CRIMINAL JUSTICE ACT 2006

“Remand in custody.

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

• (a) who is charged with or found guilty of one or more offences,

• (b) who is being sent forward for trial, or

• (c) in respect of whom the court has postponed a decision,

the following provisions of this section shall apply in relation to the child.

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

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

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

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

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

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

• (8) Where a remand centre is part of a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

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

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

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

  • (b) the Court wishes the Health Service Executive to assist it under section 76B in dealing with the case.

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

• (12) Notwithstanding the provisions of this section, males aged 16 or 17 years mentioned in subsection (1) may be remanded to Saint Patrick’s Institution until places in a remand centre are available for males in that age group.

• (13) A child remanded in custody to Saint Patrick’s Institution may be transferred by the Minister to a remand centre.”.

136. Amendment of section 96 of Act of 2001.

136.— Section 96 of the Act of 2001 is amended by the substitution of the following subsection for subsection (5):

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

137. Change in title of principal probation and welfare officer.

137.— The Act of 2001 is amended by the substitution of “Director of the Probation and Welfare Service” for “principal probation and welfare officer” in sections 79, 87, 106(5), 118(3), 118(4), 124(4), 125(4), 126(4), 126(5), 141(2)(b), 207(1), 207(7), 208(1), 208(4), 209, 230(3)(e), 262(1), 262(2) and 262(3).

138. Amendment of section 91 of Act of 2001.

138.— Section 91 of the Act of 2001 is amended—

• (a) in subsection (1)—

• (i) by the deletion of “or” in paragraph (b),

• (ii) by the substitution of “subject, or” for “subject.” in paragraph (c), and

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(d) under section 257D.”,

and

• (b) in subsection (4), by the insertion of “or under section 257D” after “charged”.

139. Substitution of section 93 of Act of 2001.

139.— The following section is substituted for section 93 of the Act of 2001:

“Restriction on reports of proceedings where children concerned.

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

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

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

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

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

    • (i) to avoid injustice to the child,

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

    • (iii) in the public interest,

    or

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

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

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

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

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

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

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

140. Amendment of section 136 of Act of 2001.

140.— Section 136 of the Act of 2001 is amended—

• (a) by the substitution of the following subsections for subsection (1):

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

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

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

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

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

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

    or

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

and

• (b) by the deletion of subsection (3).

141. Substitution of section 149 of Act of 2001.

141.— The following section is substituted for section 149 of the Act of 2001:

“Period of detention in children detention school.

149.— Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence.”.

142. Amendment of section 155 of Act of 2001.

142.— Section 155 of the Act of 2001 is amended—

• (a) by the substitution of the following subsections for subsections (1) to (3):

• “(1) Where—

  • (a) a child is convicted on indictment of an offence and sentenced to detention in a children detention school,

  • (b) the period of detention is served initially in such a school,

  • (c) the child has attained the age of 18 years before the period of detention has expired,

  the person shall be transferred to a place of detention provided under section 2 of the Act of 1970 or a prison to serve the remainder of the period of detention.

• (2) If, on attaining the age of 18 years, the person—

  • (a) is engaged in a particular course of education or in training which is not available in such a place of detention or in a prison, or

  • (b) is nearing the end of his or her period of detention in the school,

  the person may continue to be detained in the school beyond that age for a period not exceeding 6 months.

• (3) Notwithstanding any provision in any enactment, no child shall be transferred from a children detention school to a place of detention provided under section 2 of the Act of 1970 or a prison.”,

• (b) by the deletion of subsections (4) and (5), and

• (c) in subsection (6), by the deletion of “in a children detention centre,”.

143. New section 156A in Act of 2001.

143.— The following section is inserted in the Act of 2001 after section 156, but in Part 9:

“Transitional provision.

156A.— (1) Notwithstanding anything in Part 9, males aged 16 and 17 years sentenced to detention may be detained in Saint Patrick’s Institution or a place of detention until—

• (a) places suitable for the admission of children of those ages become available for designation as children detention schools under section 160, or

• (b) they have completed their period of detention.

• (2) Subject to subsection (3), on or after the making of any such designation, any child serving a period of detention in Saint Patrick’s Institution or a place of detention may be transferred to such a designated children detention school.

• (3) A male aged 16 or 17 years may be transferred from Saint Patrick’s Institution or a place of detention to a children detention school before such a designation is made and may later be transferred back to the Institution or place.

• (4) A child who is serving a period of detention in St. Patrick’s Institution or place of detention shall not have his or her period of detention varied by reason only of a transfer under subsection (2) or (3).

• (5) In this section, “place of detention” means a place of detention provided under section 2 of the Act of 1970.”.

144. New section 156B in Act of 2001.

144.— F46[…]

145. Amendment of section 157 of Act of 2001.

145.— Section 157 of the Act of 2001 is amended—

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

““authorised person” means a person authorised by the Minister under section 185;

“staff” does not include teaching staff;”,

and

• (b) by the deletion of the definitions of “Inspector” and “Minister”.

146. Substitution of section 159 of Act of 2001.

146.— The following section is substituted for section 159 of the Act of 2001:

“Certified schools under Act of 1908.

159.— (1) Subject to subsection (2), a certified reformatory school or industrial school under Part IV of the Act of 1908 shall, with the agreement of the Minister and the Minister for Education and Science, become a children detention school on the commencement of this section in relation to it.

• (2) A certified industrial school under that Part shall, with the agreement of the Minister for Education and Science and the Minister for Health and Children and on the commencement of this section in relation to it, become premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care.

• (3) On the commencement of this section in relation to a certified reformatory school or industrial school the functions relating to which stood vested in the Minister for Education and Science (other than the function of providing education and training and related programmes for children detained in it) immediately before such commencement, such functions shall—

  • (a) if the school becomes a children detention school, be vested in the Minister, or

  • (b) in the case referred to in subsection (2), be vested in the Health Service Executive.

• (4) The lawfulness of the detention, and the period of detention, of a child who is detained in a certified reformatory or industrial school is not affected by the commencement of this section in relation to it.

• (5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991.”.

147. New section 159A in Act of 2001.

147.— The following section is inserted in the Act of 2001 after section 159:

“Education of children in children detention school, residential centres, etc.

159A.— (1) In this section—

“Inspector” and “ recognised school ” have the meanings given to them in section 2 of the Education Act 1998;

“transferred premises” means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991;

“vocational education committee” means a committee established by section 7 of the Vocational Education Act 1930.

• (2) Any recognised school forming part of transferred premises is dissolved.

• (3) A vocational education committee in whose functional area transferred premises are situated shall provide for the education of children in those premises.

• (4) Without prejudice to the generality of subsection (3), each vocational education committee shall, in respect of any such premises—

  • (a) plan, coordinate and review the provision of education and services ancillary thereto,

  • (b) ensure that the education provided therein meets the requirements of education policy as determined from time to time by the Minister for Education and Science,

  • (c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,

  • (d) promote the moral, spiritual, social and personal development of the children concerned, and

  • (e) ensure that the needs of personnel involved in management functions and those in relation to staff development generally are identified and provided for.

• (5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.

• (6) A person who, immediately before the dissolution under this section of a recognised school, is a member of its teaching staff shall, on such dissolution, become an employee of the vocational education committee in whose functional area the recognised school is situated; and the rights and entitlements enjoyed by the person as such employee in respect of tenure, remuneration, fees, allowances, expenses and superannuation shall not, by virtue of the operation of this Act, be any less beneficial than the rights and entitlements enjoyed by that person immediately before the dissolution.”.

148. New section 159B in Act of 2001.

148.— The following section is inserted in the Act of 2001 after section 159A:

“Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).

159B.— (1) In this section—

“board of management” in relation to a certified industrial school, includes managers of the school within the meaning of the Act of 1908;

“certified industrial school” means a certified industrial school under Part IV of the Act of 1908 which becomes transferred premises on the transfer day;

“land” includes any rights, liabilities, powers or privileges relating to or connected with the land;

“property” includes any rights or liabilities relating to or connected with the property;

“transfer day” means the day on which a certified industrial school becomes, by virtue of section 159(2), premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care;

“transferred premises” means premises which on the transfer day become premises so provided and maintained.

• (2) On the transfer day—

  • (a) any land or other property, and any other rights or liabilities, vested in the Minister for Education and Science in relation to the certified industrial school concerned or in its board of management immediately before that day, except any rights or liabilities referred to in paragraph (b), is transferred to and vested in the Health Service Executive without any conveyance or assignment,

  • (b) any rights or liabilities—

    • (i) of the Minister for Education and Science in relation to the school or of its board of management, and

    • (ii) relating to or connected with members of its teaching staff or their teaching functions,

    however arising immediately before that day are transferred to and vested without any assignment in the vocational education committee in whose functional area the transferred premises are situated.

• (3) Any rights or liabilities transferred under this section may on and after the transfer day be sued on, recovered or enforced by or against the Health Service Executive or the vocational education committee concerned in its own name, and it shall not be necessary for the Executive or committee to give notice of the transfer to the person whose rights or liabilities are so transferred.

• (4) Subject to subsection (5), where any proceedings to which the certified industrial school concerned or its board of management is a party are pending immediately before the transfer day, the Minister for Education and Science shall be substituted for the school or board as a party to the proceedings on and after that day, and the proceedings shall not abate by reason of the substitution.

• (5) Where—

  • (a) the Minister for Education and Science is a party to proceedings pending immediately before the transfer day in relation to a certified industrial school or its board of management, whether by virtue of subsection (4) or otherwise, and

  • (b) the Minister and the Health Service Executive or vocational education committee concerned agree that the Executive or committee should be substituted for the Minister as a party to the proceedings,

  the Executive or the committee shall notify the other parties to the proceedings accordingly, and the proceedings shall not abate by reason of the substitution.

• (6) A person who was an employee of the certified industrial school concerned (other than a member of its teaching staff) immediately before the transfer day shall on that day become an employee of the Health Service Executive, and the rights and entitlements enjoyed by the person as such employee in respect of his or her terms and conditions of employment, including remuneration, allowances and superannuation, shall not by virtue of the operation of this Act be any less beneficial than the rights and entitlements enjoyed by that person immediately before that day.

• (7) The functions, including powers and duties, of the Minister for Health and Children under the Child Care Act 1991, as amended, and the Health Acts 1947 to 2006 in relation to premises provided and maintained under section 38(2) of the Act of 1991 by the Health Service Executive for the provision of residential care for children in care apply and have effect in relation to transferred premises.

• (8) A child who is found guilty of an offence may not be ordered to be placed or detained in transferred premises.

• (9) The Minister for Education and Science shall, before the commencement of section 159(2), direct the transfer of each child convicted of an offence or on remand in respect of an offence from any place which, on such commencement, becomes transferred premises to a certified reformatory or industrial school under Part IV of the Act of 1908 or a children detention school to serve the whole or any part of the unexpired residue of his or her period of detention.

• (10) This section is without prejudice to section 159A.”.

149. Amendment of section 161 of Act of 2001.

149.— Section 161 of the Act of 2001 is amended—

• (a) by the substitution of the following subsections for subsection (1):

• “(1) The Minister may enter into arrangements with any person or body for the provision by that person or body on behalf of the Minister of a place (except a prison) where children found guilty of offences can be detained.

• (1A) Before entering into any such arrangements, the Minister shall be satisfied that the place provides treatment or other facilities not available in children detention schools.

• (1B) The Minister may enter into arrangements under subsection (1) with more than one such person or body.

• (1C) A child detained in a children detention school may be transferred to a place provided under subsection (1) with the agreement of the Minister and the person or body providing the place and, with such agreement, may be transferred back to that school”,

and

• (b) by the insertion of the following subsection:

• “(7) In this section, “place” includes part of a building.”.

150. Amendment of section 165 of Act of 2001.

150.— Section 165 of the Act of 2001 is amended—

• (a) in subsection (1)(b), by the substitution of “risk, and” for “risk,”, and

• (b) by the deletion of paragraph (c) of subsection (1).

151. Substitution of section 185 of Act of 2001.

151.— The following section is substituted for section 185 of the Act of 2001:

“Inspection of children detention schools.

185.— (1) The Minister shall cause each children detention school to be inspected.

• (2) An inspection shall be conducted by a person authorised in that behalf by the Minister.

• (3) The person so authorised shall have expertise and experience in relation to the inspection of children’s residential accommodation.”.

152. Substitution of section 186 of Act of 2001.

152.— The following section is substituted for section 186 of the Act of 2001:

“Functions of authorised person.

186.— (1) A person authorised under section 185 shall carry out inspections at least once every 12 months of each children detention school.

• (2) Without prejudice to the generality of subsection (1), an authorised person shall, in carrying out an inspection of any such school, pay particular attention to—

  • (a) the conditions in which the children are detained and the facilities available to them,

  • (b) their health, safety and well-being,

  • (c) policies and practice concerning the preservation and development of relationships between them and their families,

  • (d) policies and practice concerning their discipline, care and protection, and

  • (e) policies and practice in relation to the normal routine of the school.

• (3) The authorised person may hear complaints by children who at any time were or who are detained in a children detention school, and for that and any other purpose—

  • (a) may interview them and any member of the staff in the school concerned, and

  • (b) shall have access to records, whether in legible or non-legible form, relating to the administration of the school and the children detained therein.

• (4) Any interviews with children shall be with their consent and may, if they agree, take place in private.

• (5) The authorised person—

  • (a) shall not be an employee of any children detention school which the person inspects, and

  • (b) shall be independent in the exercise of his or her functions in carrying out inspections.

• (6) The authorised person shall submit a report to the Minister in relation to any inspection carried out under this section and publish the report at the same time as it is so submitted.”.

153. New section 186A in Act of 2001.

153.— The following section is inserted in the Act of 2001 after section 186:

“Investigation of matters arising in relation to children detention schools, etc.

186A.— (1) Where—

• (a) matters of concern in relation to a children detention school or place provided under section 161 are raised in a report of a person authorised under section 186 or otherwise, and

• (b) the Minister is satisfied that it would be desirable to investigate those matters,

the Minister shall appoint a person (in this section referred to as an “Inspector”) to investigate and report to him or her thereon.

• (2) The Inspector shall carry out an investigation into the matters referred to in subsection (1) and such other matters relevant to them as he or she considers necessary for the purposes of the investigation.

• (3) For those purposes, the Inspector may—

  • (a) enter any children detention school or place provided under section 161,

  • (b) examine the records, whether in legible or non-legible form, of the school or place, and

  • (c) interview members of the staff of the school, including the Director, and members of its board of management or, as the case may be, members of the staff and managers of the place.

• (4) The Inspector—

  • (a) shall not be an employee of any children detention school which he or she inspects,

  • (b) shall be independent in the exercise of his or her functions in carrying out inspections, and may interview any child who at any time was or who is detained in a children detention school.

• (5) Any such interview shall be with the consent of the child concerned and may, if the child agrees, take place in private.

• (6) The Inspector shall submit a report to the Minister in relation to the investigation.

• (7) Each such report shall, where appropriate, contain recommendations which in the Inspector’s opinion require to be implemented.

• (8) A copy of each such report shall be laid by the Minister before each House of the Oireachtas.

• (9) Before laying a report before each House of the Oireachtas pursuant to subsection (3), the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

• (10) An appointment of an Inspector shall be for a specified investigation, but the Minister may appoint the same person to carry out a further investigation or investigations as the Minister considers appropriate.

• (11) The appointment of an Inspector shall be on such terms and conditions as may be determined by the Minister with, in the case of any terms and conditions relating to remuneration, the consent of the Minister for Finance.”.

154. Substitution of section 198 of Act of 2001.

154.— The following section is substituted for section 198 of the Act of 2001:

“Transfer between schools.

198.— (1) The Minister may direct the transfer of a child detained in a children detention school to another such school to serve the whole or any part of the remainder of the child’s period of detention if—

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

• (b) the Minister considers that the transfer is necessary in the interests of the good governance of children detention schools,

and, in either case, the school to which the child is transferred provides the conditions and facilities necessary for it to achieve its principal object in the case of the child.

• (2) Before giving a direction under this section, the Minister shall consult the Directors of the children detention schools from and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s interests or whether another course should be adopted in respect of the child.

• (3) A direction under subsection (1) may be given at the request of the Director of a children detention school and, if so given, this section shall apply in relation to the direction with the necessary modifications.”.

155. Amendment of section 215 of Act of 2001.

155.— Section 215 of the Act of 2001 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) A child found guilty in the Children Court of an offence under subsection (1) may be sentenced to detention for a period not exceeding 3 months.”,

and

• (b) by the deletion of subsection (3).

156. Amendment of section 227 of Act of 2001.

156.— Section 227(1) of the Act of 2001 is amended—

• (a) by the substitution of “and to” for “and ensure”,

• (b) in paragraph (a), by the substitution of “advise on the coordination of” for “coordinate”,

• (c) in paragraph (b), by the substitution of “advise on” for “ensure”,

• (d) by the substitution of the following paragraph for paragraph (c):

• “(c) in consultation with the Health Service Executive, prepare and publish criteria for the admission to and discharge from special care units of children subject to special care and interim special care orders,”,

and

• (e) by the deletion of paragraph (d).

157. Amendment of section 230 of Act of 2001.

157.— Section 230 of the Act of 2001 is amended—

• (a) in subsection (1), by the substitution of “11” for “12”, and

• (b) by the substitution of the following subsection for subsection (3):

• “(3) The members of the Board shall include—

  • (a) three persons nominated by the Minister for Justice, Equality and Law Reform,

  • (b) three persons, two of whom shall be representatives of the Health Service Executive,

  • (c) three experts in child care, and

  • (d) three persons with relevant experience in dealing with issues of educational disadvantage or exclusion, nominated by the Minister for Education and Science.”.

158. Minor and consequential amendments of Act of 2001.

158.— Each provision of the Act of 2001 specified in Schedule 4 to the Criminal Justice Act 2006 is amended in the manner specified in the third column opposite the mention of that provision in the second column of that Schedule.

PART 13 Anti-Social Behaviour by Children

159. New section 257A in Act of 2001.

159.— The following title and section is inserted in the Act of 2001 after section 257:

“PART 12A

Anti-Social Behaviour by Children

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.”.

160. New section 257B in Act of 2001.

160.— The following section is inserted in the Act of 2001 after section 257A:

“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.”.

161. New section 257C in Act of 2001.

161.— The following section is inserted in the Act of 2001 after section 257B:

“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 local policing forum (within the meaning of the Garda Síochána Act 2005).

• (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.”.

162. New section 257D in Act of 2001.

162.— The following section is inserted in the Act of 2001 after section 257C:

“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 superintendent, 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 superintendent.

• (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.”.

163. New section 257E in Act of 2001.

163.— The following section is inserted in the Act of 2001 after section 257D:

“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.”.

164. New section 257F in Act of 2001.

164.— The following section is inserted in the Act of 2001 after section 257E:

“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.”.

165. New section 257G in Act of 2001.

165.— The following section is inserted in the Act of 2001 after section 257F:

“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.”.

166. New section 257H in Act of 2001.

166.— The following section is inserted in the Act of 2001 after section 257G:

“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 14 Criminal Law Codification Advisory Committee

167. Criminal Law Codification Advisory Committee.

167.— There stands established a body, which shall be known as An Coiste Comhairleach um Chódú an Dlí Choiriúil or, in the English language as, the Criminal Law Codification Advisory Committee and is in this Part referred to as the “Committee”, to perform the functions assigned to it by this Act.

168. Functions of Committee.

168.— (1) The function of the Committee shall be to oversee the development of a programme for the codification of the criminal law.

• (2) Without prejudice to the generality of subsection (1) , the Committee shall—

• (a) plan, monitor and review the implementation of a programme for the development of a criminal code (“the code”),

• (b) advise and assist the Minister on consolidation of areas of criminal law for inclusion in the code,

• (c) advise and assist the Minister in relation to the amendment and future maintenance of the code,

• (d) undertake or commission, or collaborate or assist in, research projects relating to the codification of criminal law,

• (e) consult, on any particular matter which the Committee considers relevant, persons qualified to give opinions thereon,

• (f) monitor, review and advise and assist the Minister on international developments in the codification of criminal law in so far as they may be relevant to the development of the code,

• (g) advise and assist the Minister on any other related issues, including issues submitted by the Minister to the Committee for consideration.

169. Membership of Committee.

169.— (1) The Committee shall consist of the following members, that is to say, a chairperson and such and so many ordinary members as may be appointed from time to time as occasion requires by the Minister.

• (2) The members of the Committee shall be appointed by the Minister from among persons who in the opinion of the Minister have experience of, and expertise including Human Rights expertise in relation to, matters connected with the functions of the Committee.

170. Conditions of office of members of Committee.

170.— (1) The Minister may at any time, for stated reasons, terminate a person’s membership of the Committee.

• (2) A member of the Committee may resign his or her membership of the Committee by notice in writing given to the Minister, and the resignation shall take effect on the day on which the Minister receives the notice.

• (3) A member of the Committee shall, subject to the provisions of this Part, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as the Minister, with the consent of the Minister for Finance, may from time to time determine.

171. Vacancies among members of Committee.

171.— If a member of the Committee dies, resigns, or ceases to be a member of the Committee, the Minister may appoint a person to be a member of the Committee to fill the vacancy so occasioned in the same manner as the member of the Committee who occasioned the vacancy was appointed.

172. Meetings and procedure.

172.— (1) The Committee shall hold such and so many meetings as may be necessary for the performance of its functions and the achievement of its programme of work and may make such arrangements for the conduct of its meetings and business (including the establishment of subcommittees and the fixing of a quorum for a meeting) as it considers appropriate.

• (2) The Committee may act notwithstanding one or more vacan-cies among its members.

• (3) Subject to the provisions of this Part, the Committee shall regulate its own procedure by rules or otherwise.

• (4) At a meeting of the Committee—

• (a) the chairperson of the Committee shall, if present, be the chairperson of the meeting, or

• (b) if and so long as the chairperson of the Committee is not present, or if that office is vacant, the members of the Committee who are present shall choose one of their number to be chairperson of the meeting.

• (5) A member of the Committee, other than the chairperson, who is unable to attend a meeting of the Committee, may nominate a deputy to attend in his or her place.

173. Programme of Work of Committee.

173.— (1) The Minister shall, as soon as may be after the commencement of this Part and thereafter, at least once in every 2 years, after consultation with the Committee, determine a programme of work to be undertaken by the Committee over the ensuing specified period.

• (2) Notwithstanding subsection (1) , the Minister may, from time to time, amend the programme of work, including the period to which the programme relates.

174. Funding of Committee.

174.— For the purposes of expenditure by the Committee in the performance of its functions, the Minister may in each financial year, with the consent of the Minister for Finance, advance to the Committee out of moneys provided by the Oireachtas such sum or sums as the Minister, after consultation with the Committee, may determine.

175. Report of Committee.

175.— (1) The Committee shall, not later than 3 months after the end of each calendar year, prepare and submit to the Minister a report on the performance of its functions and activities during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within a period of 2 months from the receipt of the report.

• (2) A report under subsection (1) shall be in such form as the Minister may approve and shall include information in such form and regarding such matters as the Minister may from time to time direct.

• (3) The Committee shall supply to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

PART 15 Miscellaneous

176. Reckless endangerment of children.

176.— (1) In this section—

“abuser” means an individual believed by a person who has authority or control over that individual to have seriously harmed or sexually abused a child or more than one child;

“child” means a person under 18 years of age, except where the context otherwise requires;

“serious harm” means injury which creates a substantial risk of death or which causes permanent disfigurement or loss or impairment of the mobility of the body as a whole or of the function of any particular member or organ;

“sexual abuse” means an offence under paragraphs 1 to 13 and 16(a) and (b) of the Schedule to the Sex Offenders Act 2001.

• (2) A person, having authority or control over a child or abuser, who intentionally or recklessly endangers a child by—

• (a) causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or

• (b) failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation,

is guilty of an offence.

• (3) Where a person is charged with an offence under subsection (2), 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.

• (4) A person guilty of an offence under this section is liable on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both.

177. Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.

177.— (1) The Criminal Justice Act 1951 is amended by the substitution of the following section for section 7:

“Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.

7.— Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act 1851 shall not apply to a complaint in respect of:

• (a) a scheduled offence, or

• (b) an offence that is triable—

  • (i) at the election of the prosecution, either on indictment or summarily, or

  • (ii) either on indictment or, subject to certain conditions including the consent of the prosecution, summarily.”.

• (2) This section shall not have effect in relation to an offence committed before the commencement of this section.

178. Amendment of Courts of Justice Act 1924.

178.— The Courts of Justice Act 1924 is amended by the insertion of the following section after section 79:

“Exercise of jurisdiction by District Court judges in criminal cases.

79A.— (1) Where, in respect of a crime committed in the State—

• (a) the accused does not reside in the State,

• (b) he or she was not arrested for and charged with the crime in the State, and

• (c) either—

  • (i) the crime was committed in more than one district court district, or

  • (ii) it is known that it was committed in one of not more than five district court districts, but the particular district concerned is not known,

  then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in each of the districts concerned and a judge assigned to any of the districts concerned may deal with the case.

• (2) Where the circumstances of a crime committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the district court district in which the crime was committed is not known, then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in the Dublin Metropolitan District.

• (3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused for the purposes of arresting him or her for and charging him or her with the crime concerned.

• (4) Where a judge for the time being assigned to a district court district exercises jurisdiction in a criminal case by virtue of this section, the judge or any other judge assigned to the district shall have jurisdiction in the case until its conclusion in the District Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in the case.

• (5) A judge for the time being assigned to a district court district who exercises jurisdiction in a criminal case by virtue of this section may deal with the case in any court area within his or her district.”.

179. Amendment of Courts (Supplemental Provisions) Act 1961.

179.— The Courts (Supplemental Provisions) Act 1961 is amended—

• (a) in section 25(4), by the insertion of “and section 25A of this Act” after “subsection (3) of this section”, and

• (b) by the insertion of the following section after section 25:

“Exercise of jurisdiction by Circuit Court judges in indictable offences.

25A.— (1) Where, in respect of an offence committed in the State—

• (a) the accused person does not reside in the State,

• (b) he or she was not arrested for and charged with the offence in the State, and

• (c) either—

  • (i) the offence was committed in more than one circuit, or

  • (ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known,

  then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case.

• (2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit.

• (3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused person for the purposes of arresting him or her for and charging him or her with the offence concerned.

• (4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence.

• (5) In this section ‘offence’ means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.”.

180. Exercise of certain powers by judge of District Court outside district court district.

180.— The Courts (Supplemental Provisions) Act 1961 is amended by the insertion of the following section after section 32:

6“Exercise of certain powers by judge of District Court outside district court district.

32A.— (1) This section applies to the following powers of a judge of the District Court:

• (a) the power to issue a warrant for the arrest of a person;

• (b) the power to issue a warrant to a member of the Garda Síochána or, if appropriate, any other person authorising the entry to, and search of, any place or premises (including a dwelling) and, if appropriate, the search of any person found at such place or premises for all or any of the following purposes:

• (i) the gathering of evidence of, or relating to, the commission or attempted commission of any criminal offence;

• (ii) the gathering of evidence of, or relating to, the contravention in any other respect of any provision of an enactment;

• (iii) ascertaining whether there is or has been compliance with any provision of an enactment;

• (iv) the gathering of evidence of, or relating to, assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or to their identity or whereabouts;

• (c) the power to make an order, upon the application of a member of the Garda Síochána or, if appropriate, any other person, directing another person to produce, make available for inspection or to give access to any particular document, material or thing, or documents, material or things of a particular description, for the purposes of investigating—

• (i) any criminal offence,

• (ii) whether there is or has been a contravention in any other respect of any provision of an enactment, or

• (iii) whether a person has benefited from assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or is in receipt of or controls such assets or proceeds.

• (2) A judge of the District Court may, in relation to a relevant district, exercise while in any place in the State outside that relevant district any of the powers to which this section applies for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court in that relevant district.

• (3) Without prejudice to the generality of paragraph (b) of subsection (1) of this section, a warrant may fall within that paragraph notwithstanding that the warrant or the power under which it is issued authorises all or any of the following:

• (a) the entry, if necessary by the use of force, to a place or premises (including a dwelling);

• (b) the doing of acts in addition to the acts specified in subsection (1)(b) of this section;

• (c) the execution of the warrant by a person other than the member of the Garda Síochána or, if appropriate, any other person to whom it is issued;

• (d) the accompaniment of the person executing the warrant by any other persons during the execution thereof.

• (4) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order may fall within that paragraph notwithstanding that the order or the power under which it is made authorises all or any of the following:

• (a) a member of the Garda Síochána or any other person to enter a place for the purpose of inspecting or getting access to any document, material or thing or documents, material or things of a particular description;

• (b) the execution of the order by a person other than the member of the Garda Síochána or, if appropriate, any other person who applies for it;

• (c) the retention, or copying, for the purposes of proceedings (criminal or civil) by a member of the Garda Síochána or any other person of any document, material or thing, or documents, material or things of a particular description, produced, made available for inspection or to which access is given.

• (5) In this section—

‘enactment’ means a statute or an instrument made under a power conferred by statute;

‘district’ means a district court district;

‘relevant district’, in relation to a judge of the District Court, means a district—

• (a) to which he or she is permanently assigned under paragraph 2 of the Sixth Schedule to this Act,

• (b) to which he or she is temporarily assigned under subparagraph (1) or (2) of paragraph 3 of the said Schedule, or

• (c) in relation to which he or she is acting in the circumstances specified in subparagraph (1), (2) or (3) of paragraph 4 of the said Schedule for another judge of the District Court who is permanently assigned to the district.”.

181. Anonymity of certain witnesses.

181.— (1) Where in any criminal proceedings—

• (a) it is proposed to call a person to give evidence, and

• (b) the person has a medical condition,

an application may be made for an order under this section prohibiting the publication of any matter relating to the proceedings which would identify the person as a person having that condition.

• (2) An application for such an order may be made at any stage of the proceedings and shall be made—

• (a) in case the accused person has been sent forward for trial, to the trial judge,

• (b) in case the proceedings are proceedings on appeal, to the judge, or a judge, of the appeal court,