Children Act, 2001
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Escape. |
215.—(1) A child who has been ordered by a court to be detained in a children detention school and who— | |
(a) escapes while being conveyed to or from the school, or | ||
(b) escapes or is otherwise absent without permission from the school or from any hospital or other institution in which the child is receiving medical attention, | ||
shall commit the offence of escape from lawful custody and may at any time be arrested by a member of the Garda Síochána without warrant and returned to the school or, as the case may be, to the hospital or other institution concerned. | ||
(2) Where a child is found guilty of an offence under subsection (1), the court may order that the period of his or her detention in the school shall be increased by up to 3 months, so however that in no case, subject to section 155 , shall the increased period of detention exceed 3 years. | ||
(3) Where a child who is found guilty of an offence under subsection (1) is between 16 and 18 years of age, any period of detention imposed on him or her may be served in a children detention centre designated under section 150 . | ||
(4) Where a person who is found guilty of an offence under subsection (1) is 18 years of age or more, any period of detention imposed on him or her shall be served in a place of detention provided under section 2 of the Act of 1970 or in a prison. | ||
(5) In calculating the period during which a person who, having escaped, is thereafter liable to be detained, the period during which he or she was absent from the children detention school shall not be reckoned as part of the person's period of detention in the school. | ||
(6) Subject to the foregoing provisions of this section, an escape from a children detention school may be treated as a breach of the discipline of the school. |