PART 8

Proceedings in Court

77. —(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

(a) adjourn the proceedings and direct the health board for the area in which the child is for the time being residing to convene a family welfare conference in respect of the child, and

(b) pending the outcome of the conference, make an emergency care order or a supervision order under the Act of 1991 in respect of the child.

(2) Where a family welfare conference has been held by a health board pursuant to a direction under subsection (1)(a)—

(a) if the health board applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

(b) if it decides not to apply for any such order, it shall inform the Court of—

(i) its reasons for so deciding,

(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and

(iii) any other action which it has taken, or intends to take, with respect to the child.

(3) The Court, on being informed by the health board of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

78. —(1) Where, in any proceedings in which a child is charged with an offence—

(a) the child 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,

(b) it appears to the Court that it is desirable that an action plan for the child should be formulated at a family conference, and

(c) the child and child's parent or guardian, or members of the child's family or relatives of the child who in the opinion of the Court could make a positive contribution at a family conference, agree to attend such a conference and to participate in its proceedings,

the Court may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held.

(2) The Court may direct that the conference consider such matters relating to the child as the Court considers appropriate.

79. —A family conference shall be convened by a probation and welfare officer appointed for that purpose by the principal probation and welfare officer and shall be held not later than 28 days after the date of the direction of the Court.

80. —(1) A family conference shall endeavour to formulate an action plan for the child in respect of whom it has been convened.

(2) Subsections (1) to (5) of section 39 shall apply and have effect in relation to such a plan, with the substitution in subsections (2), (4) and (5) of that section of references to a probation and welfare officer for the references to a facilitator or chairperson and with any other necessary modifications.

81. —The probation and welfare officer who was appointed to convene the family conference shall, as appropriate—

(a) submit to the Court the action plan formulated at the conference,

(b) inform the Court that the conference did not reach agreement on an action plan,

(c) apply to the Court for an extension of the time for holding the conference, or

(d) inform the Court that it has not been possible to hold the conference and that there is little likelihood of its being held.

82. —(1) Where an action plan is submitted to the Court pursuant to section 81 (a), the Court may—

(a) approve of the plan or amend it, and

(b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation.

(2) Where the probation and welfare officer reports to the Court pursuant to section 81 (b) that the family conference did not reach agreement on an action plan, the Court may—

(a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or

(b) resume the proceedings in respect of the offence with which the child is charged.

(3) Where the probation and welfare officer applies to the Court pursuant to section 81 (c) for an extension of the time for holding the family conference, or informs the Court pursuant to section 81 (d) that there is little likelihood of its being held, the Court may—

(a) where it is satisfied that there is a likelihood of the conference being held, grant an extension of time, not exceeding 28 days, for holding it, or

(b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged.

(4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order.

(5) An action plan formulated pursuant to subsection (1)(b) or (2)(a) shall be written in language that can be understood by the child and be signed by the child (or, where appropriate, a person mentioned in section 78 (1)(c) on his or her behalf) and the supervising probation and welfare officer.

83. —Where the Court has ordered a child to comply with an action plan and, on application by the probation and welfare officer who convened the relevant family conference, it appears to the Court that the child has, without reasonable cause, failed to comply with the terms of the plan, the Court may resume the proceedings in respect of the offence with which the child is charged.

84. —At a resumed court sitting to review compliance with the action plan, the Court may resume the proceedings in respect of the offence with which the child is charged and, without prejudice to any other way of dealing with the case, may, if it is satisfied that the child has complied with the plan, dismiss the charge against the child on its merits.

85. —Sections 29, 30(3), 32, 33, 35, 36, 50 and 51 shall apply and have effect in relation to a family conference convened under this Part with the substitution, where appropriate, in those provisions of references to a probation and welfare officer for the references to a juvenile liaison officer, facilitator or chairperson and with any other necessary modifications.

86. —(1) Subject to the provisions of this Part or any direction given by the Court, a family conference may regulate its procedure in such manner as it thinks fit.

(2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

87. —The principal probation and welfare officer shall provide such administrative services as may be necessary to enable a family conference to discharge its functions.

88. —(1) Where the Court remands 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.

(2) Where the child is under the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a junior remand centre.

(3) Where the child is of or over the age of 16 years, he or she shall be remanded to a place designated by order of the Minister under this section as a remand centre.

(4) Where the Court remands a child in custody it shall explain the reasons for its decision in open court in language that is appropriate to the age and level of understanding of the child.

(5) The Minister may, with the agreement of the Minister for Education and Science, by order designate as a junior remand centre any place, including part of any children detention school, which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (2).

(6) The Minister may, with the agreement of the Minister for Education and Science, by order amend an order under subsection (5), including an order under this subsection.

(7) The Minister may by order designate as a remand centre any place (including part of a children detention centre) which in his or her opinion is suitable for the custody of children who are remanded in custody pursuant to subsection (3).

(8) The Minister may by order amend an order made under subsection (7), including an order under this subsection.

(9) The Minister shall cause a copy of any order under subsections (5) to (8) to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

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

(11) Where a junior 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.

(12) Where a remand centre is part of a children detention centre, a child remanded to the remand 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.

(13) The Court shall not remand a child in custody under this section if the only reason for doing so is that the child is in need of care or protection.

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

89. —Section 5 (Payment of moneys into court) of the Bail Act, 1997 , is amended by the addition of the following subsection:

“(4) This section shall not apply in relation to a person under the age of 18 years.”.

90. —(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions:

(a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate,

(b) that the child receives education or undergoes training, as appropriate,

(c) that the child reports to a specified Garda Síochána station at a specified time at such intervals as the Court considers appropriate,

(d) that the child does not associate with a specified individual or individuals,

(e) that the child stays away from a specified building, place or locality except in such circumstances and at such times as the Court may specify,

(f) such other conditions as the Court considers appropriate.

(2) Where a child who is released on bail does not comply with any condition to which the release was subject and is subsequently found guilty of an offence, the Court, in dealing with the child for the offence, may take into account the non-compliance in question and the circumstances in which it occurred.

(3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail.

91. —(1) The parents or guardian of a child shall, subject to subsection (5), be required to attend at all stages of any proceedings—

(a) against the child for an offence,

(b) relating to a family conference in respect of the child, or

(c) relating to any failure by the child to comply with a community sanction or any condition to which the sanction is subject.

(2) Where the parents or guardian fail or neglect, without reasonable excuse, to attend any proceedings to which subsection (1) applies, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian, and the warrant shall command the person to whom it is addressed to produce the parents or guardian before the Court at the time appointed for resuming the proceedings.

(3) Failure by the parents or guardian, without reasonable excuse, to attend any such proceedings shall, subject to subsection (5), be treated for all purposes as if it were a contempt in the face of the court.

(4) At the hearing of any proceedings in respect of the offence with which the child is charged, any parent or guardian who is required to attend the proceedings may be examined in respect of any relevant matters.

(5) The Court may, at any stage of proceedings to which subsection (1) applies, excuse the parents or a parent or the guardian of the child concerned from attendance at all or any part of the proceedings in any case where the Court, either of its own motion or at the request of any of the parties to the proceedings, is of opinion that the interests of justice would not be served by such attendance.

(6) If in any such proceedings the whereabouts of the parents or guardian of the child concerned are unknown, or neither a parent nor a guardian attends the proceedings for any reason, the child may be accompanied during the proceedings by an adult relative or other adult.

(7) This section does not apply to the parents of a child who is married.

92. —Any child while being conveyed to or from the Court or while waiting before or after attendance at the Court shall, as far as practicable, be prevented from associating with an adult, not being a relative or spouse, who is charged with any offence other than an offence with which the child is jointly charged.

93. —(1) In relation to any proceedings before the Court against a child or in relation to a child under Part 9—

(a) no report shall be published or included in a broadcast 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 child concerned in the proceedings, and

(b) no picture shall be published or included in a broadcast as being or including a picture of any child concerned in the proceedings or which is likely to lead to his or her identification.

(2) The Court may dispense to any specified extent with the requirements of this section in relation to a child if it is satisfied—

(a) that it is appropriate to do so for the purpose of avoiding injustice to the child, or

(b) that, as respects a child to whom this section applies and who is unlawfully at large, it is necessary to do so for the purpose of apprehending the child.

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

(4) Subsections (3) to (6) of section 51 shall apply, with the necessary modifications, to matter published or broadcast in contravention of subsection (1).

(5) This section shall apply in relation to proceedings on appeal from the 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.

94. —(1) The Court shall exclude from the hearing of any proceedings before it all persons except—

(a) officers of the Court,

(b) the parents or guardian of the child concerned,

(c) an adult relative of the child, or other adult who attends the Court pursuant to section 91 (6),

(d) persons directly concerned in the proceedings,

(e) bona fide representatives of the Press, and

(f) such other persons (if any) as the Court may at its discretion permit to remain.

(2) The order or decision of the Court (if any) in any such proceedings shall be announced in public.