Children (Amendment) Act 2015

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Amendment of section 42 of Criminal Justice Act 1999

31. Section 42 of the Criminal Justice Act 1999 is amended—

(a) by the substitution, other than in subsection (1), of “prisoner or child detainee” for “prisoner” wherever it occurs,

(b) in subsection (1) —

(i) by the insertion of the following definitions:

“ ‘Act of 2001’ means the Children Act 2001 ;

‘board of management’ in relation to a remand centre that is not situated in a children detention school, means the board of management of the remand centre appointed under section 88(9) of the Act of 2001;

‘child detainee’ means a person who—

(a) is detained in a children detention school, or on remand in a remand centre, pursuant to the Act of 2001, or

(b) is under the age of 18 years and is detained or remanded in a place of detention;

‘children detention school’ has the same meaning as it has in section 3 of the Act of 2001;

‘Director’ has the same meaning as it has in section 157 of the Act of 2001;

‘place of detention’ means—

(a) Saint Patrick’s Institution, or

(b) a place of detention provided under section 2 of the Prisons Act 1970 ;

‘remand centre’ has the same meaning as it has in section 3 of the Act of 2001.”,

(ii) in the definition of “prison”, by the substitution of “place of custody, other than a place of detention in respect of the detention or remand of child detainees therein,” for “place of custody”, and

(iii) in the definition of “prisoner”, by the substitution of “or otherwise;” for “or otherwise.”,

(c) in subsection (2) —

(i) in paragraph (a), by the substitution of “imprisoned, detained or remanded, as the case may be ” for “imprisoned”, and

(ii) in paragraph (c) —

(I) by the substitution of “imprisonment, detention or remand, as the case may be, ” for “imprisonment”, and

(II) by the substitution of “prisoner’s or child detainee’s, as the case may be,” for “prisoner’s”,

(d) by the substitution of the following subsection for subsection (6):

“(6) On termination of the detention in accordance with subsection (5) or by reason of the expiry of the period referred to in subsection (3) (a), the member of the Garda Síochána in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred, forthwith back into the custody of, as the case may be—

(a) the governor of the prison where the person was imprisoned at the time of the arrest,

(b) the governor of the place of detention where the child detainee was detained or remanded, as the case may be, at the time of the arrest,

(c) the Director of the children detention school—

(i) where the child detainee was detained at the time of the arrest, or

(ii) in which the remand centre where the child detainee was remanded at the time of the arrest was situated within the meaning of section 88 of the Act of 2001,

or

(d) the board of management of the remand centre where the child detainee was remanded at the time of the arrest, if the remand centre is not situated within the meaning of section 88 of the Act of 2001 in a children detention school.”,

and

(e) in subsection (7), by the substitution of “prisoners or child detainees” for “prisoners”.