Children (Amendment) Act 2015
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Transitional arrangements in relation to sections 28 to 30 | ||
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32. (1) The amendment of— | ||
(a) section 1 of the Act of 1908 by section 28 , | ||
(b) section 10 of the Act of 1914 by section 29 , and | ||
(c) section 13 of the Act of 1960 by section 30 , | ||
shall not affect the lawfulness of the detention of any person sentenced to detention in or, as the case may be, remanded to Saint Patrick’s Institution under the said sections 1, 10 or 13 before the date of commencement of sections 28 to 30 (in this section referred to as the “commencement date”). | ||
(2) Any person under the age of 18 years who immediately before the commencement date was— | ||
(a) to be detained in Saint Patrick’s Institution to serve a sentence of detention, or | ||
(b) remanded to Saint Patrick’s Institution, | ||
by virtue of an order made or warrant issued by the court under— | ||
(i) section 1(1) of the Act of 1908, | ||
(ii) section 10(1) of the Act of 1914, or | ||
(iii) section 13(1) or (2) of the Act of 1960, | ||
as the case may be, that was in force immediately before the commencement date but which had not been executed by that date, shall be detained in a children detention school, or remanded to a remand centre, as the case may be, specified in an order under subsection (5). | ||
(3) A reference in an order made or warrant issued by a court referred to in subsection (2) to Saint Patrick’s Institution shall, on and after the commencement date, be construed as a reference to the children detention school or remand centre, as the case may be, specified by order under subsection (5), and the order made or warrant issued by the court shall have effect accordingly. | ||
(4) The lawfulness and the period of the custody of a person to whom subsection (2) applies shall not be affected where, on or after the commencement date and pursuant to this section, he or she is detained in a children detention school or remanded to a remand centre, as the case may be, specified by order under subsection (5). | ||
(5) The Minister may, by order, specify a children detention school or a remand centre or both for the purposes of this section. | ||
(6) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made. |