In a recent Garda Public Attitude Survey, respondents rated juvenile crime as a major national problem, second only to drug-related crime and violent crime. Furthermore, they rated ‘lack of parental control’ as a significant cause of crime in Ireland.
If you are a parent or guardian, it’s hoped that this article will help create awareness and responsible parental control, which may in turn foster a reduction in juvenile crime.
Ireland committed to promotion of children’s rights when it signed up to the United Nations Convention on the Rights of the Child (UNCRC) in 1992. As a result, the law of the State protects children until they attain the age of majority and are deemed to be able to interact in society as adults. As a consequence, children are considered and treated differently from adults by the criminal justice system in Ireland.
The main legislation in respect of children found to be in breach of the law is contained in the Children Act 2001 as amended by the Criminal Justice Act 2006. The 2001 act is based on the philosophy that children in conflict with the law should only be detained when all other methods to correct them have been explored and used. There are many community-based measures that are usually explored and exhausted before detention is considered.
What defines a child?
A child is defined by the Children Act 2001 as a person under the age of 18 years. The 2001 act does not distinguish between a child and a young person. Provisions in earlier acts distinguished different classes of children (for example, young persons, minors, child) but these distinctions are no longer relevant.
Age of criminal responsibility
The age of criminal responsibility is dealt with in the Children Act of 2001 as amended by the Criminal Justice Act 2006. The age of criminal responsibility was raised from seven years of age to 12 years of age. This effectively means that children who have not reached the age of 12 years cannot be charged with an offence. There is an exception, however, for children aged 10 or 11 who can be charged with murder, manslaughter, rape or aggravated sexual assault.
Although the 2001 act prohibits children under the age of 12 years from being charged and convicted of a criminal offence, they do not enjoy total immunity from action being taken against them.
Section 53 of the Act as amended by Section 130 of the Criminal Justice Act 2006 places an onus on the Garda to take a child under 12 years of age to his/her parents or guardian where they have reasonable grounds for believing that the child has committed an offence with which the child cannot be charged due to the child’s age.
Where this is not possible, the Garda will arrange for the child to be taken into the custody of the Health Service Executive (HSE). It is often the case that children under 12 years of age who commit criminal offences will be dealt with by the HSE and not necessarily by the criminal justice system.
The Children Court
The Children Court was established by the Children Act of 2001, which separated court proceedings involving children from those involving adults. Court proceedings involving children take place in the District Court, which sits as the Children Court.
Furthermore, judges who sit in the Children Court are required to undergo special training or education as deemed necessary by the president of the District Court. The Children Court is designed in the interest of the child and endeavours to operate in a way that has regard to the needs and sensitivities of children concerned.
The Children Court has the jurisdiction to deal with most criminal offences committed by children. Certain offences may not, however, be heard by the Children Court. The crime of rape, for example, must be dealt with in the Central Criminal Court.
In all non-minor offences where a child has been brought before the Children Court the child must be given a choice by the judge (if the judge decides to keep the matter in that court) as to whether the child wants to have the case heard in the Children Court or to go before a judge or jury. Children often seek the assistance of a parent or guardian in making such a decision.
Detention of children
According to the Children Act of 2001, a court may impose a period of detention on a child. Where the child is under 16 years of age the child is detained in a children detention school.
Children aged 16 and 17 are detained in children detention centres. However, the court can only impose a detention order where it is satisfied that it is the only suitable way to deal with the child and, for a child under 16 years of age, a place in a children detention school is available.
If you are familiar with the bases of the law in relation to juvenile crime and the criminal justice system, you may be in a better position to prevent your children from entering the criminal justice system as offenders.
If you are affected in any way by the issues raised in this article and would like advice or support, please consult your solicitor, Barnados, the Childrens Rights Alliance or any reputable children’s NGO.
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University and speaks three west African languages.