CRIMINAL JUSTICE ACT 2006

• (b) the sentence imposed on foot of that conviction is varied on appeal or otherwise,

the court which quashes the conviction or varies the sentence shall forthwith, after the quashing of the conviction or the variation of the sentence, issue to each of the persons referred to in subsection (6) a certificate stating that the conviction has been quashed or stating the variation that has been made in the sentence.

• (5) A certificate purporting to be issued under subsection (1), (2), (3) or (4) shall, in any proceedings, be evidence of the matters stated in it without proof of the signature of the officer of the court purporting to sign it or that that person was authorised to sign it.

• (6) The persons referred to in subsections (1), (2), (3) and (4) are—

• (a) the Garda Síochána,

• (b) the person convicted of the offence concerned, and

• (c) where appropriate, the person for the time being in charge of the place where the convicted person is ordered to be imprisoned.

• (7) The mode of proving a conviction or sentence authorised by subsection (5) shall be in addition to, and not in substitution for, any other authorised mode of proving such conviction or sentence.

• (8) Rules of court may make provision in relation to the form of certificates under this section and the manner in which they may be issued.

97. Proof of foreign conviction in certain cases.

97.— (1) In proceedings against a person for an offence under section 94 (where the person is a person referred to in section 95(1)), the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain either or both—

• (a) particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence,

• (b) a statement that, on a specified date, that person was subject to the first-mentioned requirement in section 95(1)(b)(ii) ,

shall, without further proof, be evidence, until the contrary is shown, of the matters stated therein.

• (2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court).

• (3) The condition mentioned in subsection (1) shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

PART 10 Sentencing

98. Definitions (Part 10).

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

“authorised person” means a person who is appointed in writing by the Minister, or a person who is one of a class of persons which is prescribed, to be an authorised person for the purposes of this Part;

“a direction” means a direction given by the Minister under section 2 of the Criminal Justice Act 1960 authorising the release of a person from prison (within the meaning of that section) for a temporary period;

“governor” includes, in relation to a prisoner, a person for the time being performing the functions of governor;

F30[‘imprisonment’ includes detention in a place provided under section 2 of the Prisons Act 1970 and ‘sentence of imprisonment’ shall be construed accordingly;]

“mandatory term of imprisonment” includes, in relation to an offence, a term of imprisonment imposed by a court under an enactment that provides that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in the enactment;

“offender” means a person in respect of whom a restriction on movement order is, or may be, made under section 101;

“probation and welfare officer” means a person appointed by the Minister to be—

• (a) a probation officer,

• (b) a welfare officer, or

• (c) a probation and welfare officer;

“probation and welfare service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;

“restriction on movement order” means an order made by a court under section 101.

99. Power to suspend sentence.

99.— (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.

• (2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during—

• (a) the period of suspension of the sentence concerned, or

• (b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,

and that condition shall be specified in the order concerned.

• (3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers—

• (a) appropriate having regard to the nature of the offence, and

• (b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,

and any condition imposed in accordance with this subsection shall be specified in that order.

• (4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:

• (a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;

• (b) that the person undergo such—

• (i) treatment for drug, alcohol or other substance addiction,

• (ii) course of education, training or therapy,

• (iii) psychological counselling or other treatment,

as may be approved by the court;

• (c) that the person be subject to the supervision of the probation and welfare service.

• (5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.

• (6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.

• (7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to—

• (a) the Garda Síochána, or

• (b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

• (8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to—

• (a) the probation and welfare service, and

• (b) (i) the Garda Síochána, or

• (ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

• F33[(8A)
• (a) Where a person to whom an order under subsection (1) applies—

• (i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the “triggering offence”), and

• (ii) subject to subsection (8B), is convicted of the triggering offence,

the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held—

• (I) no later than 15 days after such remand, or

• (II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,

and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.

• (b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).

• (c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.

• (8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.

• (8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.

• (8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.

• (8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

• (8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned—

• (a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and

• (b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

• (8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.

• (8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]

• (9) ... [declared unconstitutional, see E-note below]

• (10) ... [declared unconstitutional, see E-note below]

• F34[(10A) F35[…]]

• F36[(11)
• (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.

• (b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]

• (12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.

• (13) Where a member of the Garda Síochána or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

• F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]

• (14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[…](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

• (15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.

• (16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.

• (17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.

• (18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

• F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]

• (19) This section shall not affect the operation of—

• (a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. & O. No. 320 of 1947), or

• (b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.

• F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely—

• (a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

• (b) the period of imprisonment required to be served by the person under subsection (8C), and

• (c) a sentence of a term of imprisonment imposed on the person for another offence of which he or she is convicted,

the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.

• (19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of—

• (a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

• (b) the period of imprisonment required to be served by the person under subsection (8C), and

• (c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,

shall not exceed 2 years.]

• F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]

• F43[(21) Where—

• (a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and

• (b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),

the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).

• (22) Where an order under subsection (1) is made by a court on appeal from another court—

• (a) the reference in subsection (8A) to the court that made the order under subsection (1),

• (b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and

• (c) the reference in subsection (12) to the court that revoked the order under subsection (1),

shall be construed as references to the court from whose order or decision the appeal was taken.

• (23) In this section the “other consecutive sentencing provisions” means—

• (a) section 5 of the Criminal Justice Act 1951,

• (b) section 13 of the Criminal Law Act 1976,

• (c) section 11 of the Criminal Justice Act 1984,

• (d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and

• (e) any other enactment that requires or permits a court to impose a consecutive sentence.]

100. Imposition of fine and deferral of sentence.

100.— (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) —

• (a) impose a fine on that person in respect of the offence, and

• (b) make an order—

• (i) deferring the passing of a sentence of imprisonment for the offence, and

• (ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.

• (2) A court shall not perform functions under subsection (1) unless it is satisfied that—

• (a) the person concerned consents to the sentence of imprisonment being deferred,

• (b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and

• (c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.

• (3) An order under subsection (1) (b) shall specify—

• (a) the date (in this section referred to as the “specified date”) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and

• (b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.

• (4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda Síochána.

• (5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.

• (6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.

• (7) Where a member of the Garda Síochána has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .

• (8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.

• (9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.

• (10) Upon an application by a member of the Garda Síochána for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.

• (11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.

• (12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.

• (13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

• (14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of “, including an order under section 100 (1) of the Criminal Justice Act 2006” after “the person against whom the order shall have been made”.

101. Restriction on movement order.

101.— (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (“a restriction on movement order”) in respect of the person.

• (2) A restriction on movement order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

• (a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

• (b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.

• (3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.

• (4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.

• (5) A restriction on movement order shall specify the restrictions that are to apply to the offender’s movements and, in particular, it shall specify—

• (a) the period during which it is in force,

• (b) the period or periods in each day or week during which the offender shall be in any specified place or places,

• (c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.

• (6) In determining for the purposes of subsection (2) (a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.

• (7) In determining for the purpose of subsection (2) (b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.

• (8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.

• (9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2) (a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

• (10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender’s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.

• (11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language—

• (a) the effect of the order, including any requirement which is to be included in the order under section 102 ,

• (b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and

• (c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,

and the court shall not make the order unless the offender agrees to comply with its requirements.

• (12) The court shall cause certified copies of a restriction on movement order to be sent to—

• (a) the offender,

• (b) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,

• (c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

102. Electronic monitoring of restriction on movement order.

102.— Where the restrictions on an offender’s movements in a restriction on movement order are to be monitored electronically, the order shall include—

• (a) a provision making an authorised person responsible for monitoring the offender’s compliance with it, and

• (b) a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.

103. Variation of restriction on movement order.

103.— (1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by—

• (a) the offender,

• (b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

• (c) a member of an Garda Síochána, or

• (d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order,

vary the order by substituting another period or time or another place for any period, time or place specified in the order.

• (2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate.

• (3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.

• (4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to—

• (a) the offender,

• (b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

• (c) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force, and

• (d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

• (5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

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

104.— (1) Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, notwithstanding subsections (2) and (3), not be for a period of more than 6 months.

• (2) Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.

• (3) Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender 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 offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.

105. Non-compliance with restriction on movement order.

105.— (1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda Síochána or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order, that the offender 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 court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force—

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

• (ii) revoke the order and make another restriction on movement order in respect of the offender, 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,

or

• (b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender 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 offender has complied with the order concerned or any condition to which it is subject.

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

• (4) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

106. Amendment of section 5 of Criminal Justice Act 1951.

106.— Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.

107. Documentary evidence in relation to offenders.

107.— (1) Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

• (a) a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender’s whereabouts were electronically monitored, and

• (b) a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.

• (2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

• (3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.

108. Temporary release of prisoners.

108.— (1) A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person’s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically in accordance with subsection (4).

• (2) Without prejudice to the generality of subsection (1), a direction may include provision—

• (a) requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

• (b) requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.

• (3) A direction shall not be subject to a condition which restricts the movements of a person in accordance with subsection (2)(a) without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

• (4) Where the restrictions on a person’s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include—

• (a) a provision making an authorised person responsible for monitoring the person’s compliance with the condition and the condition referred to in paragraph (b), and

• (b) a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.

• (5) A condition shall not be imposed under subsection (1)(4) or (b) unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.

109. Documentary evidence in relation to prisoners on temporary release.

109.— (1) In any proceedings for an offence under section 6(2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

• (a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person’s whereabouts were electronically monitored, and

• (b) a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender’s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.

• (2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

• (3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.

110. Amendment of section 2(1) of Criminal Justice Act 1960.

110.— Section 2(1) of the Criminal Justice Act 1960 is amended by the insertion of “(including, if appropriate, any condition under section 108 of the Criminal Justice Act 2006)” after “subject to such conditions, as may be specified in the direction”.

111. Regulations regarding electronic monitoring devices.

111.— The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring—

• (a) the compliance of offenders with a requirement under section 102, and

• (b) the compliance of persons with section 108(4).

112. Electronic monitoring.

112.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the monitoring of—

• (a) the compliance of offenders with restriction on movement orders, or

• (b) the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,

or both.

PART 11 Civil Proceedings in Relation to Anti-Social Behaviour

113. Interpretation and application of this Part.

113.— (1) In this Part—

“behaviour warning” has the meaning assigned to it under section 114;

“civil order” means an order described in section 115(1);

“senior member of the Garda Síochána” means a member of the Garda Síochána not below the rank of a superintendent.

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

• (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) in respect of behaviour of a person who is under the age of 18 years at the time the behaviour takes place,

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

• (c) to any act or omission of a person in respect of which criminal proceedings have been instituted against that person.

114. Behaviour warnings.

114.— (1) Subject to subsection (5), a member of the Garda Síochána may issue a behaviour warning to a person 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, it shall be recorded in writing as soon as reasonably practicable and a written record of the behaviour warning shall be served on the person 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 person has behaved in an anti-social manner and indicate what that behaviour is and when and where it took place,

• (b) demand that the person 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 civil order.

• (4) The member of the Garda Síochána referred to in subsection (1) may require the person to give his or her name and address to the member for 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 person to whom it is issued for 3 months from the date that it is issued.

• (7) If an application is made under section 115 in respect of the person, the behaviour warning remains in force against the person until the application is heard or otherwise determined by the District Court.

115. Civil orders.

115.— (1) On application made in accordance with this section, the District Court may make an order (a “civil order”) prohibiting the respondent from doing anything specified in the order if the court is satisfied that—

• (a) the respondent has behaved in an anti-social manner,

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

• (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 court may impose terms or conditions in the civil order that the court considers appropriate.

• (3) An application for a civil order may only be made by a senior member of the Garda Síochána and shall be made—

• (a) on notice to the respondent, and

• (b) in the district court district in which the respondent resides at the time.

• (4) Before making the application, the senior member of the Garda Síochána must be satisfied that either or both of the following conditions have been met:

• (a) the respondent has been issued a behaviour warning and has not complied with one or more of the demands of that warning;

• (b) the respondent has been issued 3 or more behaviour warnings in less than 6 consecutive months.

• (5) The respondent in an application under subsection (1) 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)(a).

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

• (a) two years from the date the order is made;

• (b) the period specified in the order.

• (7) The court may vary or discharge a civil order on the application of the person subject to that order or a senior member of the Garda Síochána.

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

• (a) if the applicant is the person subject to the civil order, to a senior member of the Garda Síochána in the Garda Síochána district in which the applicant resides, or

• (b) if the applicant is a senior member of the Garda Síochána, to the person who is the subject of the civil order.

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

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

• (a) in respect of subsections (1) and (2), by a judge of the District Court for the time being assigned to the district court district in which the respondent 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 person subject to the civil order resides at the time the application is made.

116. Appeals against a civil order.

116.— (1) A person against whom a civil 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 a senior member of the Garda Síochána in the Garda Síochána district in which the appellant resides.

• (3) Notwithstanding the appeal, the civil 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 115 and, for this purpose, subsections (1), (2) and (5) of that section apply in respect of the matter.

• (5) If on appeal under this section, the appeal court makes a civil order, the provisions of section 115(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 person subject to the civil order, extend the appeal period if satisfied that exceptional circumstances exist which warrant the extension.

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

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

• (a) in respect of section 115(1) and (2) 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 115(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 person subject to the civil 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 person subject to the civil order resides at the time the application is made.

117. Offences.

117.— (1) A person commits an offence who—

• (a) fails to give a name and address when required to do so under section 114(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 civil order to which the person is subject.

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

• (3) A person who commits an offence under subsection (1) is liable, on summary conviction, to the following:

• (a) for an offence under subsection (1)(a), a fine not exceeding €500;

• (b) for an offence under subsection (1)(b), a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

118. Legal aid.

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

• (a) the application,

• (b) an application by the person to vary or discharge a civil order,

• (c) any appeal by the person against the making of the civil order, and

• (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 (civil order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate that—

• (a) the means of the person concerned are insufficient to enable that person to obtain legal aid, and

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

• (3) A person who is granted a legal aid (civil order) certificate is entitled—

• (a) to free legal aid in preparation for and representation at the hearing of the application for a civil 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 person in relation to the application for the civil order or any application to vary or discharge it,

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

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

• (4) If a legal aid (civil 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 119, be paid out of moneys provided by the Oireachtas.

• (5) A person applying for a legal aid (civil order) certificate may be required by the court granting the certificate to furnish a written statement of the person’s means.

• (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, commits an offence and is 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.

119. Regulations (legal aid).

119.— (1) The Minister may make regulations for carrying section 118 into effect.

• (2) The regulations may, in particular, prescribe any of the following:

• (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 under those certificates;

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

• (3) Regulations under 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 apply and have effect, with the necessary modifications, in relation to certificates for free legal aid granted under section 118 of this Act as if they were certificates for free legal aid granted under the Criminal Justice (Legal Aid) Act 1962.

PART 12 Amendment of Children Act 2001

120. Interpretation ( Part 12 ).

120.— In this Part—

“Act of 1908” means the Children Act 1908;

“Act of 1970” means the Prisons Act 1970;

“Act of 1991” means the Child Care Act 1991;

“Act of 2001” means the Children Act 2001.

121. Amendment of section 2 of Act of 2001.

121.— Section 2 of the Act of 2001 is amended in subsection (2)—

• (a) by the insertion of the following paragraph after paragraph (a):

• “(aa) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006.”,

• (b) by the deletion of paragraph (c),

• (c) in paragraph (d), by the deletion of “for Education and Science”, and

• (d) by the insertion of the following paragraph after paragraph (e):

• “(f) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint.”.

122. Amendment of section 3 of Act of 2001.

122.— Section 3 of the Act of 2001 is amended in subsection (1)—

• (a) by the insertion of the following definition:

“ “anti-social behaviour” is to be construed in accordance with section 257A(2);”,

• (b) in the definition of “children detention school”, by the substitution of “Minister” for “Minister for Education and Science”,

• (c) in the definition of “detention”, by the deletion of “or a children detention centre designated as such by the Minister under section 150”,

• (d) by the deletion of the definition of “junior remand centre”,

• (e) in the definition of Minister, by the substitution of “Parts 3 and 11” for “Parts 3, 10 and 11”,

• (f) in the definition of “prescribed”, by the deletion of “, the Minister for Education and Science”,

• (g) in the definition of “victim” to insert, after “property”, “and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour”.

123. Substitution of section 18 of Act of 2001.

123.— The following section is substituted for section 18 of the Act of 2001:

“Principle.

18.— Unless the interests of society otherwise require and subject to this Part, any child who—

• (a) has committed an offence, or

• (b) has behaved anti-socially,

and who accepts responsibility for his or her criminal or anti-social behaviour shall be considered for admission to a diversion programme (in this Part referred to as the Programme) having the objective set out in section 19.”.

124. Amendment of section 19 of Act of 2001.

124.— Section 19 of the Act of 2001 is amended by the substitution of the following subsection for subsection (1):

• “(1) The objective of the Programme is to divert any child who accepts responsibility for his or her criminal or anti-social behaviour from committing further offences or engaging in further anti-social behaviour.”.

125. Amendment of section 23 of Act of 2001.

125.— Section 23 of the Act of 2001 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsection (6), a child” for “A child”,

• (b) in subsections (1)(a), (4) and (5), the insertion of “or anti-social” after “criminal”,

• (c) in subsection (1)(c), by the substitution of “is 10 years of age or over that age” for “is of or over the age of criminal responsibility”, and

• (d) by the addition of the following subsection:

• “(6) Notwithstanding subsection (1), a child aged 10 or 11 years shall be admitted to the Programme if—

  • (a) he or she accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, and

  • (b) subsections (2) to (5) apply in relation to the child.”.

126. Substitution of section 48 of Act of 2001.

126.— The following section is substituted for section 48 of the Act of 2001:

“Inadmissibility of certain evidence.

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

• (a) any acceptance by a child of responsibility for criminal or anti-social behaviour in respect of which the child has been admitted to the Programme,

• (b) that behaviour, or

• (c) the child’s involvement in the Programme.

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

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

127. Substitution of section 49 of Act of 2001.

127.— The following section is substituted for section 49 of the Act of 2001:

“Bar to proceedings. 6

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

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

128. Amendment of Title to Part 5 of Act of 2001.

128.— The title to Part 5 of the Act of 2001 is amended by the substitution of “RESTRICTION ON CRIMINAL PROCEEDINGS AGAINST CERTAIN CHILDREN” for “CRIMINAL RESPONSIBILITY”.

129. Substitution of section 52 of Act of 2001.

129.— The following section is substituted for section 52 of the Act of 2001:

“Restriction on criminal proceedings against children.

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

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

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

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

130. Amendment of section 53 of Act of 2001.

130.— Section 53 of the Act of 2001 is amended by the substitution of the following subsection for subsection (1):

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

131. Amendment of section 59 of Act of 2001.

131.— Section 59 of the Act of 2001 is amended by the substitution of the following subsection for subsection (4):

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

132. New section 76A in Act of 2001.

132.— The following section is inserted in the Act of 2001 after section 76, but in Part 8:

“Powers of Court in criminal proceedings against child. 6

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

• (a) under section 76B, to request the attendance of a representative of the Health Service Executive,

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

• (c) under section 77, to direct the Health Service Executive to convene a family welfare conference in respect of the child and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child, or

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

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

133. New section 76B in Act of 2001.

133.— The following section is inserted in the Act of 2001 after section 76A:

“Assistance to Court by Health Service Executive.

76B.— (1) Where—

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

• (b) it appears to the Court that the Health Service Executive may be of assistance to it in dealing with the case,

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

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

• (3) If, having heard the Health Service Executive’s representative, the Court dismisses the case against the child on its merits, the Health Service Executive shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.”.

134. New section 76C in Act of 2001.

134.— The following section is inserted in the Act of 2001 after section 76B:

“Dismissal of case against child under 14 in certain circumstances.

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

135. Substitution of section 88 of Act of 2001.

135.— The following section is substituted for section 88 of the Act of 2001: