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Amendment of section 215 of Principal Act
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23. Section 215 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “any time, including on or after his or her 18th birthday,” for “any time”,
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(b) by the substitution of the following subsection for subsection (2) (inserted by section 155(a) of the Act of 2006):
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“(2) A person guilty of an offence under subsection (1) shall be liable, on summary conviction, to detention or imprisonment for a term not exceeding 3 months.”,
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(c) by the insertion of the following subsections:
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“(4A) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned and the person had attained the age of 18 years during the period of his or her escape but is below the age of 18 years and 6 months on the date of his or her return—
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(a) subject to section 11(2) of the Children (Amendment) Act 2015, section 155 (other than subsections (1) and (7)) shall, with any necessary modifications, apply to that person,
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(b) reference in subsections (2) and (3) of section 155 to ‘before the relevant date’ shall be construed as ‘as soon as may be’, and
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(c) reference in subsections (2) and (4) of section 155 to ‘on the relevant date’ shall be construed as a reference to the day after the date of authorisation by the Minister for Children and Youth Affairs under subsection (3) of section 155.
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(4B) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned, and the person before his or her escape had been detained pursuant to section 155 and is below the age of 18 years and 6 months on the date of his or her return, the Director of the children detention school in which the person had been detained prior to his or her escape may as he or she considers appropriate—
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(a) request the Minister to authorise a transfer of the person to a prison or a place of detention provided under section 2 of the Act of 1970, and in such a case paragraphs (b) and (c) of subsection (4C) shall apply, or
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(b) make a new determination under section 155(5) in respect of the person and in such case, subsections (6) and (8) of section 155 shall apply with any necessary modifications.
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(4C) Where a person escapes from lawful custody within the meaning of subsection (1) and attains the age of 18 years and 6 months during the period of his or her escape—
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(a) the Director of the children detention school in which the person had been detained prior to his or her escape shall, as soon as may be, request the Minister to authorise the transfer of the person under paragraph (b),
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(b) on receiving a request under paragraph (a), the Minister shall, as soon as may be and after consultation with the Minister for Justice and Equality, authorise the transfer of the person to such—
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(i) place of detention provided under section 2 of the Act of 1970, or
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(ii) prison,
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as the Minister, having consulted with the Minister for Justice and Equality, considers appropriate, to serve the period of detention remaining to be served by that person on the date of his or her escape, and
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(c) on the return of the person to the children detention school, hospital or other institution concerned, whether on foot of an arrest by a member of the Garda Síochána pursuant to subsection (1) or otherwise, the Director shall, as soon as may be, transfer the person to the place of detention or prison pursuant to the authorisation under paragraph (b).”,
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and
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(d) in subsection (5), by the substitution of “detained in a children detention school, or in a prison or place of detention if the person is transferred under this section” for “detained”.
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