PART 7

Children Court

71. —(1) (a) The District Court, when hearing charges against children or when hearing applications for orders relating to a child at which the attendance of the child is required or when exercising any other jurisdiction conferred on the Children Court by or under this or any other Act or by Part III, IV, IVA (inserted by this Act) or V of the Act of 1991, shall be known as the Children Court and is referred to as “the Court” in this Part and Part 8.

(b) When exercising any such jurisdiction the Court shall sit in a different building or room from that in which sittings of any other court are held or on different days or at different times from those on or at which sittings of any such other court are held.

(2) So far as practicable sittings of the Court shall be so arranged that persons attending are not brought into contact with persons in attendance at a sitting of any other court.

(3) Where—

(a) in the course of any proceedings before the Court it appears to it that the person charged or to whom the proceedings relate is 18 years of age or upwards, or

(b) in the course of any proceedings before the District Court sitting otherwise than as the Children Court it appears to the District Court that the person charged or to whom the proceedings relate is under the age of 18 years,

nothing in this section shall be construed as preventing the Court or the District Court, as the case may be, if it thinks it undesirable to adjourn the case, from proceeding to hear and determine it.

(4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment.

(5) Any reference to a juvenile court in any enactment in force immediately before the commencement of this section shall be construed as a reference to the Court.

72. —(1) Subject to subsection (2), a judge of the District Court shall, before transacting business in the Children Court, participate in any relevant course of training or education which may be required by the President of the District Court.

(2) Subsection (1) shall apply only in relation to judges of the District Court appointed on or after 15 December, 1995.

73. —(1) As far as practicable, the hearing of proceedings in the Court shall be arranged so that the time that the persons involved have to wait for the proceedings to be heard is kept to a minimum.

(2) The time stated in every summons requiring a person to appear before the Court shall be a time which the person preparing the summons reasonably expects that the proceedings in respect of which the summons is issued will be heard.

74. —(1) Where—

(a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults,

(b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

(c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or

(d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.

(2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult—

(a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and

(b) that person shall for all purposes be deemed to have been found guilty by the District Court.

75. —(1) Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily.

(2) In deciding whether to try or deal with a child summarily for an indictable offence, the Court shall also take account of—

(a) the age and level of maturity of the child concerned, and

(b) any other facts that it considers relevant.

(3) The Court shall not deal summarily with an indictable offence where the child, on being informed by the Court of his or her right to be tried by a jury, does not consent to the case being so dealt with.

(4) In deciding whether or not to consent under subsection (3) a child may obtain—

(a) the assistance of his or her parent or guardian or, if the child is married to an adult, his or her spouse, or

(b) where the parent or guardian or adult spouse of the child does not for any reason attend the relevant proceedings, the assistance of any adult relative of the child or other adult who is accompanying the child at the proceedings.

(5) If at any time the Court ascertains that a child charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, the Court may, if the child signs a plea of guilty, send him or her forward for sentence with that plea to a court to which, but for that plea, the child would have been sent forward for trial.

(6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General's consent.

(7) (a)  Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.

(b)  In that event—

(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999 ) of the Act of 1967,

(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and

(iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.

76. —Where—

(a) a child is charged with an indictable offence and the charge is made jointly against the child and one or more adults,

(b) a child is charged with an indictable offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

(c) a child is charged with aiding, abetting, counselling or procuring the commission of an indictable offence with which one or more adults are charged at the same time, or

(d) a child is charged with an indictable offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the Children Court shall deal with the child in accordance with section 75 and the adult or adults in accordance with the enactments governing proceedings in the District Court against a person charged with an indictable offence.