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CHILDREN ACT, 2001

Type Act

Publication 2001-07-08

Last updated 2026-08-10

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 300

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

41 amending acts · 2026-08-10, revised-IE-2001-act-24@2026-08-10

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

Reform history JSON API

(a) the penalty for the offence of which the child is guilty is fixed by law, or

(b) (i) the child was the subject of a probation officer’s report prepared not more than 2 years previously,

(ii) the attitude of the child to, and the circumstances of, the offence or offences to which that report relates are similar to his or her attitude to, and the circumstances of, the offence of which the child has been found guilty, and

(iii) the previous report is available to the court and the court is satisfied that the material in it is sufficient to enable it to deal with the case.

(5) Where a court requests a report under this section, it may at any time summon as a witness any person whose evidence in its opinion would assist it in dealing with the case.

100. Remand for preparation of report or other reason.

100.—(1) Where the court is satisfied of the guilt of a child, it may defer taking a decision to allow time for the preparation of any report requested pursuant to this Part or for other sufficient reason and for that purpose may remand the child on bail, subject to such conditions as it may think fit, or, pursuant to section 88, in custody for, where appropriate, the minimum period necessary for the preparation of any such report but not in any case exceeding 28 days.

(2) Notwithstanding subsection (1), where a child in respect of whom any such report is being prepared has been remanded on bail, the court may allow one extension of not more than 14 days for its preparation if satisfied, on application by the person preparing the report, that it is proper to do so.

(3) Any person responsible for making any such report shall make all reasonable endeavours to ensure that the report is lodged with the court at least 4 working days before the end of the period of remand.

101. Availability of child for preparation of report.

101.—(1) (a) Where a court remands a child on bail to enable any report requested pursuant to this Part to be prepared, it may order—

(i) that in the meantime—

(I) the child shall reside at the residence of his or her parents, guardian, an adult relative or other adult who has undertaken to the court to care for the child, or

(II) where the child is already residing in a children’s residential centre to which Part VIII of the Act of 1991 applies or in some other suitable place, the child shall continue to do so,

and

(ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be—

(I) at the residence, centre or other suitable place, or

(II) at any day centre or other place specified in the order.

(b) The time of the first such attendance at a day centre or other place shall be determined in accordance with subsection (3) and be specified in the order.

(i) in the case of such attendances at a day centre, by the person preparing the report, or

(ii) in the case of such attendances at another place, by the person in charge of that other place.

(2) An order under subsection (1)(a)(ii)(II) shall not be made unless the court is satisfied that the day centre or other place in question is reasonably accessible to the child concerned, having regard to the child’s age, the means of access available to him or her and any other relevant circumstances.

(3) The times at which a child is required to attend at a day centre or other place pursuant to this section shall be determined having regard to the child’s circumstances and shall be those—

(a) at which the centre or place is available for that purpose, and

(b) which are such as to avoid interference, as far as practicable, with any school or work schedules of the child.

102. Immunity from liability for reports.

102.—Any person who prepares or furnishes any report requested pursuant to this Part or who supplies any information for the purposes of preparing or furnishing it shall not be under any civil or criminal liability in respect of it unless the person has acted in bad faith in preparing or furnishing it or in supplying information for such purposes.

103. Access to reports.

103.—(1) A copy of any report furnished to a court pursuant to a request under this Part shall, subject to subsection (2), be made available, on request, by the clerk or other proper officer of the court to—

(a) the parents or guardian of the child concerned or, in their absence, an adult relative of the child or other adult accompanying the child during the proceedings,

(b) any counsel or solicitor representing the child,

(d) every person entitled to appear and be heard at the proceedings to which the report relates and any counsel or solicitor appearing for any such person,

(e) where the court imposes a period of detention in a children detention school F112[…], the Director of the school F112[…], and

(f) any other person whom the court considers to have a proper interest in receiving a copy of the report.

(2) The court may order that the whole or any part of a report made available to any person pursuant to subsection (1) shall not be disclosed to any person specified in the order where it is satisfied that to do so would not be in the interests of the child or any other person to whom the report relates.

(3) Any copy of a report made available pursuant to subsection (1) shall, wherever possible, be supplied to the persons concerned in advance of the resumed sitting of the court.

104. Right to tender evidence on report.

104.—Any person to whom a copy of a report has been made available pursuant to section 103 or who has been informed of its contents may tender evidence on any matter referred to in it.

105. Oral reports.

105.—The court may, unless any party to the proceedings objects, in exceptional circumstances direct that any report requested pursuant to this Part be made orally to the court.

106. Power of court on receipt of report.

106.—(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with section 98.

(2) Before the court reaches a decision on the case, it may hear evidence from any person who prepared the report and from any person required under section 99(5) to attend the proceedings.

(3) The court shall also give a parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or in his or her absence an adult relative or other adult accompanying the child, an opportunity to give evidence.

(4) The court may, on consideration of a probation officer’s report, request such other report or reports in writing, including medical, psychiatric or psychological reports, as would in its opinion assist it in dealing with the case.

(5) The F113[Director of the Probation and Welfare Service] shall arrange for the preparation of any such other report or reports, which shall contain information on such matters as may be prescribed and on any matter that may be specifically requested by the court.

107. Regulations regarding reports.

107.—(1) The Minister may prescribe such matters in relation to probation officers’ reports or any other reports made pursuant to this Part as would in his or her opinion be of assistance to courts in dealing with cases under this Part.

(2) Without prejudice to the generality of subsection (1), the inclusion in probation officers’ reports of information relating to the following matters, where appropriate, and such other matters (if any) as may be necessary or expedient for the purposes of any enabling provision of this Part to have full effect, may be prescribed—

(a) the results of an interview with the child,

(b) where it has been practicable for the probation and welfare officer concerned to interview the child’s parent or guardian or any victim, the results of the interview,

(c) the age, level of maturity, character, behaviour and attitude of the child and his or her willingness to make amends,

(d) the educational circumstances and prospects of the child,

(e) the child’s friends and associates, and

(f) the apparent motive for the child’s behaviour and the likelihood of the child not committing further offences.

(3) Before prescribing any matter for which the Minister for Education and Science or the Minister for Health and Children has responsibility, the Minister shall obtain the agreement of that Minister.

Fines, costs and compensation

108. Maximum fines.

108.—Where a court is satisfied of the guilt of a child whom it has dealt with summarily for any offence and is of opinion that the appropriate penalty is or includes a fine, the fine shall not exceed half the amount which the District Court could impose on a person of full age and capacity on summary conviction for such an offence.

109. Determination of amount of fine and costs.

109.—(a) Subject to section 108, in determining the amount of a fine to be imposed on a child, and

(b) in determining whether to award costs against a child and the amount of any such costs,

the court, among other considerations, shall have regard to the child’s present and future means in so far as they appear or are known to the court and for that purpose may require the child to give evidence as to those means and his or her financial commitments.

110. Default in payment of fine, costs or compensation.

110.—(1) Where a court orders a child to pay a fine, costs or compensation and the child is in default—

(a) the court shall not order that the child be detained in any case where, if the child were a person of full age and capacity, he or she would be liable to be committed to prison, and

(b) in lieu of such an order, the court may make one or more than one of the following orders:

(i) in the case of a fine, an order reducing its amount,

(ii) an order allowing time, or further time, for payment of the fine, costs or compensation,

(iii) an order imposing a community sanction appropriate to the age of the child.

(2) An order under subsection (1)(b) shall be deemed for the purposes of this or any other Act to be an order made on a finding of guilt.

Orders in relation to parents or guardian

111. Parental supervision order.

111.—(1) In any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child’s parents (a “parental supervision order”) where it is satisfied that a wilful failure of the child’s parents to take care of or control the child contributed to the child’s criminal behaviour.

(2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child’s parents.

(3) The court may not make an order under section 114 at the same time as a parental supervision order.

(4) Before making a parental supervision order, the court shall obtain and consider information about the parents’ family and social circumstances and the likely effect of the order on those circumstances.

(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.

(6) A parental supervision order may order the parents of the child to do any or all of the following:

(a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,

(b) to participate in any course that is reasonably available for the improvement of parenting skills,

(c) adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable,

(d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.

(7) A parental supervision order shall be made for a period not exceeding 6 months.

(8) The court shall appoint a probation and welfare officer to supervise the parents, to assist them in complying with the order and to monitor compliance with it.

(9) When making a parental supervision order, the court shall have regard to any order it has made or is making in respect of the child concerned and, where any such order involves the supervision of the child by a probation and welfare officer, that officer shall also be appointed to supervise the child’s parents.

(10) A parental supervision order shall specify—

(a) where appropriate, the address of any place where the parents may undergo treatment or participate in any course for the improvement of parenting skills,

(b) any particular requirements of the court in relation to the control or supervision of the child,

(d) the period during which the order is to be in force,

and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.

(11) Where for any reason the court considers that a parental supervision order should be made in respect of one parent only, the order may provide accordingly, notwithstanding that both parents have the custody, charge or care of the child.

(12) A parent who is the subject of a parental supervision order may appeal against the order.

112. Non-compliance with parental supervision order.

112.—(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may—

(a) if the order was made by a court in the district of residence, do one or more of the following:

(i) revoke the order,

(ii) make an order under section 114,

(iii) if it has not already done so, make an order under section 113, or

(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,

(b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters which the court may take into account when making a decision pursuant to subsection (1) shall include the extent to which, and any period during which, the parents complied with the parental supervision order.

(3) Where a court proposes to exercise its powers under subsection (1), it shall summon the parents to appear before it and, if the parents do not do so, may issue a warrant for their arrest.

(4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made.

(5) The jurisdiction vested in the Children Court or the District Court in respect of those proceedings shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the district where the parental supervision order was made.

113. Compensation by parent or guardian.

113.—(1) Where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order (whether in addition to or instead of any other order), it may order that the compensation be paid by the parent or guardian of the child instead of by the child.

(2) The court may not order that the compensation be paid by a parent or guardian unless it is satisfied that a wilful failure of the parent or guardian to take care of or to control the child contributed to the child’s criminal behaviour.

(3) An order may not be made under subsection (1) without giving the parent or guardian concerned an opportunity to be heard.

(4) Any sums imposed and ordered to be paid by a parent or guardian under this section may be recovered in like manner as if the order had been made on the conviction of the parent or guardian of the offence of which the child was found guilty.

(5) In determining whether to order a parent or guardian to pay compensation in accordance with subsection (1) and in determining the amount of the compensation, the court shall have regard to the present and future means of the parent or guardian in so far as they appear or are known to the court and for that purpose the court may require the parent or guardian to give evidence as to those means and his or her financial commitments.

(6) A parent or guardian who is the subject of a compensation order may appeal against the order.

(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.

(8) This section does not apply in relation to any person who is taking care of a child on behalf of F114[the F115[Child and Family Agency]].

114. Binding over of parent or guardian.

114.—(1) Where a court is satisfied of the guilt of a child it may—

(a) order the parent or guardian, with his or her consent, to enter into a recognisance to exercise proper and adequate control over the child, and

(b) if the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, treat the refusal for all purposes as if it were a contempt of court.

(2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance—

(a) for an amount exceeding £250,

(b) where the child concerned will attain the age of 18 years within a period which is less than 3 years, for a period exceeding that period, or

(3) Any rule of law relating to the forfeiture of recognisances shall apply to an order made under this section in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace or to be of good behaviour or both.

(4) A recognisance entered into by a parent or guardian in accordance with this section may be forfeited only if—

(a) the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and

(b) the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his or her committing that offence.

(5) In fixing the amount of a recognisance under this section, the court, among other considerations, shall have regard to the present and future means of the parent or guardian concerned in so far as they appear or are known to the court and for that purpose may require the parent or guardian to give evidence as to those means and his or her financial commitments.

(6) The parent or guardian may appeal against an order under this section.

(7) The court may vary or revoke an order made by it under this section if, on the application of the parent or guardian concerned, it appears to the court, having regard to any change in circumstances since the order was made, to be in the interests of justice to do so.

(8) An order under this section shall be in addition to or instead of any other order which the court may make.

(9) No order shall be made under this section without giving the parent or guardian an opportunity of being heard.

(10) When deciding whether to make an order under this section, the court, in addition to and without prejudice to any other consideration, shall have regard to the age and level of maturity of the child.

(11) This section does not apply in relation to any person who is taking care of a child on behalf of F116[the F117[Child and Family Agency]].

Community sanctions

115. Community sanction.

115.—In this Part, “community sanction” means any of the orders referred to in paragraphs (a) to (j) which may be made by a court on being satisfied that a child is guilty of an offence—

(a) in the case of a child of 16 or 17 years of age, a community service order under section 3 of the Act of 1983,

(b) an order under section 118 (a day centre order),

(d) an order under section 124 (a probation (training or activities) order),

(e) an order under section 125 (a probation (intensive supervision) order),

(f) an order under section 126 (a probation (residential supervision) order),

(g) an order under section 129 (a suitable person (care and supervision) order),

(h) an order under section 131 (a mentor (family support) order),

(i) an order under section 133 (a restriction on movement order), or

(j) an order under section 137 (a dual order).

116. Imposition of community sanction.

116.—(1) Where a court—

(a) has considered a probation officer’s report or any other report made pursuant to this Part,

(b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report, and

(c) has given the child’s parent or guardian (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence,

it may make an order imposing on the child a community sanction, if it considers that the imposition of such a sanction would be the most suitable way of dealing with the case.

(2) Where the court intends to impose a community sanction it shall explain to the child in open court and in language appropriate to the level of understanding of the child—

(a) why a community sanction is being imposed,

(b) the terms of the sanction and any conditions to which it is being made subject,

(c) the expectation of the court that the child will be of good conduct while the community sanction is in force and the possible consequences for the child of his or her failure to comply with the sanction and any such conditions, and

(d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with the sanction and any such conditions and not commit further offences.

(3) In any case where the court has explained to the child the matters referred to in subsection (2) and the child does not express his or her willingness to comply with the proposed community sanction and any conditions to which it is being made subject, the court may, instead of imposing such a sanction, deal with the case in any other manner in which it may be dealt with.

(4) Where a child fails to comply with a community sanction or any conditions to which it is subject or where for any reason a community sanction is revoked by the court, the court shall not make an order imposing a period of detention on the child unless it is satisfied that detention is the only suitable way of dealing with the child.

117. Conditions to which community sanction may be made subject.

117.—The conditions to which a community sanction imposed on a child may be made subject include conditions—

(a) requiring the child to attend school regularly,

(b) relating to the child’s employment,

(d) relating to the child’s place of residence,

(e) relating to the child undergoing counselling or medical treatment,

(f) limiting or prohibiting the child from associating with any specified person or with persons of any specified class,

(g) limiting the child’s attendance at specified premises,

(h) prohibiting the consumption by the child of intoxicating liquor, and

(i) relating to such other matters as the court considers appropriate in relation to the child.

118. Day centres.

118.—(1) In this section—

“day centre” means a place to which subsection (2) applies;

“day centre order” means an order under subsection (5).

(2) For the purposes of this section the Minister shall provide or arrange for the provision of a sufficient number of places for use as day centres which shall be operated either by the probation and welfare service or by any body with the approval and assistance of that service.

(3) Before any place or part thereof may be used as a day centre, the F118[Director of the Probation and Welfare Service] shall inspect it and, if he or she considers that the place is suitable for such use, certify in writing accordingly.

(4) A certificate under subsection (3) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the F118[Director of the Probation and Welfare Service] before then on the ground that the place is no longer suitable for use as a day centre.

(5)
(a) A court may by order direct that a child shall attend at a specified day centre for the purpose of participating in an occupation or activity, or receiving instruction, which is suitable and beneficial for him or her.

(b) The child may participate in any such occupation or activity, or receive any such instruction, under supervision outside the day centre, and references in this section to attendance at a day centre include references to such participation or receiving outside it.

(6) The number of days a child shall be required to attend at a day centre pursuant to a day centre order shall be not more than 90, and attendance need not be on consecutive days.

(7) A child in respect of whom a day centre order has been made shall be under the supervision of a probation and welfare officer and while in attendance at a day centre shall be subject to the control, direction and supervision of the person in charge of the centre.

(8) A day centre order shall specify—

(a) the name and address of the day centre which the child shall be required to attend while the order is in force,

(b) the number of days that the child shall attend the centre,

(d) when and at what time the child is to report to the centre on the first occasion,

and it may specify—

(i) any programme of occupation, activity or instruction to be undertaken by the child,

(ii) such other matters with respect to the child’s attendance at the centre as the court determines, or

(iii) such of the conditions provided for in section 117 as the court considers necessary for helping to improve the child’s behaviour and to prevent him or her from committing further offences.

(9) When deciding on the number of days that the child shall attend at the day centre the court, in addition to and without prejudice to any other consideration, shall have regard to the child’s age.

(10) A day centre order shall not be made unless the court is satisfied that the day centre to be specified in it is reasonably accessible to the child concerned or that arrangements can be made for the child’s attendance at the centre, having regard to the child’s age and sex, the means of access available to him or her and any other relevant circumstances.

(11)
(a) The times at which a child is required to attend at a day centre shall, as far as practicable, be such as to avoid interference with any training the child is receiving, any attendance at a school or other educational establishment or any employment.

(b) The first of those times shall be a time at which the centre is available for the attendance of the child, and the subsequent days and times shall be fixed by the person in charge of the day centre, having regard to the child’s circumstances and the terms of the day centre order, without prejudice to the power of the court to direct that, as far as practicable, some of those times shall coincide with a specific event which it considers the child, for whatever reason, should refrain from taking part in or being present at.

(12) The person in charge of a day centre may, for good reason, excuse a child from attendance at the centre on a particular occasion or occasions.

(13) A child shall not, subject to subsection (14), be required to attend at a day centre on more than one occasion on any day or for more than 8 hours on any one day.

(14) Where the child participates in any occupation or activity, or receives any instruction, under supervision outside the day centre, subsection (13) shall not apply, and, where any such occupation, activity or instruction continues over more than one day, each such day shall count towards the number of days that the court has specified that the child shall attend at the centre.

(15) The person in charge of a day centre shall inform in writing the parent or guardian of the child of the days and times which the person in charge has fixed for the attendance of the child at the centre but in any case where a particular occupation, activity or instruction is arranged at short notice he or she may inform the parent or guardian orally.

(16) For the purpose of providing day centres the Minister may make arrangements, in agreement with any other Minister or any body, authority or person concerned, for the use of any premises, facilities or programmes provided by that Minister, body, authority or person.

(17) A day centre provided pursuant to arrangements made under subsection (16) may not necessarily—

(a) be called a day centre even though it is a day centre for the purposes of this section, or

(b) cater exclusively for children who have been found guilty of having committed offences.

(18) The probation and welfare service shall send a list of the day centres for the time being available for the reception of children to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(19) On making a day centre order the court shall cause certified copies of the order to be sent to—

(a) in case the order was not made by a judge of a court having jurisdiction in the district of residence, such a judge,

(b) the person in charge of the day centre concerned,

(d) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult in whose residence the child is residing while the order is in force.

(20) The person in charge of the day centre shall give a copy of the day centre order to the child.

119. Power to vary day centre order.

119.—(1) Where a day centre order is in force in respect of a child the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying a day centre order may—

(a) vary the day or time specified for the child’s first attendance at the relevant day centre,

(b) if the Court is satisfied that the child proposes to change or has changed his or her residence, substitute for the day centre specified in the day centre order a day centre which the Court is satisfied is reasonably accessible to the child or at which arrangements can be made for the child’s attendance, having regard to the child’s age or sex, the means of access available to him or her and any other relevant circumstances, or

(c) if the Court is satisfied that another day centre is providing a programme of occupation, activity or instruction more suited to the child’s interests, substitute that day centre for the centre specified in the day centre order if the Court is satisfied that the substituted centre is reasonably accessible to the child or it appears to it that arrangements can be made for the child’s attendance at that centre, having regard to his or her age, sex, the means of access available to the child and any other relevant circumstances.

(3) Where the Court is satisfied that the child proposes to change or has changed his or her residence and that there is no day centre reasonably accessible to the child’s new or proposed new residence, the order varying the day centre order shall not require the child to attend at a day centre but shall require him or her to remain under the supervision of a probation and welfare officer for the duration of the day centre order.

(4) Where a day centre order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

(a) the person in charge of the day centre specified in the order and of any day centre substituted for it pursuant to paragraph (b) or (c) of subsection (2),

(b) the probation and welfare officer who is supervising the child, and

(c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult in whose residence the child is residing while the day centre order, as so varied, is in force.

(5) The person in charge of the day centre shall give a copy of the day centre order, as so varied, to the child.

(6) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

120. Power to revoke day centre order.

120.—(1) Where a day centre order is in force in respect of a child and it appears to a court, on application by the child or a probation and welfare officer, that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, that the order should be revoked or that the child should be dealt with in some other way for the offence in respect of which the order was made, the court may—

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

(i) revoke the order, or

(ii) revoke it and deal with the child in another way,

(b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The circumstances in which a day centre order may be revoked under subsection (1)(a)(i) shall include the progress the child has made, his or her satisfactory response to supervision and the discharge of any financial penalty.

(3) In dealing with a child under subsection (1)(a)(ii) a court shall take into account the extent to which the child has complied with the day centre order and any conditions to which it is subject.

(4) The jurisdiction vested in the court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the day centre order was made.

(5) Where a court proposes to exercise its powers under subsection (1) otherwise than on an application by a child, it shall summon the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

121. Provisions where more than one day centre order.

121.—(1) Where more than one day centre order is in force in respect of a child at any time, the total number of days on which attendance by the child at the day centre is required under the orders shall, notwithstanding subsections (2) and (3), not exceed 90 days.

(2) Where a court makes day centre orders in respect of two or more offences of which the child has been found guilty, it may direct that the days of attendance specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

(3) Where a court makes a day centre order and at the time of the making of the order there is in force in respect of the child another such order (whether made by the same or a different court), the court making the later order may direct in that order that the days of attendance specified therein shall be concurrent with or additional to those specified in the earlier order.

(4) In this section “attendance”, in relation to a day centre, includes participation under supervision in any occupation, activity or instruction outside the centre.

122. Non-compliance with day centre order.

122.—(1) Where a day centre order in respect of a child is in force and it appears to a court, on application by the probation and welfare officer who is supervising the child, that the child has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

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

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

(ii) revoke the order and substitute another day centre order or another community sanction, or

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

(b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

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

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

(4) The jurisdiction vested in the court under this section shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the day centre order was made.

123. Duties of child under day centre order.

123.—(1) A child in respect of whom a day centre order has been made shall be subject to the reasonable control, direction and supervision of the person in charge of a day centre, or a person authorised in that behalf by that person, while the child is—

(a) attending at a day centre or participating in any occupation or activity, or receiving any instruction, under supervision outside the centre, or

(b) travelling between the centre and a place outside the centre at which the child is directed or permitted to be.

(2) A child shall, while attending at the day centre—

(a) participate in such occupation or activities (whether physical or otherwise),

(b) attend such classes or groups of persons, or

whether within or outside the centre, as the person in charge of the day centre, or a person authorised in that behalf by that person, considers to be in the interests of the child, having regard, where appropriate, to any directions of the court.

124. Probation (training or activities programme) order.

124.—(1) A court may order that a child shall undertake and complete a programme of training or specified activities in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to undertake and complete a programme recommended to the court by a probation and welfare officer as being suitable for the development of the child and as helping to prevent the child from committing further offences through the attainment of positive social values; and for the duration of the programme the child shall comply with any instructions or directions given by or under the authority of the person or body managing the programme.

(4) The programme may be managed by the probation and welfare service or by any person or body recommended to the court by the F119[ Director of the Probation and Welfare Service], whether or not the person or body is in receipt of any funding from the State, and it need not necessarily cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) An order under this section shall specify—

(a) the programme to be undertaken and completed by the child,

(b) the period during which the order is in force,

(c) the first occasion on which the child shall attend the place where the programme is being organised so as to enable the person in charge of the programme to inform the child of the details of the programme, including the length of time it will take to complete, and

(d) any other conditions that the child is required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117.

(7) Before making an order under this section the court shall be satisfied—

(a) that a programme which is suitable for and reasonably accessible to the child is available,

(b) that the child would benefit from it, and

(c) where the programme is not managed by the probation and welfare service, that the person or body managing it agrees to accept the child.

(8) The court shall cause certified copies of its order to be sent to—

(a) the person or body in charge of the programme,

(b) the probation and welfare officer who is supervising the child, and

(c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult with whom the child is residing while the order is in force.

(9) The person in charge of the programme shall give a copy of the order to the child.

125. Probation (intensive supervision) order.

125.—(1) A court may order that a child shall undergo intensive supervision in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance—

(a) to remain under the intensive supervision of a probation and welfare officer,

(b) to reside at a specified residence during the period of intensive supervision, and

(c) to undertake and complete an education or training programme, or to undergo a course of treatment, recommended to the court by a probation and welfare officer.

(4) Any such programme may be managed by the probation and welfare service or by any person or body recommended to the court by the F120[Director of the Probation and Welfare Service], whether or not the person or body is in receipt of any funding from the State, and it need not cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) Subject to subsection (7), the period of intensive supervision shall—

(a) commence on a date to be determined by the probation and welfare officer supervising the child,

(b) not exceed 180 days, and

(7) On a review of a period of intensive supervision in accordance with subsection (6)(c), the court, having heard the child, his or her parents or guardian and the probation and welfare officer supervising the child, may—

(a) reduce the period to 90 days, or

(b) affirm it.

(8) During the time the order is in force the child shall comply with any instructions and directions given by the supervising probation and welfare officer.

(9) An order under this section shall specify—

(a) the education or training programme to be undertaken and completed, or the course of treatment to be undergone, by the child concerned while the order is in force,

(b) the period during which the order is in force,

(c) the residence where the child is to reside while the order is in force, being the residence of the child’s parents or guardian or, where that residence is not suitable or is unavailable for any reason, the residence of an adult recommended for that purpose by the probation and welfare service,

(d) the name of the probation and welfare officer under whose supervision the child is to be placed and any provisions relating to the intensity of that supervision that the court considers appropriate, and

(e) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117.

(10) Before making an order under this section the court shall be satisfied—

(a) that a probation and welfare officer is available for the intensive supervision of the child, and

(b) that the child would benefit from that supervision and the programme or course of treatment referred to in subsection (3)(c).

(11) The court shall cause certified copies of its order to be sent to—

(a) the person in charge of the programme or course of treatment,

(b) the probation and welfare officer who is supervising the child, and

(c) the parent or guardian of the child or, as appropriate, another adult with whom the child is residing while the order is in force.

(12) The person in charge of the programme or course of treatment shall give a copy of the order to the child.

126. Probation (residential supervision) order.

126.—(1) A court may order that a child shall reside in a hostel residence in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to reside in any hostel residence provided by the probation and welfare service or recommended to the court by a probation and welfare officer on days to be determined by the probation and welfare officer supervising the child.

(4) A residence shall not be used as a hostel residence unless the F121[Director of the Probation and Welfare Service] has inspected it and a certificate by him or her that it is suitable for such use is in force.

(5) A certificate under subsection (4) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the F121[Director of the Probation and Welfare Service] before then on the ground that the residence is no longer suitable for use as a hostel residence.

(6) Where a hostel residence is not provided by the probation and welfare service, the agreement of the person or body providing it shall be required before an order is made under this section.

(7) An order under this section shall specify—

(a) the period, not exceeding one year, during which the order is in force,

(b) the name and address of the hostel residence concerned, and

(c) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117.

(8) The child shall, while in the hostel residence, be subject to the control, direction and supervision of the person in charge of the residence.

(9) Subject to subsection (10), an order shall not be made under this section unless the court is satisfied that the hostel residence specified in it is reasonably close to the child’s usual place of residence or to any place where the child is receiving education or training or is employed, and the court, in making such an order, shall have regard to the child’s age, sex, means of access to his or her usual residence or any such place and any other relevant circumstances.

(10) Where the court is of opinion that it would be in the interests of a child to specify in the order a hostel residence that is not reasonably close to the child’s usual place of residence and a suitable such hostel residence is available, it may specify that hostel in the order.

(11) The person in charge of the hostel residence, in consultation with the probation and welfare officer supervising a child, shall decide the times at which the child shall be required to be in the hostel, having regard to the child’s education, training or employment commitments and any other relevant circumstances, and any non-compliance with those times by the child, without good reason, shall be regarded as a breach of the order under this section.

(12) The court shall cause certified copies of its order to be sent to—

(a) the person in charge of the hostel residence concerned,

(b) the probation and welfare officer who is supervising the child, and

(13) The person in charge of the hostel residence shall give a copy of the order to the child.

127. Power to vary probation (residential supervision) order.

127.—(1) Where an order under section 126 is in force in respect of a child, the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying such an order may—

(a) if the hostel residence specified in the order no longer complies with the requirements of section 126(9), substitute for that hostel residence another hostel residence which complies with those requirements,

(b) in the case of a hostel residence specified in an order under section 126(10), substitute for the hostel residence so specified a hostel residence which complies with the requirements of section 126(9), if it appears to the Court that it would be in the interests of the child to reside in such a hostel residence.

(3) Where an order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

(a) the person in charge of each hostel residence referred to in the order,

(b) the probation and welfare officer who is supervising the child, and

(c) the parents or guardian of the child or, as appropriate, another adult with whom the child was residing immediately before the order under section 126 was made.

(4) The person in charge of the hostel residence specified in the order under section 126 shall give a copy of the order, as so varied, to the child.

(5) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

128. Failure to observe conditions of probation.

128.—(1) If a person who has failed to observe any condition of a recognisance under section 6 of the Act of 1907 is a child, the court may, in addition to its powers under that section—

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

(b) revoke the order and substitute another community sanction.

(2) Subsection (1) shall not apply to any recognisance under the Act of 1907 which was entered into before the commencement of this section.

129. Suitable person (care and supervision) order.

129.—(1) A court may by order assign a child to the care of a person, including a relative of the child concerned (a “suitable person”), in accordance with the provisions of this section.

(2) The court shall not make an order under this section unless the parents or guardian of the child have consented in writing to its being made and a probation and welfare officer has informed the court that a suitable person is available.

(3) An order under this section shall specify that the child shall ordinarily reside in the residence of the suitable person and shall also specify the period, not exceeding 2 years, for which the child shall so reside.

(4) While the order is in force the suitable person shall have the like control over the child as if he or she were the child’s parent or guardian and shall do what is reasonable in all the circumstances of the case to safeguard or promote the child’s health, development and welfare.

(5) The child shall be under the supervision of a probation and welfare officer while the order is in force.

(6) The order may specify such of the conditions provided for in section 117 as it considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(7) The court shall cause certified copies of its order to be sent to—

(a) where the order is not made by a judge of the court assigned to the district in which the suitable person resides, that judge,

(b) the parents or guardian of the child, and

(8) The probation and welfare officer who is supervising the child shall give a copy of the order to the suitable person and the child.

(9) Where—

(a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force—

(i) would not be in the interests of the suitable person or the child, or

(ii) is no longer necessary because of the progress made by the child,

(b) the parents or guardian of the child notify the court in writing that they are withdrawing their consent to the making of the order, or

the court may, having regard to the period for which the order was in force and any other relevant circumstances—

(i) revoke the order,

(ii) revoke it and substitute another community sanction, or

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

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

130.—(1) Where an order under section 129 is in force and it appears to the court which made the order, on application by the probation and welfare officer who is supervising the child concerned, that the child has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

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

(b) revoke the order and substitute another order under section 129 or another community sanction, or

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

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

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

131. Mentor (family support) order.

131.—(1) A court may by order assign a child to a person, including a relative of the child concerned (a “mentor”), to help, advise and support the child and the child’s family in its efforts to prevent the child from committing further offences and to monitor the child’s behaviour generally.

(2) An order under this section shall specify the period, not exceeding 2 years, during which the order shall remain in force and also specify that the child shall live with his or her parents or guardian at their normal place of residence during that period.

(3) A child in respect of whom an order under this section has been made shall, while the order is in force, be under the supervision of a probation and welfare officer who, in addition to his or her duty to supervise the child, shall help and advise the mentor in supporting the child and the child’s family in its efforts to prevent the child from committing further offences.

(4) The court shall not make an order under this section unless—

(a) a probation and welfare officer has informed the court that a mentor is available, and

(b) the child and the child’s parents or guardian consent to the making of the order and agree to cooperate with the mentor in accordance with its terms.

(5) The order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(6) The court shall cause certified copies of its order to be sent to—

(a) the parents or guardian of the child, and

(b) the probation and welfare officer who is supervising the child.

(7) The probation and welfare officer who is supervising the child shall give a copy of the order to the mentor and to the child.

(8) Where—

(a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force—

(i) would not be in the interests of the mentor or the child, or

(ii) is no longer necessary because of the progress made by the child;

(b) the parents or guardian of the child notify the court in writing that they are withdrawing their consent to the making of the order; or

the court may, having regard to the period for which the order was in force and any other relevant circumstances—

(i) revoke the order,

(ii) revoke it and substitute another community sanction, or

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

132. Non-compliance with mentor (family support) order.

132.—Section 130 shall apply, with any necessary modifications, to non-compliance with an order under section 131, or with any condition to which it is subject, as if for the references in section 130 to an order there were substituted references to an order under section 131.

133. Restriction on movement order.

133.—(1) A court may make either or both of the following orders in relation to a child:

(a) an order that the child shall be at a specified residence between specified times during the period commencing at 7.00 p.m. on each day and ending at 6.00 a.m. on each following day,

(b) an order that the child shall stay away from any specified premises, place or locality during specified days or between specified times,

while the relevant order is in force.

(2) An order under subsection (1)(a) shall state—

(a) the period, not exceeding 6 months, during which it is in force, and

(b) the times between which the child concerned shall be at the specified residence.

(3) An order under subsection (1)(b) shall state—

(a) the period, not exceeding 12 months, during which it is in force, and

(b) the days on which or the times between which the child concerned shall stay away from the specified premises, place or locality.

(4) An order under this section may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences.

(5) In determining for the purposes of subsection (1)(a) the times between which a child shall be at a specified residence the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty and any educational course, training or other activity in which the child is participating, and it shall ensure, as far as practicable, that those times do not conflict with the practice by the child of his or her religion.

(6) In determining for the purposes of subsection (1)(b) the premises, place or locality, and the days or times, to be specified in an order under that subsection, the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty, the day or time that the child committed the offence, the place where the offence was committed and the likelihood of the child committing another offence in the same or similar premises, place or locality.

(7) The court shall cause certified copies of its order to be sent to—

(a) the child concerned,

(b) the child’s parents or guardian or, where the residence specified in the order is not that of the parents or guardian, an adult living in the residence so specified,

(c) where the order has not been made by a judge of the court assigned to the district in which the child is to reside, such a judge, and

(d) the member in charge of the Garda Síochána station for the area where the child is to reside.

(8) An order under subsection (1)(b) may relate to one or more than one premises, place or locality.

134. Variation of restriction on movement order.

134.—(1) Where an order under section 133 is in force, the Children Court may, if it so thinks proper, on application by the child concerned or his or her parent or guardian or, where appropriate, an adult living in the residence specified in the order, vary the order by substituting another time or day or another residence for the time, day or residence specified in the order.

(2) The Court shall cause certified copies of the order as so varied to be sent to—

(a) the child concerned,

(b) the child’s parents or guardian or, where the residence specified in the order is not that of the parents or guardian, an adult living in the residence so specified, and

(c) the member in charge of the Garda Síochána for the area where the child is to reside and, where appropriate, the area where the child was residing pursuant to the order under section 133.

(3) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.

135. Provisions regarding more than one restriction on movement order.

135.—(1) Where more than one order under section 133(1)(a) is in force in respect of a child at any time, the period during which a child is required to be at a specified residence shall, notwithstanding subsections (2) and (3), not exceed 6 months.

(2) Where a court makes orders under section 133(1)(a) in respect of two or more offences of which the child concerned has been found guilty, it may direct that the period for which the child is required by any of these orders to be at a specified residence shall be concurrent with or additional to that specified in any other of those orders.

(3) Where a court makes an order under section 133(1)(a) and at the time of the making of the order there is in force in respect of the child concerned another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the child is required by that order to be at a specified residence shall be concurrent with or additional to that specified in the earlier order.

136. Non-compliance with restriction on movement order.

136.—F122[ (1) A member of the Garda Síochána who finds a child in breach of an order under section 133 or of any condition to which it is subject may arrest the child without warrant.

(1A) Where it appears to a court that a child has failed, without reasonable cause, to comply with such an order or any condition to which it is subject, it may—

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

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

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

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

(b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.]

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

(3) F123[…]

(4) The jurisdiction vested in the court under this section shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the circuit or district where the order under section 133 was made.

137. Dual order.

137.—(1) In this section “dual order” means an order which requires a child either—

(a) to be under the supervision of a probation and welfare officer for a specified period, or

(b) to attend at a day centre for a specified period not exceeding 90 days,

and which also restricts the child’s movements for a specified period not exceeding 6 months.

(2) The court may make a dual order where it is of opinion that neither supervision by a probation and welfare officer nor attendance at a day centre, including any conditions to which such supervision or attendance would be made subject, would of itself adequately reduce the likelihood of the child committing further offences.

(3) A dual order shall be deemed for all purposes—

(a) in so far as it imposes a requirement mentioned in subsection (1)(a), to be a probation order,

(b) in so far as it imposes a requirement mentioned in subsection (1)(b), to be a day centre order, and

138. Expiry of community sanction.

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