Children Act, 2001
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Punishment of certain indictable offences. |
155.—(1) Where a child under the age of 16 years is convicted on indictment of an offence and the court is of opinion that none of the other ways in which the case may be dealt with is adequate, it may by order impose on the child a period of detention which may exceed the 3-year period provided for in section 149 and which shall be served initially in a children detention school and, when the child has attained the age of 16 years, in a place or places determined in accordance with subsections (2) to (6) of this section. | |
(2) Where the court has made an order under this section, the child in respect of whom the order has been made may, subject to subsections (3) and (4), be detained in a children detention school until he or she has attained the age of 18 years and 6 months. | ||
(3) Where the court has made an order under this section, the Director of the children detention school in which the child is detained may, when or after the child attains the age of 16 years, apply in writing to the court that made the order to have the child transferred to a children detention centre. | ||
(4) Any application under subsection (3) in respect of a child who is under 18 years of age at the time of the application shall set out the reasons for the application and the court, if satisfied that those reasons would justify the transfer of the child to a children detention centre, may order that the application be granted. | ||
(5) Where an application under subsection (3) is in respect of a child who has attained 18 years of age or where for any other reason such a child is transferred from a children detention school, the transfer shall be to a place of detention provided under section 2 of the Act of 1970 or to prison. | ||
(6) Any statutory provisions, rules or regulations applying to persons serving a sentence in a children detention centre, in a place of detention provided for under section 2 of the Act of 1970 or in a prison shall, as appropriate, apply and have effect, with any necessary modifications, in relation to children transferred pursuant to this section. | ||
(7) No sentence of detention imposed under subsection (1) for an offence shall be for longer than the term of imprisonment which the court could have imposed on a person of full age and capacity who is convicted of such an offence. | ||
(8) Where a court imposes a period of detention exceeding 3 years, it shall give its reasons for doing so in open court. |