Children (Amendment) Act 2015
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Provisions consequent upon finding of disciplinary breach | ||
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19. The Principal Act is amended by the insertion of the following sections after section 201: | ||
“Sanctions for disciplinary breach | ||
201A. (1) If at the conclusion of an inquiry under section 201 (amended by section 18 of the Children (Amendment) Act 2015), the Director of the children detention school concerned finds that a child has committed a disciplinary breach, the Director may impose such one or more of the following sanctions as he or she considers appropriate: | ||
(a) caution; | ||
(b) reprimand; | ||
(c) prohibition, for a period not exceeding 60 days, on— | ||
(i) engaging in specified recreational activities, or | ||
(ii) possessing specified articles or articles of a specified class, the possession of which is permitted as a privilege; | ||
(d) forfeiture of such sum (or portion of a sum) of pocket money as is provided to the child by the board of management; | ||
(e) forfeiture of not more than 14 days’ remission of portion of the child’s period of detention on foot of a children detention order, | ||
and the Director shall inform the child of the finding and if a sanction has been imposed, the imposition of the sanction, as soon as may be. | ||
(2) The Director may suspend, subject to such conditions as he or she may specify, the operation of the whole or any part of a sanction so imposed (other than a sanction of forfeiture of remission) for a period not exceeding 3 months from the date the child is informed under subsection (1) of the finding and the imposition of a sanction, if any. | ||
(3) If any condition to which a suspension is subject is not complied with during the period of suspension, the Director may direct— | ||
(a) that the sanction shall take effect either forthwith or from a specified date, or | ||
(b) that it be abated in a specified manner and, as so abated, so take effect. | ||
(4) If any such conditions are complied with during the period of suspension, the sanction ceases to have effect at the end of that period. | ||
(5) The Director may restore all or any part of any remission of portion of a period of detention forfeited by a child under this section if— | ||
(a) he or she considers that its restoration is justified by the child’s good performance over a period of time, or | ||
(b) the child has, in the opinion of the Director, performed an exceptionally meritorious act. | ||
(6) Nothing in this section shall prevent the Director taking immediate provisional or protective measures to maintain order and discipline or the security of the children detention school. | ||
(7) When the Director informs a child under subsection (1) of a finding that the child has committed a disciplinary breach and whether or not the Director imposes a sanction on the child under that subsection in respect of the disciplinary breach, the Director shall explain in ordinary language to the child the content of section 201B(1) and, if any sanction imposed consists of or includes forfeiture of remission of portion of his or her period of detention, of section 201C(1). | ||
(8) Notwithstanding the imposition on a child of a sanction under subsection (1), the child may be— | ||
(a) permitted to be on an approved absence, | ||
(b) ordered to be released under section 209, or | ||
(c) ordered to be discharged under section 210. | ||
Petition by child against finding of disciplinary breach or sanction or both | ||
201B. (1) A child who is found by a Director to have committed a disciplinary breach under section 201 (amended by section 18 of the Children (Amendment) Act 2015) may, not later than 7 days after the date the child was informed of the finding and the imposition of any sanction, send to the Director, for transmission to the Minister, a petition concerning the finding or sanction or both the finding and sanction. | ||
(2) On receiving such a petition the Minister may obtain from the Director any additional information that the Minister requires for the purposes of this section and shall, as soon as is reasonably practicable and in any event not later than 14 days from the date the Minister receives the petition— | ||
(a) where the finding is a subject of the petition, affirm, modify or revoke the finding, and | ||
(b) where the sanction is a subject of the petition, affirm, modify, suspend (subject to any terms or conditions as he or she may specify), or revoke the sanction, | ||
and shall cause the child concerned to be notified accordingly. | ||
Appeal against forfeiture of remission | ||
201C. (1) Without prejudice to section 201B, a child— | ||
(a) who is found by a Director to have committed a disciplinary breach under section 201 (amended by section 18 of the Children (Amendment) Act 2015), and | ||
(b) on whom a sanction of forfeiture of remission of portion of his or her period of detention has been imposed, | ||
may, not later than 21 days after the date that he or she is notified of the finding and sanction, notify the Director of his or her intention to appeal against the finding or sanction, or both finding and sanction, to an Appeal Tribunal. | ||
(2) On receipt of a notification under subsection (1), the Director shall, as soon as practicable and in any event not later than 7 days after the date of such receipt, refer the matter to an Appeal Tribunal. | ||
(3) The Appeal Tribunal may invite the child and the Director concerned to make written submissions to it in relation to the appeal. | ||
(4) The child concerned shall be notified by the Appeal Tribunal of the date and time of the hearing of the appeal and that he or she— | ||
(a) may attend the hearing, and | ||
(b) may, for the purposes of the hearing, avail himself or herself of legal aid, advice or representation or apply for free legal aid under regulations made under subsection (7). | ||
(5) If the appeal relates only to the sanction imposed, the Appeal Tribunal may limit the hearing to issues relating to the sanction. | ||
(6) The Appeal Tribunal may, as soon as is reasonably practicable and in any event not later than 21 days after the date of the hearing of the appeal— | ||
(a) affirm or annul the finding that the child has committed the disciplinary breach concerned, | ||
(b) affirm or annul the sanction imposed by the Director, | ||
(c) vary the period of remission to be forfeited, subject to the period, as so varied, not exceeding 14 days, or | ||
(d) where it annuls the sanction imposed by the Director, substitute for it any other sanction provided for in section 201A. | ||
(7) The Minister for Justice and Equality may, with the consent of the Minister for Public Expenditure and Reform, make regulations providing for the granting of legal aid to children appealing to an Appeal Tribunal under this section. | ||
(8) The decision of an Appeal Tribunal shall be notified in writing to— | ||
(a) the Director concerned, | ||
(b) the child concerned, | ||
(c) where the child is under 18, unless paragraph (d) applies, to the child’s parents or guardian, and | ||
(d) where on the date of the decision the child is in the care of the Child and Family Agency under the Act of 1991, to the Child and Family Agency. | ||
Appeal Tribunal | ||
201D. (1) The Minister may, by direction in writing, establish, for a specified period, an Appeal Tribunal or more than one such Tribunal to adjudicate on appeals under section 201C. | ||
(2) An Appeal Tribunal shall be independent in the performance of its functions. | ||
(3) The Minister may appoint— | ||
(a) a practising barrister, or | ||
(b) a practising solicitor, | ||
of not less than 7 years’ standing to be a member of and constitute an Appeal Tribunal. | ||
(4) The appointment shall be subject to such terms and conditions, including terms and conditions relating to remuneration, as the Minister may determine with the consent of the Minister for Public Expenditure and Reform. | ||
(5) A person constituting an Appeal Tribunal may at any time resign by a letter sent to the Minister, and the resignation shall take effect on the date on which the Minister receives the letter. | ||
(6) A person constituting an Appeal Tribunal may at any time be removed from office by the Minister for stated misbehaviour or if, in the opinion of the Minister, the person has become incapable through ill health or otherwise of effectively performing the functions of an Appeal Tribunal. | ||
(7) Subject to any general directions that the Minister may give to one or more Appeal Tribunals for the purpose of securing consistency of procedures in relation to appeals under section 201C, an Appeal Tribunal may determine its own procedure.”. |