CHILDREN ACT, 2001

• (i) that subsection in so far as it relates to another person, who is a child and is alive, or

• (ii) section 93.]

• F227[(1C) Subsection (1B) is without prejudice to any other enactment or rule of law applicable to proceedings referred to in subsection (1) that operates to prohibit the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to any person.]

• F226[(2) The court—

• (a) shall, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection (1) in relation to a child referred to in that subsection where the proceedings concerned relate to the death of that child unless it is satisfied that to do so would—

• (i) not be in the best interests of another child referred to in that subsection who is alive, or

• (ii) contravene section 93, and

• (b) may, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection (1) in relation to a child referred to in that subsection where the proceedings concerned do not relate to the death of a child and where the court is satisfied that to so do—

• (i) is appropriate having regard to the best interests of that child,

• (ii) would not be contrary to the best interests of another child referred to in that subsection who is alive, and

• (iii) would not contravene section 93.]

• (3) Where the court dispenses with the requirements of subsection (1), the court shall explain in open court why it is satisfied it should do so.

• (4) Subsections (3) to (6) of section 51 shall apply, with the necessary modifications, for the purposes of this section.

• (5) Nothing in this section shall affect the law as to contempt of court.

253. Mode of charging offences.

253.—(1) Where a person is charged with committing any offence under this Part, or any offence mentioned in Schedule 1, in respect of two or more children, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not, if he or she is summarily convicted, be liable to a separate penalty in respect of each child except upon separate informations.

• (2) The same information or summons may charge such a person—

• (a) with the offences of assault, ill-treatment, neglect, abandonment or exposure together or separately, or

• (b) with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his or her wellbeing, alternatively or together,

but when those offences are charged together the person charged shall not, if he or she is summarily convicted, be liable to a separate penalty for each.

• (3) Where an offence under this Part or any offence mentioned in Schedule 1 charged against any person is a continuing offence, it shall not be necessary to specify in the information, summons or indictment the date of the acts or omissions constituting the offence.

254. Powers of arrest without warrant, etc.

254.—(1) Where a member of the Garda Síochána reasonably suspects—

• (a) that an offence under this Part or any offence mentioned in Schedule 1 has been committed or attempted, and

• (b) that a person has committed any such offence or attempted to commit it,

the member may arrest the person without warrant if the member—

• (i) reasonably suspects that unless the person is arrested he or she either will abscond for the purposes of evading justice or will obstruct the course of justice,

• (ii) having enquired of the person, has reasonable doubts as to the person’s identity or place of abode, or

• (iii) has reasonable grounds for believing that there is an immediate and serious risk to the safety, health or wellbeing of the child concerned.

• (2) Subsection (1) is without prejudice to any other powers exercisable by a member of the Garda Síochána.

• (3) Section 68 (which empowers members of the Garda Síochána to release a child on bail in certain cases) shall apply to a child arrested under this section and section 31 of the Act of 1967 shall apply to an adult so arrested.

• (4) Where a member of the Garda Síochána makes an arrest under this section and the member has reasonable grounds for believing that—

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

• (b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by F228[the F229[Child and Family Agency]] under section 13 of the Act of 1991,

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

• (5) For the purpose of arresting a person under any power conferred by this section a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, may enter (if need be, by force) and search any place where the person is or the member reasonably suspects him or her to be.

255. Power to take deposition of child.

255.—(1) Without prejudice to section 4F of the Act of 1967, where a judge of the District Court is satisfied on the evidence of a registered medical practitioner that the attendance before a court of any child, in respect of whom an offence under this Part, or any offence mentioned in Schedule 1, is alleged to have been committed, would involve serious danger to the safety, health or wellbeing of the child, the judge may take the evidence either—

• (a) by way of sworn deposition, or

• (b) in case the evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992, or section 39 of the Criminal Justice Act, 1999, through such a link.

• (2) The rules mentioned in section 4F(3) of the Act of 1967 shall apply and have effect in relation to the taking of evidence under subsection (1).

• (3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly.

• (4) Notwithstanding the provisions of this section, in any criminal proceedings for an offence under this Part or any offence mentioned in Schedule 1, the evidence of a child under 14 years of age may be taken or received otherwise than on oath or affirmation if the court is satisfied that the child is capable of giving an intelligible account of events which are relevant to those proceedings.

• (5) If any child whose evidence is taken as aforesaid makes a statement material in the proceedings concerned which he or she knows to be false or does not believe to be true, the child shall be guilty of an offence and on being found guilty shall be liable to be dealt with as if he or she had been guilty of perjury.

256. Presumption and determination of age of child victim.

256.—(1) Where in a charge or indictment for an offence under this Part or any offence mentioned in Schedule 1, except an offence under the Criminal Law Amendment Act, 1885, or the Criminal Law Amendment Act, 1935—

• (a) it is alleged that the person by or in respect of whom the offence was committed was a child or was under or had attained any specified age, and

• (b) the person appears to the court to have been at the date of the commission of the alleged offence a child or to have been under or to have attained the specified age, as the case may be,

the person shall for the purposes of this Part be presumed, unless the contrary is proved, at that date to have been a child or to have been under or to have attained that age, as the case may be.

• (2) Where a person is charged with an offence to which subsection (1) applies in respect of a person apparently under a specified age, it shall be a defence to prove that the person was of or over that age.

257. Clearing of court in certain cases.

257.—(1) Where in any proceedings for an offence a person who, in the opinion of the court, is a child is called as a witness, the court may exclude from the court during the taking of his or her evidence all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the court may in its discretion permit to remain.

• (2) The powers of a court under this section shall be in addition and without prejudice to any other power of the court to hear proceedings in camera or to exclude a witness until his or her evidence is required or to Part III (which relates to evidence through a television link in certain proceedings) of the Act of 1992.

• (3) The said Part III and section 22 (which relates to compellability of spouses to give evidence at instance of prosecution in certain cases) of the Act of 1992 are hereby amended by the deletion of “17 years” wherever it occurs and the substitution of “18 years”.

• (4) In this section “the Act of 1992” means the Criminal Evidence Act, 1992.

PART 12A Anti-Social Behaviour by Children

257A. Interpretation (Part 12A).

257A.—(1) In this Part—

“behaviour order” means an order under section 257D;

“behaviour warning” shall be construed in accordance with section 257B;

“child” means a child who is at least 12 years of age and under the age of 18 years;

“good behaviour contract” has the meaning given to it in section 257C;

“Programme” means the diversion programme referred to in section 18.

• (2) For the purposes of this Part, a child behaves in an anti-social manner if the child causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the child—

• (a) harassment,

• (b) significant or persistent alarm, distress, fear or intimidation, or

• (c) significant or persistent impairment of their use or enjoyment of their property.

• (3) This Part does not apply—

• (a) to any behaviour of a child that takes place before this section comes into force, or

• (b) to any act or omission of a child in respect of which criminal proceedings have been instituted against the child.]

257B. F231[Behaviour warning to child.

257B.—(1) Subject to subsection (5), a member of the Garda Síochána may issue a behaviour warning to a child who has behaved in an anti-social manner.

• (2) The behaviour warning may be issued orally or in writing and, if it is issued orally, shall be recorded in writing as soon as reasonably practicable and a written record of the behaviour warning shall be served on the child and his or her parents or guardian personally or by post.

• (3) The behaviour warning or, if it is given orally, the written record of it shall—

• (a) include a statement that the child has behaved in an anti-social manner and indicate what that behaviour is and when and where it took place,

• (b) demand that the child cease the behaviour or otherwise address the behaviour in the manner specified in the warning, and

• (c) include notice that—

• (i) failure to comply with a demand under paragraph (b), or

• (ii) issuance of a subsequent behaviour warning,

may result in an application being made for a behaviour order.

• (4) The member of the Garda Síochána referred to in subsection (1) may require the child to give his or her name and address to the member for the purposes of the behaviour warning or the written record of it.

• (5) A behaviour warning may not be issued more than one month after the time that—

• (a) the behaviour took place, or

• (b) in the case of persistent behaviour, the most recent known instance of that behaviour took place.

• (6) Subject to subsection (7), a behaviour warning remains in force against the child to whom it is issued for 3 months from the date that it is issued.

• (7) If an application is made under section 257D in respect of the child, the behaviour warning remains in force against the child until the application is determined by the Children Court.]

257C. F233[Meeting to discuss anti-social behaviour by child.

257C.—(1) The superintendent in charge of a district, on receipt of a report from a member of the Garda Síochána in that district concerning the behaviour of a child, shall convene a meeting to discuss the child’s behaviour if satisfied that—

• (a) the child has behaved in an anti-social manner and is likely to continue doing so, and

• (b) the child has previously behaved in an anti-social manner, but—

• (i) has not received a warning in respect of previous anti-social behaviour, or

• (ii) holding such a meeting would help to prevent further such behaviour by the child.

• (2) A report under subsection (1) shall be prepared only after a behaviour warning has been given to the child by a member of the Garda Síochána in relation to the child’s anti-social behaviour.

• (3) The report shall include details of the behaviour warning.

• (4) The following persons shall be asked to attend a meeting convened under subsection (1):

• (a) the child;

• (b) his or her parents or guardian;

• (c) the member of the Garda Síochána who warned the child in relation to his or her anti-social behaviour;

• (d) if the child is already participating in the Programme, a juvenile liaison officer.

• (5) The superintendent may request the attendance at the meeting of such other person or persons as he or she considers would be of assistance to the child or the parents or guardian, including a member of the F232[area-based neighbourhood community safety forum (within the meaning of Part 3 of the Policing, Security and Community Safety Act 2024)].

• (6) The meeting shall discuss the child’s behaviour.

• (7) Subject to subsection (8), at the meeting—

• (a) the superintendent shall explain in simple language to the child and the parents or guardian what the offending behaviour is and the effect it is having on any other person or persons,

• (b) the child shall be asked to acknowledge that the behaviour has occurred and to undertake to stop it,

• (c) the parents or guardian shall be asked to acknowledge the child’s behaviour and to undertake to take steps to prevent a recurrence,

• (d) if the child and the parents or guardian agree to give those undertakings, a document (in this section referred to as a “good behaviour contract”) incorporating the undertakings shall be prepared and, where practicable, be signed by the child and the parents or guardian.

• (8) The functions of a superintendent under subsection (7) may, at his or her request, be performed by a member of the Garda Síochána not below the rank of inspector, and in that case the member shall provide the superintendent with a written report of the outcome of the meeting.

• (9) A good behaviour contract shall expire at the end of a period not exceeding 6 months from the date of the meeting but may be renewed by the child and the parents or guardian for a further period of not more than 3 months.

• (10) The superintendent may from time to time review the child’s behaviour in the light of the undertaking given by him or her in the good behaviour contract.

• (11) If the child—

• (a) has behaved, or continues to behave, in breach of the undertaking, or

• (b) in the opinion of the superintendent or the parent or guardian, is likely to so behave,

the superintendent may reconvene the meeting referred to in subsection (1) and renew the contract if the child and the parents so agree.

• (12) A renewal of the contract under subsection (11) shall be for a period not exceeding—

• (a) 6 months from the date of the original contract, or

• (b) 9 months from the date of the original contract,

whichever is the shorter.

• (13) Nothing in this section prevents a child being the subject of a further good behaviour contract if the child and the parents or guardian so agree.

• (14) This subsection applies—

• (a) where a superintendent, having considered a report referred to at subsection (1), does not consider that convening a meeting under this section would help to prevent anti-social behaviour by the child concerned, or

• (b) where such a meeting has been convened and—

• (i) a good behaviour contract was not prepared because the child or the parents or guardian refused to give the necessary undertaking, or

• (ii) the child is in breach of an undertaking given by him or her in such a contract.

• (15) Where subsection (14) applies, either—

• (a) the child shall be admitted to the Programme, in which case Part 4 shall apply accordingly, with any necessary modifications, in relation to him or her, or

• (b) the superintendent, if satisfied that the child’s participation in the Programme would not be appropriate in the circumstances, shall apply to the Children Court for a behaviour order in respect of the child.]

257D. F235[Behaviour order for children over 12.

257D.—(1) The Children Court may, on the application of a member of the Garda Síochána not below the rank of F236[inspector], make an order (in this Part referred to as a “behaviour order”) prohibiting a child of or above the age of 12 years from doing anything specified in the order if the court is satisfied that—

• (a) the child, notwithstanding his or her participation in the procedures provided for in section 257C, has continued and is likely to continue to behave in an anti-social manner,

• (b) the order is necessary to prevent the child from continuing to behave in that manner,

• (c) having regard to the effect or likely effect of that behaviour on other persons, the order is reasonable and proportionate in the circumstances.

• (2) The application shall indicate the extent of the child’s participation in the procedures under section 257C.

• (3) The Court may impose terms or conditions in the behaviour order that it considers appropriate.

• (4) An order under this section may, for the purpose of protecting a person or persons from further anti-social behaviour by a child—

• (a) prohibit a child from behaving in a specified manner, and, where appropriate, from so behaving at or in the vicinity of a specified place,

• (b) require the child to comply with specified requirements, including requirements relating to—

• (i) school attendance, and

• (ii) reporting to a member of the Garda Síochána, a teacher or other person in authority in a school,

and

• (c) provide for the supervision of the child by a parent or guardian or any other specified person or authority with an interest in the child’s welfare.

• (5) The respondent child in an application under this section may not at any time be charged with, prosecuted or punished for an offence if the act or omission that constitutes the offence is the same behaviour that is the subject of the application and is to be determined by the court under subsection (1).

• (6) Unless discharged under subsection (7), a behaviour order remains in force for no more than the lesser of the following:

• (a) 2 years from the date of the order;

• (b) the period specified in the order.

• (7) The Court may vary or discharge a behaviour order on the application of the child concerned or his or her parents or guardian or of a member of the Garda Síochána not below the rank of F236[inspector].

• (8) An applicant under subsection (1) or (7) shall give notice of the application—

• (a) where the applicant under either subsection is a member of the Garda Síochána, to the child and his or her parents or guardian, or

• (b) where the applicant under subsection (7) is the child, to the applicant under subsection (1) and the child’s parents or guardian, and

• (c) where the applicant under subsection (7) is the child’s parent or guardian, to the child and the applicant under subsection (1).

• (9) The standard of proof in proceedings under this section is that applicable to civil proceedings.

• (10) The jurisdiction conferred on the Court by this section may be exercised as follows:

• (a) in respect of subsections (1), (3) and (4), by a judge of the District Court for the time being assigned to the district court district in which the child resides at the time the application is made;

• (b) in respect of subsection (7), by a judge of the District Court for the time being assigned to the district court district in which the child subject to the behaviour order resides at the time the application is made.]

257E. F237[Appeal against behaviour order.

257E.—(1) A child against whom a behaviour order has been made may, within 21 days from the date that the order is made, appeal the making of the order to the Circuit Court.

• (2) An appellant under subsection (1) shall give notice of the appeal to the superintendent in charge of the Garda Síochána district in which the appellant resides.

• (3) Notwithstanding the appeal, the behaviour order shall remain in force unless the court that made the order or the appeal court places a stay on it.

• (4) An appeal under this section shall be in the nature of a rehearing of the application under section 257D and, for this purpose, subsections (1), (3) and (4) of that section apply in respect of the matter.

• (5) If on appeal under this section, the appeal court makes a behaviour order, the provisions of section 257D(6) to (8) apply in respect of the matter.

• (6) Notwithstanding the appeal period described in subsection (1), the Circuit Court may, on application by the child subject to the behaviour order or the child’s parent or guardian, extend the appeal period if satisfied that exceptional circumstances exist which warrant the extension.

• (7) The standard of proof in proceedings by this section is that applicable to civil proceedings.

• (8) The jurisdiction conferred on the Circuit Court under this section may be exercised as follows:

• (a) in respect of section 257D(1), (3) and (4) as those provisions apply to the Circuit Court under subsection (4) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the appellant under this section resides at the time the appeal is commenced;

• (b) in respect of section 257D(7) as it applies to the Circuit Court under subsection (5) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the child subject to the behaviour order resides at the time the application is made;

• (c) in respect of subsection (6) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the child subject to the behaviour order resides at the time the application is made.]

257F. F239[Offences.

257F.—(1) A child commits an offence who—

• (a) fails to give a name and address when required to do so under section 257B(4) or gives a name or address that is false or misleading in response to that requirement, or

• (b) without reasonable excuse, does not comply with a behaviour order to which the child is subject.

• (2) A member of the Garda Síochána may arrest a child without warrant if the member has reasonable grounds to believe that the child has committed an offence under subsection (1)(b).

• (3) A child who is guilty of an offence under this section is liable on summary conviction—

• (a) in the case of an offence under subsection (1)(a), to a fine not exceeding €200, and

• (b) in the case of an offence under subsection (1)(b), to a fine not exceeding €800 or detention in a children detention school for a period not exceeding 3 months or both.

• (4) If a child is ordered to pay a fine and costs on conviction of an offence under subsection (1)(b), the aggregate of the fine and costs shall not exceed €1,500.]

257G. F240[Legal aid.

257G.—(1) Subject to subsection (2), a child who is the subject of an application for a behaviour order may be granted a certificate for free legal aid (in this Part referred to as a “legal aid (behaviour order) certificate”) in preparation for and representation at the hearing of—

• (a) the application,

• (b) any application by the child or his or her parents or guardian to vary or discharge a behaviour order,

• (c) any appeal by the child against the making of the behaviour order, or

• (d) any proceedings in the High Court or Supreme Court arising out of the making of the application, the appeal or any subsequent proceedings.

• (2) A legal aid (behaviour order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate—

• (a) that the means of the child concerned or of his or her parents or guardian are insufficient to enable him or her to obtain legal aid, and

• (b) that, by reason of the gravity of the alleged anti-social behaviour or of exceptional circumstances, it is essential in the interests of justice that the child should have legal aid in preparation for and representation at the hearing concerned.

• (3) A child who is granted a legal aid (behaviour order) certificate is entitled—

• (a) to free legal aid in preparation for and representation at the hearing of the application for a behaviour order and any proceedings referred to in subsection (1)(b), (c) and (d), and

• (b) to have, in such manner as may be prescribed—

• (i) a solicitor assigned to the child in relation to the application for the behaviour order or any application to vary or discharge it,

• (ii) a solicitor assigned to the child in relation to any other such proceedings, and

• (iii) if the court granting the certificate considers it appropriate, a counsel assigned to the child in relation to any other proceedings referred to in subparagraph (ii).

• (4) Where a legal aid (behaviour order) certificate is granted, any fees, costs or other expenses properly incurred in preparation for and representation at the proceedings concerned shall, subject to regulations under section 257H, be paid out of moneys provided by the Oireachtas.

• (5) A child applying for a legal aid (behaviour order) certificate may be required by the court granting the certificate to furnish a written statement of his or her means and the means of his or her parents or guardian.

• (6) A person who, for the purpose of obtaining free legal aid under this section, whether for himself or herself or for some other person, knowingly makes a false or misleading statement or representation either orally or in writing, or knowingly conceals any material fact, is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (7) On conviction of a person for an offence under this section, the court by which the person is convicted may, if in the circumstances of the case it thinks fit, order the person to pay to the Minister the whole or part of any sum paid under subsection (4) in respect of the free legal aid in relation to which the offence was committed, and any sum so paid to the Minister shall be paid into and disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.]

257H. F241[Regulations (legal aid).

257H.—(1) The Minister may make regulations for carrying section 257G into effect.

• (2) The regulations may, in particular, prescribe—

• (a) the form of certificates granted under that section,

• (b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to those certificates, and

• (c) the manner in which solicitors and counsel are to be assigned pursuant to those certificates.

• (3) Regulations in subsection (2)(b) shall not be made without the consent of the Minister for Finance.

• (4) Pending the making of regulations under this section, the regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 shall apply and have effect, with the necessary modifications, in relation to certificates for free legal aid granted under section 257G of this Act as if they were certificates for free legal aid granted under the Criminal Justice (Legal Aid) Act 1962.]

PART 13 Miscellaneous

258. Non-disclosure of certain findings of guilt.

258.—(1) Where a person has been found guilty of an offence whether before or after the commencement of this section, and—

• (a) the offence was committed before the person attained the age of 18 years,

• (b) the offence is not an offence required to be tried by the Central Criminal Court,

• (c) a period of not less than 3 years has elapsed since the finding of guilt, and

• (d) the person has not been dealt with for an offence in that 3-year period,

then, after the end of the 3-year period or, where the period ended before the commencement of this section, after the commencement of this section, the provisions of subsection (4) shall apply to the finding of guilt.

• (2) This section shall not apply to a person who is found guilty of an offence unless he or she has served a period of detention or otherwise complied with any court order imposed on him or her in respect of the finding of guilt.

• (3) Subsection (2) shall not prevent the application of this section to a person who—

• (a) failed to pay a fine or other sum adjudged to be paid by, or imposed on, the person on a finding of guilt or breach of a condition of a recognisance to keep the peace or to be of good behaviour, or

• (b) breached any condition or requirement applicable in relation to an order of a court which renders a person to whom it applies liable to be dealt with for the offence in respect of which the order was made.

• (4)
• (a) A person to whom this section applies shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or found guilty of or dealt with for the offence or offences which were the subject of the finding of guilt; and, notwithstanding any other statutory provision or rule of law to the contrary but, subject as aforesaid—

• (i) no evidence shall be admissible in any proceedings before a judicial authority to prove that any such person has committed or been charged with or prosecuted for or found guilty of or dealt with for any offence which was the subject of that finding, and

• (ii) a person shall not, in any such proceedings, be asked, and, if asked, shall not be required to answer, any question relating to his or her past which cannot be answered without acknowledging or referring to a finding or findings to which this section refers or any circumstances ancillary thereto.

• (b) Subject to any order made under paragraph (d), where a question seeking information with respect to a person’s previous finding of guilt, offences, conduct or circumstances is put to him or her or to any other person otherwise than in proceedings before a judicial authority—

• (i) the question shall be treated as not relating to findings to which this section applies or to any circumstances ancillary to such findings, and the answer thereto may be framed accordingly, and

• (ii) the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose any such findings or any circumstances ancillary to the findings in his or her answer to the question.

• (c) Subject to any order made under paragraph (d)—

• (i) any obligation imposed on any person by any rule of law or by any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him or her to disclose a finding to which this section applies or any circumstances ancillary to the finding (whether the finding is his her own or another’s), and

• (ii) a finding to which this section applies, or any circumstances ancillary thereto or any failure to acknowledge or disclose a finding to which this section applies or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him or her in any way in any occupation or employment.

• (d) The Minister may by order make such provision as in his or her opinion is appropriate—

• (i) for excluding or modifying the application of either or both of subparagraphs (i) and (ii) of paragraph (b) in relation to questions put in such circumstances as may be specified in the order, or

• (ii) for exceptions from the provisions of paragraph (c) in relation to such cases, and findings of such a description, as may be so specified.

• (5) An order under subsection (4)(d) may be amended or revoked by the Minister, including an order under this subsection.

• (6) A draft of any order proposed to be made under this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

• (7) For the purposes of this section any of the following circumstances are circumstances ancillary to a finding, that is to say:

• (a) the offence or offences which were the subject of the finding,

• (b) the conduct constituting that offence or those offences,

• (c) any process or proceedings preliminary to the finding,

• (d) any penalty imposed in respect of it,

• (e) any proceedings (whether by way of appeal or otherwise) for reviewing any such finding or penalty,

• (f) anything done in pursuance of or undergone in compliance with any such penalty.

• (8) For the purposes of this section “proceedings before a judicial authority” includes, in addition to proceedings before a court, proceedings before any tribunal, body or person having power—

• (a) by virtue of any statutory provision, law, custom or practice,

• (b) under the rules governing any association, institution, profession, occupation or employment, or

• (c) under any provision of an agreement providing for arbitration with respect to questions arising thereunder,

to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.

259. Duties of probation officers.

259.—While a child remains under the supervision of a probation and welfare officer pursuant to this Act, whether in accordance with an order of a court or otherwise, the officer shall, subject to the directions of the court, where appropriate, and in addition to the terms of and any conditions attaching to any particular placement—

• (a) visit, assist, advise and befriend the child and, where feasible, the child’s parents or guardian or other adult in whose residence the child may be residing,

• (b) see that the child observes the terms and any conditions attaching to the supervision, and

• (c) when necessary and appropriate, endeavour to find the child suitable employment and accommodation.

260. Interference with supervisor.

260.—Where a child is under the supervision of a probation and welfare officer or a juvenile liaison officer pursuant to this Act, it shall not be lawful for the child’s parents or guardian to exercise, as respects the child, their rights and powers as parents or guardian in such a manner as to interfere with the supervision of the child by the probation and welfare officer or the juvenile liaison officer, as the case may be.

261. Powers of Garda Síochána.

261.—(1) Where, pursuant to this Act, a child is required to remain in a specified residence for specified periods, any member of the

Garda Síochána may call to the residence, at any reasonable time within a period during which the child is required to remain there, for the purpose of establishing that the child is present in the residence at that time.

• (2) The member may request any adult at the residence to produce the child to the member, and failure to do so shall give rise to an inference that the child is not at that time present in the residence.

• (3) In any proceedings against a child for failure to comply with any term or condition of a court order that required the child to remain in a specified residence, a failure under subsection (2) to produce the child may be accepted by a court as evidence of non-compliance with the order.

• (4) Such a failure to produce a child may also render the child, if detained in a children detention school, ineligible for temporary leave from the school in accordance with the rules of the school in that respect.

262. Delegation by F242[Director of the Probation and Welfare Service].

262.—(1) The F242[Director of the Probation and Welfare Service] may, in writing, delegate to a named officer of the probation and welfare service of a specified grade, position or description any specified function of the F242[Director of the Probation and Welfare Service] under this Act and may revoke the delegation.

• (2) The delegation of a function under this section is without prejudice to the right of the F242[Director of the Probation and Welfare Service] to continue to exercise the function.

• (3) The performance of any function delegated under this section shall be subject to the general superintendence and control of the F242[Director of the Probation and Welfare Service] and to such limitations (if any) as may be specified in the instrument of delegation or at any time thereafter.

263. Temporary accommodation of children.

263.—(1) A child may be detained temporarily, but in no case for a period exceeding 24 hours, in a Garda Síochána station or in any other place, being a place designated for the purpose by the Minister, with the agreement of its owner—

• F243[(a) while in transit to a court from a remand centre or children detention school,]

• (b) while a case in which the child is involved is at hearing, or

• F244[(c) while awaiting removal pursuant to this Act to a remand centre or children detention school.]

• (2) The provisions of section 56 (separation of children from adults in Garda Síochána stations) shall apply to a child detained in a Garda Síochána station under subsection (1).

264. Research.

264.—The Minister may conduct or assist other persons in conducting research into any matter connected with children who are considered at risk of committing offences, who have admitted committing offences or who appear before the courts charged with offences.

265. Right of appeal.

265.—An appeal shall lie to the Circuit Court from an order of the Children Court or the District Court committing a child to a children detention school F245[…].

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

266.—Section 5 of the Criminal Law (Rape) Act, 1981, is hereby amended by the substitution of “section 75 (which provides for the summary trial in certain cases of persons under the age of 18 years who are charged with indictable offences) of the Children Act, 2001” for “the Summary Jurisdiction over Children (Ireland) Act, 1884, as amended by section 133(6) of the Children Act, 1908, and section 28 of the Children Act, 1941 (which provides for the summary trial in certain cases of persons under the age of 17 who are charged with indictable offences)”.

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

267.—(1) The Act of 1991 is hereby amended—

• (a) in paragraphs (a) and (b) of section 17(2) (period in care of health board under interim care order), by the substitution of “twenty-eight days” for “eight days”, and

• (b) in section 59 (definitions for purposes of Part VIII), by the deletion of paragraph (c) from the definition of “children’s residential centre”.

• (2) References in Part V (Jurisdiction and Procedure) of the Act of 1991 to Part IV of that Act shall be construed as including references to Part IVB (inserted by section 16) thereof.

268. Children in care of health board.

268.—While a child is in the care of F247[the F248[Child and Family Agency]] pursuant to any provision of this Act, F247[the F248[Child and Family Agency]] shall—

• (a) have the like control over the child as if it were his or her parent, and

• (b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s health, development or welfare.

269. Presumption and determination of age.

269.—Where a person who is charged with an offence is brought before a court and it appears to the court that the person is a child the court shall make due inquiry as to the age of the person, and for that purpose shall take such evidence on oath as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person.

270. Safety of children at entertainments.

270.—(1) Where—

• (a) an entertainment for children or any entertainment at which the majority of the persons attending are children is provided,

• (b) the number of children who attend the entertainment exceeds one hundred, and

• (c) access to any part of the building in which children are accommodated is by stairs, escalator, lift or other mechanical means,

it shall be the duty of the person who provides the entertainment—

• (i) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, so as to prevent more children or other persons being admitted to any such part of the building than that part can properly accommodate,

• (ii) to control the movement of the children and other persons admitted to any such part while entering and leaving, and

• (iii) to take all other reasonable precautions for the safety of the children.

• (2) Where the occupier of a building permits, for hire or reward, the building to be used for the purpose of an entertainment, he or she shall take all reasonable steps to ensure that the provisions of this section are complied with.

• (3) If any person on whom any obligation is imposed by this section fails to fulfil it, he or she shall be liable, on summary conviction, in the case of a first offence, to a fine not exceeding £500 or imprisonment for a term not exceeding 6 months or both and, in the case of a second or subsequent offence, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.

• (4) A member of the Garda Síochána may enter any building in which he or she has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided with a view to seeing whether the provisions of this section are complied with.

• (5) This section shall not apply to any entertainment given in a private residence.

271. Exclusion of members of Defence Forces.

271.—For the purposes of this Act, persons under 18 years of age who are enlisted members of the Defence Forces shall not be regarded as children in any case where they are subject to military law as governed by the Defence Acts, 1954 to 1998.

SCHEDULE 1 Offences Against Children

Sections 251 and

253 to 256.

F249[4. Any offence under the Criminal Law (Sexual Offences) Act 2006.]

F250[9A. An offence under section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012.]

SCHEDULE 2 Enactments Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
10 & 11 Vict., c. 84	Vagrancy (Ireland) Act, 1847	Section 3, the words “or causing or procuring or encouraging any child or children to do so”.
24 & 25 Vict., c. 100	Offences against the Person Act, 1861	Section 27
31 & 32 Vict., c. 59	Irish Reformatory Schools Act, 1868	Section 25
47 & 48 Vict., c. 19	Summary Jurisdiction over Children (Ireland) Act, 1884	The whole Act
8 Edw. 7, c. 59	Prevention of Crime Act, 1908	Section 2
8 Edw. 7, c. 67	Children Act, 1908	The whole Act
10 Edw. 7, c. 25	Children Act (1908) Amendment Act, 1910	The whole Act
No. 10 of 1924	Courts of Justice Act, 1924	Section 80
No. 6 of 1935	Criminal Law Amendment Act, 1935	Section 11
No. 12 of 1941	Children Act, 1941	The whole Act
No. 6 of 1949	Children (Amendment) Act, 1949	The whole Act
No. 2 of 1951	Criminal Justice Act, 1951	Section 24
No. 28 of 1957	Children (Amendment) Act, 1957	The whole Act