Children Act, 2001

• Permanent Page URL

Probation (training or activities programme) order.

124.—(1) A court may order that a child shall undertake and complete a programme of training or specified activities in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance, to undertake and complete a programme recommended to the court by a probation and welfare officer as being suitable for the development of the child and as helping to prevent the child from committing further offences through the attainment of positive social values; and for the duration of the programme the child shall comply with any instructions or directions given by or under the authority of the person or body managing the programme.

(4) The programme may be managed by the probation and welfare service or by any person or body recommended to the court by the principal probation and welfare officer, whether or not the person or body is in receipt of any funding from the State, and it need not necessarily cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) An order under this section shall specify—

(a) the programme to be undertaken and completed by the child,

(b) the period during which the order is in force,

(c) the first occasion on which the child shall attend the place where the programme is being organised so as to enable the person in charge of the programme to inform the child of the details of the programme, including the length of time it will take to complete, and

(d) any other conditions that the child is required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(7) Before making an order under this section the court shall be satisfied—

(a) that a programme which is suitable for and reasonably accessible to the child is available,

(b) that the child would benefit from it, and

(c) where the programme is not managed by the probation and welfare service, that the person or body managing it agrees to accept the child.

(8) The court shall cause certified copies of its order to be sent to—

(a) the person or body in charge of the programme,

(b) the probation and welfare officer who is supervising the child, and

(c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult with whom the child is residing while the order is in force.

(9) The person in charge of the programme shall give a copy of the order to the child.