Children Act, 2001
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Restriction on movement order. |
133.—(1) A court may make either or both of the following orders in relation to a child: | |
(a) an order that the child shall be at a specified residence between specified times during the period commencing at 7.00 p.m. on each day and ending at 6.00 a.m. on each following day, | ||
(b) an order that the child shall stay away from any specified premises, place or locality during specified days or between specified times, | ||
while the relevant order is in force. | ||
(2) An order under subsection (1)(a) shall state— | ||
(a) the period, not exceeding 6 months, during which it is in force, and | ||
(b) the times between which the child concerned shall be at the specified residence. | ||
(3) An order under subsection (1)(b) shall state— | ||
(a) the period, not exceeding 12 months, during which it is in force, and | ||
(b) the days on which or the times between which the child concerned shall stay away from the specified premises, place or locality. | ||
(4) An order under this section may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences. | ||
(5) In determining for the purposes of subsection (1)(a) the times between which a child shall be at a specified residence the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty and any educational course, training or other activity in which the child is participating, and it shall ensure, as far as practicable, that those times do not conflict with the practice by the child of his or her religion. | ||
(6) In determining for the purposes of subsection (1)(b) the premises, place or locality, and the days or times, to be specified in an order under that subsection, the court shall have regard to the age and level of maturity of the child, the nature of the offence of which the child has been found guilty, the day or time that the child committed the offence, the place where the offence was committed and the likelihood of the child committing another offence in the same or similar premises, place or locality. | ||
(7) The court shall cause certified copies of its order to be sent to— | ||
(a) the child concerned, | ||
(b) the child's parents or guardian or, where the residence specified in the order is not that of the parents or guardian, an adult living in the residence so specified, | ||
(c) where the order has not been made by a judge of the court assigned to the district in which the child is to reside, such a judge, and | ||
(d) the member in charge of the Garda Síochána station for the area where the child is to reside. | ||
(8) An order under subsection (1)(b) may relate to one or more than one premises, place or locality. |