Children and Criminal Law in Ireland

Author: Amy Deane BL Amy Deane LL.B, MSc, BL is a Junior Counsel practicing in criminal law, judicial review and mental health law. She holds an LL.B from Trinity College Dublin and an MSc in Criminal Justice Policy from the London School of Economics and Political Science. She was formerly Judicial Assistant to a Judge of the High Court. Amy has considerable experience representing children and aged out defendants within the criminal justice system. She has been involved in a number of High Court cases concerning prosecutorial delay and aged out juveniles. Consultant Editor: Patrick Gageby SC Patrick Gageby is a Senior Counsel practicing in criminal and administrative law. He was admitted to the Bar in 1976 and appointed as Senior Counsel in 1995. His criminal work focusses mainly on defence and he has been involved in a number of high profile trials in Ireland, representing his clients. He has an in-depth knowledge of the criminal justice system and legal issues relating to child defendants.

Chapter 1 – The Child
- Introduction
- Age of Criminal Responsibility
- Special directions

Chapter 2 – The Juvenile Diversion Programme
- The Programme and objective
- Admission to the Programme and preconditions
- Decision to admit to Programme
- Juvenile caution
- Inadmissibility of certain evidence

Chapter 3 – Criminal Investigations and the Treatment of Child Suspects
- Treatment of child suspects

Chapter 4 – The Children’s Court
- Informality
- Legal Aid
- Bail
- Family Conference and Family Welfare Conference
- Role and requirements of parent/guardian
- Powers of the Court
- Service of Book of Evidence
- Sending forward on a guilty plea
- Role of Probation and Welfare Service

Chapter 5 – Section 75 Jurisdictional hearing
- ‘Section 75 hearing’
- Sending forward for trial on indictment

Chapter 6 – Trial on Indictment
- Evidence of a child under 14 years
- Special measures
- Intermediary
- Offences required to be heard before the Central Criminal Court

Chapter 7 – Anonymity
- Anonymity and juveniles
- Anonymity and aged out offenders
- Anonymity and child victims
- Expunging of criminal record

Chapter 8 – Sentencing Juveniles
-Relevance of age
-Probation and Welfare Report
-Detention as a last resort
-Community sanctions
-Fines
-Deferred Detention
-Detention Supervision Order
-Detention
-Remission
-Non Applicability of Suspended Sentences
-Life imprisonment for juveniles
-Oberstown Detention Centre

Chapter 9 – Delay and ageing out
-Duty of Expedition
-Alternative remedies
-Delay and historic sexual offences

Chapter 10 – Child Victims
- Section 16 Criminal Evidence Act 1992
- Intermediary