PART 13

Miscellaneous

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) any penalty imposed in respect of it,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The delegation of a function under this section is without prejudice to the right of the principal probation and welfare officer to continue to exercise the function.

(3) The performance of any function delegated under this section shall be subject to the general superintendence and control of the principal probation and welfare officer and to such limitations (if any) as may be specified in the instrument of delegation or at any time thereafter.

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

(a) while in transit to a court from a junior remand centre, remand centre, children detention school or children detention centre designated as such under section 150 (1),

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

(c) while awaiting removal pursuant to this Act to a junior remand centre, remand centre, children detention school or children detention centre so designated.

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

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

265. —An appeal shall lie to the Circuit Court from an order of the Children Court or the District Court committing a child to a children detention school or a place of detention designated under section 150 .

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

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

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

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

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

268. —While a child is in the care of a health board pursuant to any provision of this Act, the health board shall—

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

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

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

270. —(1) Where—

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

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

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

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

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

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

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

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

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

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

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

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