting to review compliance with the action plan, the Court may resume the proceedings in respect of the offence with which the child is charged and, without prejudice to any other way of dealing with the case, may, if it is satisfied that the child has complied with the plan, dismiss the charge against the child on its merits.

85. Application of provisions.

85.—Sections 29, 30(3), F93[32, 32A,] 33, 35, 36, 50 and 51 shall apply and have effect in relation to a family conference convened under this Part with the substitution, where appropriate, in those provisions of references to a probation and welfare officer for the references to a juvenile liaison officer, facilitator or chairperson and with any other necessary modifications.

86. Procedure at family conference.

86.—(1) Subject to the provisions of this Part or any direction given by the Court, a family conference may regulate its procedure in such manner as it thinks fit.

• (2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

87. Administrative services to family conference.

87.—The F94[Director of the Probation and Welfare Service] shall provide such administrative services as may be necessary to enable a family conference to discharge its functions.

88. F95[Remand in custody.

88.—(1) Where the Court decides to remand 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 in relation to the child.

• (2) The child shall be remanded to a place designated under this section as a remand centre.

• (3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child’s age and level of understanding.

• (4) The Minister may by order designate as a remand centre any place, including F96[part or all of a children detention school, which in the Minister’s opinion is suitable for the custody of children who are remanded under this section (referred to in this Act as a remand centre ‘situated in’ a children detention school)].

• (5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.

• (6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

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

• (8) Where a remand centre is F96[situated in] 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.

• (9) Where a remand centre is not F96[situated in] a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.

• (10) The Court shall not remand a child in custody under this section if the only reason for doing so is that—

• (a) the child is in need of care or protection, or

• (b) the Court wishes the F97[Child and Family Agency] to assist it under section 76B in dealing with the case.

• F98[(10A) Where the Court remands a child to a remand centre under subsection (2), the lawfulness of the remand and the period of the remand shall not be affected should the child attain the age of 18 years during the period of the remand in question, and in such a case this Act shall apply to the person during the remainder of that period of the remand as it applies to a child on remand.]

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

• (12) F99[…]

• (13) F100[…]]

88A. F101[Transfer of children on remand

88A. (1) The Minister for Children and Youth Affairs may direct the transfer of a child remanded to a remand centre to another remand centre for the remainder of the child’s period of remand if the remand centre to which the child is to be transferred provides the conditions and facilities suitable for the custody of children who are remanded under section 88 and—

• (a) the remand centre to which the child is to be transferred caters in accordance with the provisions of this Part for that class of child, or

• (b) the Minister for Children and Youth Affairs considers that the transfer is necessary in the interests of good governance of remand centres.

• (2) Before giving a direction under this section, the Minister shall consult the Director, or where a remand centre is not situated in a children detention school, the board of management, of the remand centre from which and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s best interests, or if the transfer would not be in the child’s best interests, what other course of action should be adopted in respect of the child.

• (3) The Director, or where the remand centre is not situated in a children detention school, the board of management, of the remand centre to which the child was remanded may request the Minister to make a direction under subsection (1).

• (4) In this section—

• (a) a reference to a Director of a remand centre means a reference to the Director, within the meaning of section 180, of the children detention school in which the remand centre is situated, and

• (b) a reference to a board of management of a remand centre means the board of management appointed under section 88(9) to manage the remand centre.]

88B. F102[Discipline of children on remand

88B. ...]

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

89.—Section 5 (Payment of moneys into court) of the Bail Act, 1997, is amended by the addition of the following subsection:

• “(4) This section shall not apply in relation to a person under the age of 18 years.”.

90. Conditions of bail.

90.—(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions:

• (a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate,

• (b) that the child receives education or undergoes training, as appropriate,

• (c) that the child reports to a specified Garda Síochána station at a specified time at such intervals as the Court considers appropriate,

• (d) that the child does not associate with a specified individual or individuals,

• (e) that the child stays away from a specified building, place or locality except in such circumstances and at such times as the Court may specify,

• (f) such other conditions as the Court considers appropriate.

• (2) Where a child who is released on bail does not comply with any condition to which the release was subject and is subsequently found guilty of an offence, the Court, in dealing with the child for the offence, may take into account the non-compliance in question and the circumstances in which it occurred.

• (3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail.

91. Attendance at Court of parents or guardian.

91.—(1) The parents or guardian of a child shall, subject to subsection (5), be required to attend at all stages of any proceedings—

• (a) against the child for an offence,

• (b) relating to a family conference in respect of the child, F103[…]

• (c) relating to any failure by the child to comply with a community sanction or any condition to which the sanction is F104[subject, or]

• F105[(d) under section 257D.]

• (2) Where the parents or guardian fail or neglect, without reasonable excuse, to attend any proceedings to which subsection (1) applies, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian, and the warrant shall command the person to whom it is addressed to produce the parents or guardian before the Court at the time appointed for resuming the proceedings.

• (3) Failure by the parents or guardian, without reasonable excuse, to attend any such proceedings shall, subject to subsection (5), be treated for all purposes as if it were a contempt in the face of the court.

• (4) At the hearing of any proceedings in respect of the offence with which the child is charged F105[or under section 257D], any parent or guardian who is required to attend the proceedings may be examined in respect of any relevant matters.

• (5) The Court may, at any stage of proceedings to which subsection (1) applies, excuse the parents or a parent or the guardian of the child concerned from attendance at all or any part of the proceedings in any case where the Court, either of its own motion or at the request of any of the parties to the proceedings, is of opinion that the interests of justice would not be served by such attendance.

• (6) If in any such proceedings the whereabouts of the parents or guardian of the child concerned are unknown, or neither a parent nor a guardian attends the proceedings for any reason, the child may be accompanied during the proceedings by an adult relative or other adult.

• (7) This section does not apply to the parents of a child who is married.

92. Conveyance to and from Court.

92.—Any child while being conveyed to or from the Court or while waiting before or after attendance at the Court shall, as far as practicable, be prevented from associating with an adult, not being a relative or spouse, who is charged with any offence other than an offence with which the child is jointly charged.

93. Restrictions on reports of proceedings in which children are concerned.

F106[93.—(1) In relation to proceedings before any court concerning a child—

• (a) no report which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any such child shall be published or included in a broadcast or any other form of communication, and

• (b) no still or moving picture of or including any such child or which is likely to lead to his or her identification shall be so published or included.

• (2) A court may dispense, in whole or in part, with the requirements of this section in relation to a child if satisfied that to do so is necessary—

• (a) where the child is charged with an offence—

• (i) to avoid injustice to the child,

• (ii) where the child is unlawfully at large, for the purpose of apprehending the child, or

• (iii) in the public interest,

or

• (b) where the child is subject to an order under section 257D—

• (i) to avoid injustice to the child, or

• (ii) to ensure that the order is complied with.

• (3) Where a court dispenses with any requirements of this section, it shall explain in open court the reasons for its decision.

• (4) Subsections (3) to (6) of section 51 of this Act shall apply, with the necessary modifications, to matters published or included in a broadcast or other form of communication in contravention of subsection (1).

• (5) This section shall apply in relation to proceedings on appeal from a court, including proceedings by way of case stated.

• (6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court.]

94. Persons entitled to be present at hearing.

94.—(1) The Court shall exclude from the hearing of any proceedings before it all persons except—

• (a) officers of the Court,

• (b) the parents or guardian of the child concerned,

• (c) an adult relative of the child, or other adult who attends the Court pursuant to section 91(6),

• (d) persons directly concerned in the proceedings,

• (e) bona fide representatives of the Press, and

• (f) such other persons (if any) as the Court may at its discretion permit to remain.

• (2) The order or decision of the Court (if any) in any such proceedings shall be announced in public.

PART 9 Powers of Courts in Relation to Child Offenders

General

95. Interpretation (Part 9).

95.—In this Part, unless the context otherwise requires—

“Act of 1970” means the Prisons Act, 1970;

“Act of 1983” means the Criminal Justice (Community Service) Act, 1983;

“children court district” has the same meaning as “district court district”;

F107[…]

“compensation order” has the meaning assigned to it by section 6 of the Criminal Justice Act, 1993;

“day centre” and “day centre order” have the meanings assigned to them by section 118;

“detention and supervision order” means an order under section 151;

“district” means either a children court district or a district court district, as the context requires;

“district of residence” means—

• (a) in relation to an order under this Part affecting a child, the circuit or, as the case may be, the district in which the child resides or will reside while the order is in force, and

• (b) in relation to a parental supervision order, the circuit or, as the case may be, the district in which the parents concerned reside or will reside while the order is in force;

“hostel residence” means a residence certified under section 126;

“parental supervision order” means an order under section 111;

“probation officer’s report” has the meaning assigned to it by section 99;

“probation order” has the meaning assigned to it by section 2 of the Act of 1907.

96. Principles relating to exercise of criminal jurisdiction over children.

96.—(1) Any court when dealing with children charged with offences shall have regard to—

• (a) the principle that children have rights and freedom before the law equal to those enjoyed by adults and, in particular, a right to be heard and to participate in any proceedings of the court that can affect them, and

• (b) the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child.

• (2) Because it is desirable wherever possible—

• (a) to allow the education, training or employment of children to proceed without interruption,

• (b) to preserve and strengthen the relationship between children and their parents and other family members,

• (c) to foster the ability of families to develop their own means of dealing with offending by their children, and

• (d) to allow children reside in their own homes,

any penalty imposed on a child for an offence should cause as little interference as possible with the child’s legitimate activities and pursuits, should take the form most likely to maintain and promote the development of the child and should take the least restrictive form that is appropriate in the circumstances; in particular, a period of detention should be imposed only as a measure of last resort.

• (3) A court may take into consideration as mitigating factors a child’s age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law.

• (4) The penalty imposed on a child for an offence should be no greater than that which would be appropriate in the case of an adult who commits an offence of the same kind and may be less, where so provided for in this Part.

• F108[(5) When dealing with a child charged with an offence, a court shall have due regard to the child’s best interests, the interests of the victim of the offence and the protection of society.]

97. Construction of certain references.

97.—Any reference in an enactment, whether in force before or after the commencement of any relevant provision of this Act, to a person convicted, a conviction or a sentence shall, in the case of a child dealt with summarily by the Children Court, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.

98. Orders on finding of guilt.

98.—Where a court is satisfied of the guilt of a child charged with an offence it may, without prejudice to its general powers and in accordance with this Part, reprimand the child or deal with the case by making one or more than one of the following orders:

• (a) a conditional discharge order,

• (b) an order that the child pay a fine or costs,

• (c) an order that the parent or guardian be bound over,

• (d) a compensation order,

• (e) a parental supervision order,

• (f) an order that the parent or guardian pay compensation,

• (g) an order imposing a community sanction,

• (h) an order (the making of which may be deferred pursuant to section 144) that the child be detained in a children detention school F109[…], F110[…]

• (i) a detention and supervision order.

Probation Officer’s Reports

99. Probation officer’s report.

99.—(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it—

• (a) may in any case, and

• (b) shall, where it is of opinion that the appropriate decision would be to impose a community sanction, detention (whether or not deferred under section 144) or detention and supervision,

adjourn the proceedings, remand the child and request a probation and welfare officer to prepare a report in writing (a “probation officer’s report”) which—

• (i) would assist the court in determining a suitable community sanction (if any) or another way of dealing with the child, and

• (ii) would contain information on such matters as may be prescribed, including any information specifically requested by the court.

• (2) The probation officer’s report shall, at the request of the court, indicate whether, and if so how, in his or her opinion any lack of care or control by the parents or guardian of the child concerned contributed to the behaviour which resulted in the child being found guilty of an offence.

• (3) The court may, in addition, request that a victim impact report be furnished to it in respect of any victim of the child where it considers that such a report would assist it in dealing with the case.

• (4) The court may decide not to request a probation officer’s report where—