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Substitution of section 88 of Act of 2001.
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135.— The following section is substituted for section 88 of the Act of 2001:
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“Remand in custody.
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88.—(1) Where the Court decides to remand in custody a child—
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(a) who is charged with or found guilty of one or more offences,
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(b) who is being sent forward for trial, or
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(c) in respect of whom the court has postponed a decision,
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the following provisions of this section shall apply in relation to the child.
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(2) The child shall be remanded to a place designated under this section as a remand centre.
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(3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child’s age and level of understanding.
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(4) The Minister may by order designate as a remand centre any place, including part of a children detention school, which in the Minister’s opinion is suitable for the custody of children who are remanded in custody under this section.
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(5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.
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(6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.
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(7) A place may be designated as a remand centre only with the consent of its owners or, as the case may be, its managers.
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(8) Where a remand centre is part of a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.
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(9) Where a remand centre is not part of a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.
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(10) The Court shall not remand a child in custody under this section if the only reason for doing so is that—
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(a) the child is in need of care or protection, or
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(b) the Court wishes the Health Service Executive to assist it under section 76B in dealing with the case.
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(11) Such matters as may be necessary or expedient for enabling remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister.
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(12) Notwithstanding the provisions of this section, males aged 16 or 17 years mentioned in subsection (1) may be remanded to Saint Patrick’s Institution until places in a remand centre are available for males in that age group.
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(13) A child remanded in custody to Saint Patrick’s Institution may be transferred by the Minister to a remand centre.”.
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