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26 2006

CRIMINAL JUSTICE ACT 2006

PART 12

Amendment of Children Act 2001

Interpretation (Part 12).

120 .— In this Part—

“ Act of 1908 ” means the Children Act 1908;

“Act of 1970” means the Prisons Act 1970 ;

“Act of 1991” means the Child Care Act 1991 ;

“Act of 2001” means the Children Act 2001 .

Amendment of section 2 of Act of 2001.

121 .— Section 2 of the Act of 2001 is amended in subsection (2)—

(a) by the insertion of the following paragraph after paragraph (a):

“(aa) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006.”,

(b) by the deletion of paragraph (c),

(c) in paragraph (d), by the deletion of “for Education and Science”, and

(d) by the insertion of the following paragraph after paragraph (e):

“(f) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint.”.

Amendment of section 3 of Act of 2001.

122 .— Section 3 of the Act of 2001 is amended in subsection (1)—

(a) by the insertion of the following definition:

“ “ anti-social behaviour ” is to be construed in accordance with section 257A(2);”,

(b) in the definition of “children detention school”, by the substitution of “Minister” for “Minister for Education and Science”,

(c) in the definition of “detention”, by the deletion of “or a children detention centre designated as such by the Minister under section 150”,

(d) by the deletion of the definition of “junior remand centre”,

(e) in the definition of Minister, by the substitution of “Parts 3 and 11” for “Parts 3, 10 and 11”,

(f) in the definition of “prescribed”, by the deletion of “, the Minister for Education and Science”,

(g) in the definition of “victim” to insert, after “property”, “and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour”.

Substitution of section 18 of Act of 2001.

123 .— The following section is substituted for section 18 of the Act of 2001:

“Principle.

18.— Unless the interests of society otherwise require and subject to this Part, any child who—

(a) has committed an offence, or

(b) has behaved anti-socially,

and who accepts responsibility for his or her criminal or anti-social behaviour shall be considered for admission to a diversion programme (in this Part referred to as the Programme) having the objective set out in section 19.”.

Amendment of section 19 of Act of 2001.

124 .— Section 19 of the Act of 2001 is amended by the substitution of the following subsection for subsection (1):

“(1) The objective of the Programme is to divert any child who accepts responsibility for his or her criminal or anti-social behaviour from committing further offences or engaging in further anti-social behaviour.”.

Amendment of section 23 of Act of 2001.

125 .— Section 23 of the Act of 2001 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (6), a child” for “A child”,

(b) in subsections (1)(a), (4) and (5), the insertion of “or anti-social” after “criminal”,

(c) in subsection (1)(c), by the substitution of “is 10 years of age or over that age” for “is of or over the age of criminal responsibility”, and

(d) by the addition of the following subsection:

“(6) Notwithstanding subsection (1), a child aged 10 or 11 years shall be admitted to the Programme if—

(a) he or she accepts responsibility for his or her criminal behaviour, having had a reasonable opportunity to consult with his or her parents or guardian and obtained any legal advice sought by or on behalf of him or her, and

(b) subsections (2) to (5) apply in relation to the child.”.

Substitution of section 48 of Act of 2001.

126 .— The following section is substituted for section 48 of the Act of 2001:

“Inadmissibility of certain evidence.

48.— (1) Subject to subsection (2), no evidence shall be admissible in any court in respect of—

(a) any acceptance by a child of responsibility for criminal or anti-social behaviour in respect of which the child has been admitted to the Programme,

(b) that behaviour, or

(c) the child’s involvement in the Programme.

(2) Where a court is considering the sentence (if any) to be imposed in respect of an offence committed by a child after the child’s admission to the Programme, the prosecution may inform it of any of the matters referred to in subsection (1).

(3) Subsection (2) applies, with the necessary modifications, in relation to a child who has attained the age of 18 years.”.

Substitution of section 49 of Act of 2001.

127 .— The following section is substituted for section 49 of the Act of 2001:

“Bar to proceedings.

49.— (1) A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme.

(2) A child who has been admitted to the Programme in respect of anti-social behaviour shall not be the subject of an application for an order under section 257D in relation to any such behaviour which occurred prior to such admission.”.

Amendment of Title to Part 5 of Act of 2001.

128 .— The title to Part 5 of the Act of 2001 is amended by the substitution of “RESTRICTION ON CRIMINAL PROCEEDINGS AGAINST CERTAIN CHILDREN” for “CRIMINAL RESPONSIBILITY”.

Substitution of section 52 of Act of 2001.

129 .— The following section is substituted for section 52 of the Act of 2001:

“Restriction on criminal proceedings against children.

52.— (1) Subject to subsection (2), a child under 12 years of age shall not be charged with an offence.

(2) Subsection (1) does not apply to a child aged 10 or 11 years who is charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault.

(3) The rebuttable presumption under any rule of law, namely, that a child who is not less than 7 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong, is abolished.

(4) Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.”.

Amendment of section 53 of Act of 2001.

130 .— Section 53 of the Act of 2001 is amended by the substitution of the following subsection for subsection (1):

“(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under 12 years of age has committed an offence (except murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault), the member shall endeavour to take the child to the child’s parent or guardian or arrange for another such member to do so.”.

Amendment of section 59 of Act of 2001.

131 .— Section 59 of the Act of 2001 is amended by the substitution of the following subsection for subsection (4):

“(4) The Minister, with the agreement of the Minister for Health and Children, may issue guidelines in relation to the practical operation of this section.”.

New section 76A in Act of 2001.

132 .— The following section is inserted in the Act of 2001 after section 76, but in Part 8:

“Powers of Court in criminal proceedings against child.

76A.— (1) In any criminal proceedings against a child the Court may exercise any of the following powers conferred on it by this Part, namely, power—

(a) under section 76B, to request the attendance of a representative of the Health Service Executive,

(b) under section 76C, to dismiss the case on its merits,

(c) under section 77, to direct the Health Service Executive to convene a family welfare conference in respect of the child and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child, or

(d) under section 78, to direct the probation and welfare service to arrange for the convening of a family conference in respect of the child.

(2) Subsection (1) is without prejudice to the power of the Court to deal with the case in any other way if it is satisfied that to do so would be in the interests of justice.”.

New section 76B in Act of 2001.

133 .— The following section is inserted in the Act of 2001 after section 76A:

“Assistance to Court by Health Service Executive.

76B.— (1) Where—

(a) a child who is charged with an offence is remanded on bail or, subject to section 88(10)(b), in custody, and

(b) it appears to the Court that the Health Service Executive may be of assistance to it in dealing with the case,

the Court may request the Executive to be represented in the proceedings.

(2) Where the child is remanded on bail, the request shall be made at least one week before the date of the resumption of the proceedings concerned.

(3) If, having heard the Health Service Executive’s representative, the Court dismisses the case against the child on its merits, the Health Service Executive shall, where appropriate, exercise its powers under the Act of 1991 in relation to the child.”.

New section 76C in Act of 2001.

134 .— The following section is inserted in the Act of 2001 after section 76B:

“Dismissal of case against child under 14 in certain circumstances.

76C.— Where a child under 14 years of age is charged with an offence, the Court may, of its own motion or the application of any person, dismiss the case on its merits if, having had due regard to the child’s age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence.”.

Substitution of section 88 of Act of 2001.

135 .— The following section is substituted for section 88 of the Act of 2001:

“Remand in custody.

88.— (1) Where the Court decides to remand in custody a child—

(a) who is charged with or found guilty of one or more offences,

(b) who is being sent forward for trial, or

(c) in respect of whom the court has postponed a decision,

the following provisions of this section shall apply in relation to the child.

(2) The child shall be remanded to a place designated under this section as a remand centre.

(3) The Court shall explain the reasons for its decision in open court in language that is appropriate to the child’s age and level of understanding.

(4) The Minister may by order designate as a remand centre any place, including part of a children detention school, which in the Minister’s opinion is suitable for the custody of children who are remanded in custody under this section.

(5) The designation shall specify the sex and age of children who may be remanded to the remand centre concerned at any time.

(6) The Minister shall cause a copy of any order under this section to be sent to the President of the High Court, the President of the Circuit Court and the President of the District Court.

(7) A place may be designated as a remand centre only with the consent of its owners or, as the case may be, its managers.

(8) Where a remand centre is part of a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed.

(9) Where a remand centre is not part of a children detention school, the Minister shall appoint a board of management appointed to a children detention school under section 164 to manage the remand centre also in accordance with criteria laid down from time to time by the Minister.

(10) The Court shall not remand a child in custody under this section if the only reason for doing so is that—

(a) the child is in need of care or protection, or

(b) the Court wishes the Health Service Executive to assist it under section 76B in dealing with the case.

(11) Such matters as may be necessary or expedient for enabling remand centres to operate and be administered in accordance with this Act may be prescribed by the Minister.

(12) Notwithstanding the provisions of this section, males aged 16 or 17 years mentioned in subsection (1) may be remanded to Saint Patrick’s Institution until places in a remand centre are available for males in that age group.

(13) A child remanded in custody to Saint Patrick’s Institution may be transferred by the Minister to a remand centre.”.

Amendment of section 96 of Act of 2001.

136 .— Section 96 of the Act of 2001 is amended by the substitution of the following subsection for subsection (5):

“(5) When dealing with a child charged with an offence, a court shall have due regard to the child’s best interests, the interests of the victim of the offence and the protection of society.”.

Change in title of principal probation and welfare officer.

137 .— The Act of 2001 is amended by the substitution of “Director of the Probation and Welfare Service” for “principal probation and welfare officer” in sections 79, 87, 106(5), 118(3), 118(4), 124(4), 125(4), 126(4), 126(5), 141(2)(b), 207(1), 207(7), 208(1), 208(4), 209, 230(3)(e), 262(1), 262(2) and 262(3).

Amendment of section 91 of Act of 2001.

138 .— Section 91 of the Act of 2001 is amended—

(a) in subsection (1)—

(i) by the deletion of “or” in paragraph (b),

(ii) by the substitution of “subject, or” for “subject.” in paragraph (c), and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) under section 257D.”,

and

(b) in subsection (4), by the insertion of “or under section 257D” after “charged”.

Substitution of section 93 of Act of 2001.

139 .— The following section is substituted for section 93 of the Act of 2001:

“Restriction on reports of proceedings where children concerned.

93.— (1) In relation to proceedings before any court concerning a child—

(a) no report which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any such child shall be published or included in a broadcast or any other form of communication, and

(b) no still or moving picture of or including any such child or which is likely to lead to his or her identification shall be so published or included.

(2) A court may dispense, in whole or in part, with the requirements of this section in relation to a child if satisfied that to do so is necessary—

(a) where the child is charged with an offence—

(i) to avoid injustice to the child,

(ii) where the child is unlawfully at large, for the purpose of apprehending the child, or

(iii) in the public interest,

or

(b) where the child is subject to an order under section 257D—

(i) to avoid injustice to the child, or

(ii) to ensure that the order is complied with.

(3) Where a court dispenses with any requirements of this section, it shall explain in open court the reasons for its decision.

(4) Subsections (3) to (6) of section 51 of this Act shall apply, with the necessary modifications, to matters published or included in a broadcast or other form of communication in contravention of subsection (1).

(5) This section shall apply in relation to proceedings on appeal from a court, including proceedings by way of case stated.

(6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court.”.

Amendment of section 136 of Act of 2001.

140 .— Section 136 of the Act of 2001 is amended—

(a) by the substitution of the following subsections for subsection (1):

“(1) A member of the Garda Síochána who finds a child in breach of an order under section 133 or of any condition to which it is subject may arrest the child without warrant.

(1A) Where it appears to a court that a child has failed, without reasonable cause, to comply with such an order or any condition to which it is subject, it may—

(a) if the order was made by a court in the district of residence—

(i) direct the child to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and substitute another order under section 133 or another community sanction, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

or

(b) if the order was made by another court, remand the child on bail to a sitting of that court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.”,

and

(b) by the deletion of subsection (3).

Substitution of section 149 of Act of 2001.

141 .— The following section is substituted for section 149 of the Act of 2001:

“Period of detention in children detention school.

149.— Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence.”.

Amendment of section 155 of Act of 2001.

142 .— Section 155 of the Act of 2001 is amended—

(a) by the substitution of the following subsections for subsections (1) to (3):

“(1) Where—

(a) a child is convicted on indictment of an offence and sentenced to detention in a children detention school,

(b) the period of detention is served initially in such a school,

(c) the child has attained the age of 18 years before the period of detention has expired,

the person shall be transferred to a place of detention provided under section 2 of the Act of 1970 or a prison to serve the remainder of the period of detention.

(2) If, on attaining the age of 18 years, the person—

(a) is engaged in a particular course of education or in training which is not available in such a place of detention or in a prison, or

(b) is nearing the end of his or her period of detention in the school,

the person may continue to be detained in the school beyond that age for a period not exceeding 6 months.

(3) Notwithstanding any provision in any enactment, no child shall be transferred from a children detention school to a place of detention provided under section 2 of the Act of 1970 or a prison.”,

(b) by the deletion of subsections (4) and (5), and

(c) in subsection (6), by the deletion of “in a children detention centre,”.

New section 156A in Act of 2001.

143 .— The following section is inserted in the Act of 2001 after section 156, but in Part 9:

“Transitional provision.

156A.— (1) Notwithstanding anything in Part 9, males aged 16 and 17 years sentenced to detention may be detained in Saint Patrick’s Institution or a place of detention until—

(a) places suitable for the admission of children of those ages become available for designation as children detention schools under section 160, or

(b) they have completed their period of detention.

(2) Subject to subsection (3), on or after the making of any such designation, any child serving a period of detention in Saint Patrick’s Institution or a place of detention may be transferred to such a designated children detention school.

(3) A male aged 16 or 17 years may be transferred from Saint Patrick’s Institution or a place of detention to a children detention school before such a designation is made and may later be transferred back to the Institution or place.

(4) A child who is serving a period of detention in St. Patrick’s Institution or place of detention shall not have his or her period of detention varied by reason only of a transfer under subsection (2) or (3).

(5) In this section, “place of detention” means a place of detention provided under section 2 of the Act of 1970.”.

New section 156B in Act of 2001.

144 .— The following section is inserted in the Act of 2001 after section 156A:

“Application of Prisons Acts, etc. rules to children detention schools.

156B.— Pending the making of rules under section 179 for the management of children detention schools, the Prisons Acts 1826 to 1980 and any other enactments relating to or applying to St. Patrick’s Institution or to persons serving sentences therein shall, except where they may be inconsistent with this Act, apply and have effect, with any necessary modifications, in relation to a children detention school and to persons detained therein as if the school were that Institution.”.

Amendment of section 157 of Act of 2001.

145 .— Section 157 of the Act of 2001 is amended—

(a) by the insertion of the following definitions:

“ “ authorised person” means a person authorised by the Minister under section 185;

“ staff” does not include teaching staff;”,

and

(b) by the deletion of the definitions of “Inspector” and “Minister”.

Substitution of section 159 of Act of 2001.

146 .— The following section is substituted for section 159 of the Act of 2001:

“Certified schools under Act of 1908.

159.— (1) Subject to subsection (2), a certified reformatory school or industrial school under Part IV of the Act of 1908 shall, with the agreement of the Minister and the Minister for Education and Science, become a children detention school on the commencement of this section in relation to it.

(2) A certified industrial school under that Part shall, with the agreement of the Minister for Education and Science and the Minister for Health and Children and on the commencement of this section in relation to it, become premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care.

(3) On the commencement of this section in relation to a certified reformatory school or industrial school the functions relating to which stood vested in the Minister for Education and Science (other than the function of providing education and training and related programmes for children detained in it) immediately before such commencement, such functions shall—

(a) if the school becomes a children detention school, be vested in the Minister, or

(b) in the case referred to in subsection (2), be vested in the Health Service Executive.

(4) The lawfulness of the detention, and the period of detention, of a child who is detained in a certified reformatory or industrial school is not affected by the commencement of this section in relation to it.

(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991.”.

New section 159A in Act of 2001.

147 .— The following section is inserted in the Act of 2001 after section 159:

“Education of children in children detention school, residential centres, etc.

159A.— (1) In this section—

“ Inspector ” and “ recognised school ” have the meanings given to them in section 2 of the Education Act 1998 ;

“ transferred premises ” means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991;

“ vocational education committee ” means a committee established by section 7 of the Vocational Education Act 1930 .

(2) Any recognised school forming part of transferred premises is dissolved.

(3) A vocational education committee in whose functional area transferred premises are situated shall provide for the education of children in those premises.

(4) Without prejudice to the generality of subsection (3), each vocational education committee shall, in respect of any such premises—

(a) plan, coordinate and review the provision of education and services ancillary thereto,

(b) ensure that the education provided therein meets the requirements of education policy as determined from time to time by the Minister for Education and Science,

(c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,

(d) promote the moral, spiritual, social and personal development of the children concerned, and

(e) ensure that the needs of personnel involved in management functions and those in relation to staff development generally are identified and provided for.

(5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.

(6) A person who, immediately before the dissolution under this section of a recognised school, is a member of its teaching staff shall, on such dissolution, become an employee of the vocational education committee in whose functional area the recognised school is situated; and the rights and entitlements enjoyed by the person as such employee in respect of tenure, remuneration, fees, allowances, expenses and superannuation shall not, by virtue of the operation of this Act, be any less beneficial than the rights and entitlements enjoyed by that person immediately before the dissolution.”.

New section 159B in Act of 2001.

148 .— The following section is inserted in the Act of 2001 after section 159A:

“Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).

159B.— (1) In this section—

“ board of management ” in relation to a certified industrial school, includes managers of the school within the meaning of the Act of 1908;

“ certified industrial school ” means a certified industrial school under Part IV of the Act of 1908 which becomes transferred premises on the transfer day;

“ land ” includes any rights, liabilities, powers or privileges relating to or connected with the land;

“ property ” includes any rights or liabilities relating to or connected with the property;

“ transfer day ” means the day on which a certified industrial school becomes, by virtue of section 159(2), premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care;

“ transferred premises ” means premises which on the transfer day become premises so provided and maintained.

(2) On the transfer day—

(a) any land or other property, and any other rights or liabilities, vested in the Minister for Education and Science in relation to the certified industrial school concerned or in its board of management immediately before that day, except any rights or liabilities referred to in paragraph (b), is transferred to and vested in the Health Service Executive without any conveyance or assignment,

(b) any rights or liabilities—

(i) of the Minister for Education and Science in relation to the school or of its board of management, and

(ii) relating to or connected with members of its teaching staff or their teaching functions,

however arising immediately before that day are transferred to and vested without any assignment in the vocational education committee in whose functional area the transferred premises are situated.

(3) Any rights or liabilities transferred under this section may on and after the transfer day be sued on, recovered or enforced by or against the Health Service Executive or the vocational education committee concerned in its own name, and it shall not be necessary for the Executive or committee to give notice of the transfer to the person whose rights or liabilities are so transferred.

(4) Subject to subsection (5), where any proceedings to which the certified industrial school concerned or its board of management is a party are pending immediately before the transfer day, the Minister for Education and Science shall be substituted for the school or board as a party to the proceedings on and after that day, and the proceedings shall not abate by reason of the substitution.

(5) Where—

(a) the Minister for Education and Science is a party to proceedings pending immediately before the transfer day in relation to a certified industrial school or its board of management, whether by virtue of subsection (4) or otherwise, and

(b) the Minister and the Health Service Executive or vocational education committee concerned agree that the Executive or committee should be substituted for the Minister as a party to the proceedings,

the Executive or the committee shall notify the other parties to the proceedings accordingly, and the proceedings shall not abate by reason of the substitution.

(6) A person who was an employee of the certified industrial school concerned (other than a member of its teaching staff) immediately before the transfer day shall on that day become an employee of the Health Service Executive, and the rights and entitlements enjoyed by the person as such employee in respect of his or her terms and conditions of employment, including remuneration, allowances and superannuation, shall not by virtue of the operation of this Act be any less beneficial than the rights and entitlements enjoyed by that person immediately before that day.

(7) The functions, including powers and duties, of the Minister for Health and Children under the Child Care Act 1991 , as amended, and the Health Acts 1947 to 2006 in relation to premises provided and maintained under section 38(2) of the Act of 1991 by the Health Service Executive for the provision of residential care for children in care apply and have effect in relation to transferred premises.

(8) A child who is found guilty of an offence may not be ordered to be placed or detained in transferred premises.

(9) The Minister for Education and Science shall, before the commencement of section 159(2), direct the transfer of each child convicted of an offence or on remand in respect of an offence from any place which, on such commencement, becomes transferred premises to a certified reformatory or industrial school under Part IV of the Act of 1908 or a children detention school to serve the whole or any part of the unexpired residue of his or her period of detention.

(10) This section is without prejudice to section 159A.”.

Amendment of section 161 of Act of 2001.

149 .— Section 161 of the Act of 2001 is amended—

(a) by the substitution of the following subsections for subsection (1):

“(1) The Minister may enter into arrangements with any person or body for the provision by that person or body on behalf of the Minister of a place (except a prison) where children found guilty of offences can be detained.

(1A) Before entering into any such arrangements, the Minister shall be satisfied that the place provides treatment or other facilities not available in children detention schools.

(1B) The Minister may enter into arrangements under subsection (1) with more than one such person or body.

(1C) A child detained in a children detention school may be transferred to a place provided under subsection (1) with the agreement of the Minister and the person or body providing the place and, with such agreement, may be transferred back to that school”,

and

(b) by the insertion of the following subsection:

“(7) In this section, “place” includes part of a building.”.

Amendment of section 165 of Act of 2001.

150 .— Section 165 of the Act of 2001 is amended—

(a) in subsection (1)(b), by the substitution of “risk, and” for “risk,”, and

(b) by the deletion of paragraph (c) of subsection (1).

Substitution of section 185 of Act of 2001.

151 .— The following section is substituted for section 185 of the Act of 2001:

“Inspection of children detention schools.

185.— (1) The Minister shall cause each children detention school to be inspected.

(2) An inspection shall be conducted by a person authorised in that behalf by the Minister.

(3) The person so authorised shall have expertise and experience in relation to the inspection of children’s residential accommodation.”.

Substitution of section 186 of Act of 2001.

152 .— The following section is substituted for section 186 of the Act of 2001:

“Functions of authorised person.

186.— (1) A person authorised under section 185 shall carry out inspections at least once every 12 months of each children detention school.

(2) Without prejudice to the generality of subsection (1), an authorised person shall, in carrying out an inspection of any such school, pay particular attention to—

(a) the conditions in which the children are detained and the facilities available to them,

(b) their health, safety and well-being,

(c) policies and practice concerning the preservation and development of relationships between them and their families,

(d) policies and practice concerning their discipline, care and protection, and

(e) policies and practice in relation to the normal routine of the school.

(3) The authorised person may hear complaints by children who at any time were or who are detained in a children detention school, and for that and any other purpose—

(a) may interview them and any member of the staff in the school concerned, and

(b) shall have access to records, whether in legible or non-legible form, relating to the administration of the school and the children detained therein.

(4) Any interviews with children shall be with their consent and may, if they agree, take place in private.

(5) The authorised person—

(a) shall not be an employee of any children detention school which the person inspects, and

(b) shall be independent in the exercise of his or her functions in carrying out inspections.

(6) The authorised person shall submit a report to the Minister in relation to any inspection carried out under this section and publish the report at the same time as it is so submitted.”.

New section 186A in Act of 2001.

153 .— The following section is inserted in the Act of 2001 after section 186:

“Investigation of matters arising in relation to children detention schools, etc.

186A.— (1) Where—

(a) matters of concern in relation to a children detention school or place provided under section 161 are raised in a report of a person authorised under section 186 or otherwise, and

(b) the Minister is satisfied that it would be desirable to investigate those matters,

the Minister shall appoint a person (in this section referred to as an “Inspector”) to investigate and report to him or her thereon.

(2) The Inspector shall carry out an investigation into the matters referred to in subsection (1) and such other matters relevant to them as he or she considers necessary for the purposes of the investigation.

(3) For those purposes, the Inspector may—

(a) enter any children detention school or place provided under section 161,

(b) examine the records, whether in legible or non-legible form, of the school or place, and

(c) interview members of the staff of the school, including the Director, and members of its board of management or, as the case may be, members of the staff and managers of the place.

(4) The Inspector—

(a) shall not be an employee of any children detention school which he or she inspects,

(b) shall be independent in the exercise of his or her functions in carrying out inspections, and may interview any child who at any time was or who is detained in a children detention school.

(5) Any such interview shall be with the consent of the child concerned and may, if the child agrees, take place in private.

(6) The Inspector shall submit a report to the Minister in relation to the investigation.

(7) Each such report shall, where appropriate, contain recommendations which in the Inspector’s opinion require to be implemented.

(8) A copy of each such report shall be laid by the Minister before each House of the Oireachtas.

(9) Before laying a report before each House of the Oireachtas pursuant to subsection (3), the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

(10) An appointment of an Inspector shall be for a specified investigation, but the Minister may appoint the same person to carry out a further investigation or investigations as the Minister considers appropriate.

(11) The appointment of an Inspector shall be on such terms and conditions as may be determined by the Minister with, in the case of any terms and conditions relating to remuneration, the consent of the Minister for Finance.”.

Substitution of section 198 of Act of 2001.

154 .— The following section is substituted for section 198 of the Act of 2001:

“Transfer between schools.

198.— (1) The Minister may direct the transfer of a child detained in a children detention school to another such school to serve the whole or any part of the remainder of the child’s period of detention if—

(a) the school to which the child is transferred caters, in accordance with the provisions of this Part, for that class of child, or

(b) the Minister considers that the transfer is necessary in the interests of the good governance of children detention schools,

and, in either case, the school to which the child is transferred provides the conditions and facilities necessary for it to achieve its principal object in the case of the child.

(2) Before giving a direction under this section, the Minister shall consult the Directors of the children detention schools from and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s interests or whether another course should be adopted in respect of the child.

(3) A direction under subsection (1) may be given at the request of the Director of a children detention school and, if so given, this section shall apply in relation to the direction with the necessary modifications.”.

Amendment of section 215 of Act of 2001.

155 .— Section 215 of the Act of 2001 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) A child found guilty in the Children Court of an offence under subsection (1) may be sentenced to detention for a period not exceeding 3 months.”,

and

(b) by the deletion of subsection (3).

Amendment of section 227 of Act of 2001.

156 .— Section 227(1) of the Act of 2001 is amended—

(a) by the substitution of “and to” for “and ensure”,

(b) in paragraph (a), by the substitution of “advise on the coordination of” for “coordinate”,

(c) in paragraph (b), by the substitution of “advise on” for “ensure”,

(d) by the substitution of the following paragraph for paragraph (c):

“(c) in consultation with the Health Service Executive, prepare and publish criteria for the admission to and discharge from special care units of children subject to special care and interim special care orders,”,

and

(e) by the deletion of paragraph (d).

Amendment of section 230 of Act of 2001.

157 .— Section 230 of the Act of 2001 is amended—

(a) in subsection (1), by the substitution of “11” for “12”, and

(b) by the substitution of the following subsection for subsection (3):

“(3) The members of the Board shall include—

(a) three persons nominated by the Minister for Justice, Equality and Law Reform,

(b) three persons, two of whom shall be representatives of the Health Service Executive,

(c) three experts in child care, and

(d) three persons with relevant experience in dealing with issues of educational disadvantage or exclusion, nominated by the Minister for Education and Science.”.

Minor and consequential amendments of Act of 2001.

158 .— Each provision of the Act of 2001 specified in Schedule 4 to the Criminal Justice Act 2006 is amended in the manner specified in the third column opposite the mention of that provision in the second column of that Schedule.