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Number 24 of 2001
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CHILDREN ACT, 2001
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary
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Section
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1.
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Short title and collective citation.
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2.
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Commencement.
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3.
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Interpretation (general).
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4.
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Laying of regulations before Houses of Oireachtas.
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5.
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Repeals.
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6.
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Expenses.
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PART 2
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Family Welfare Conferences
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7.
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Convening of family welfare conference.
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8.
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Functions of conference.
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9.
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Persons entitled to attend conference.
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10.
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Procedure at conference.
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11.
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Administrative services.
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12.
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Notification of recommendations of conference.
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13.
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Action by health board on recommendations.
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14.
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Privilege.
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15.
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Regulations.
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PART 3
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Amendment of Act of 1991
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16.
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Amendment (new Parts IVA and IVB) of Act of 1991.
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PART 4
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Diversion Programme
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Introductory
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17.
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Interpretation (Part 4).
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18.
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Principle.
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19.
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Objective of Programme.
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20.
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Diversion Programme.
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21.
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Temporary incapacity of Director.
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Admission to Programme
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22.
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Report on child to Director.
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23.
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Admission to Programme.
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24.
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Decision to admit to Programme.
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Administration of cautions
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25.
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Cautions.
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26.
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Presence of victim at formal caution.
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Supervision of children admitted to Programme
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27.
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Supervision.
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28.
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Level of supervision.
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Holding of conference in respect of child
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29.
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“Conference”.
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30.
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Recommendation that conference be held.
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31.
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Decision on holding conference.
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32.
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Persons entitled to attend conference.
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33.
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Location of conference.
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34.
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Time limit for holding conference.
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35.
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Notification to participants.
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36.
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Views of those unable or unwilling to attend conference.
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37.
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Procedure at conference.
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38.
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Period or level of supervision.
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39.
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Action plan.
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40.
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Disagreement on action plan.
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41.
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Report to Director.
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42.
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Decision by Director on period or level of supervision.
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43.
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Administrative services.
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Committee to monitor effectiveness of Programme
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44.
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Review of effectiveness of Programme.
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45.
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Vacancies in committee.
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Other matters relating to the Programme
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46.
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Supplemental provisions.
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47.
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Regulations (Part 4).
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48.
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Inadmissible evidence.
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49.
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Bar to proceedings.
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50.
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Privilege.
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51.
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Protection of identity of children.
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PART 5
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Criminal Responsibility
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52.
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Age of criminal responsibility.
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53.
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Duty of Garda Síochána in relation to certain under-age children.
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54.
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Aiding, etc., under-age child to commit offence.
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PART 6
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Treatment of Child Suspects in Garda Síochána Stations
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55.
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Treatment of child suspects.
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56.
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Separation of children from adults in Garda Síochána station.
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57.
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Notification to child.
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58.
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Notification of arrest of child to parent or guardian.
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59.
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Notification to health board.
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60.
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Notification to solicitor.
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61.
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Interviewing children.
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62.
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Notification of proceedings to parent or guardian.
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63.
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Notification of proceedings to adult relative or other adult.
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64.
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Procedure by summons.
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65.
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Notice to adult relative or other adult where proceeding by summons.
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66.
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Provisions common to sections 56 to 63 and 65.
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67.
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Amendment of section 5 of the Criminal Justice Act, 1984.
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68.
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Release on bail by member of Garda Síochána.
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69.
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Application of certain provisions to married child.
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70.
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Regulations (Part 6).
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PART 7
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Children Court
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71.
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Children Court.
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72.
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Requirement for transacting business in Children Court.
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73.
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Arrangements for hearing of proceedings in Children Court.
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74.
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Children charged with summary offences jointly with adults.
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75.
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Jurisdiction to deal summarily with indictable offences.
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76.
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Children charged with indictable offences jointly with adults.
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PART 8
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Proceedings in Court
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77.
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Referral of case to health board.
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78.
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Family conference.
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79.
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Convening of family conference.
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80.
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Action plan.
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81.
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Report to Court by probation and welfare officer.
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82.
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Action by Court on report of probation and welfare officer.
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83.
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Failure to comply with action plan.
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84.
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Review of compliance with action plan.
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85.
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Application of provisions.
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86.
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Procedure at family conference.
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87.
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Administrative services to family conference.
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88.
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Remand in custody.
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89.
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Non-application of section 5 of Bail Act, 1997.
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90.
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Conditions of bail.
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91.
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Attendance at Court of parents or guardian.
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92.
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Conveyance to and from Court.
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93.
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Restrictions on reports of proceedings in which children are concerned.
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94.
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Persons entitled to be present at hearing.
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PART 9
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Powers of Courts in Relation to Child Offenders
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General
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95.
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Interpretation (Part 9).
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96.
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Principles relating to exercise of criminal jurisdiction over children.
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97.
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Construction of certain references.
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98.
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Orders on finding of guilt.
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Probation Officer's Reports.
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99.
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Probation officer's report.
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100.
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Remand for preparation of report or other reason.
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101.
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Availability of child for preparation of report.
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102.
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Immunity from liability for reports.
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103.
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Access to reports.
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104.
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Right to tender evidence on report.
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105.
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Oral reports.
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106.
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Power of court on receipt of report.
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107.
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Regulations regarding reports.
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108.
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Maximum fines.
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109.
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Determination of amount of fine and costs.
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110.
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Default in payment of fine, costs or compensation.
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Orders in relation to parents or guardian
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111.
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Parental supervision order.
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112.
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Non-compliance with parental supervision order.
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113.
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Compensation by parent or guardian.
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114.
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Binding over of parent or guardian.
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Community Sanctions
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115.
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Community sanction.
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116.
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Imposition of community sanction.
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117.
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Conditions to which community sanction may be made subject.
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118.
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Day centres.
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119.
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Power to vary day centre order.
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120.
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Power to revoke day centre order.
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121.
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Provisions where more than one day centre order.
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122.
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Non-compliance with day centre order.
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123.
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Duties of child under day centre order.
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124.
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Probation (training or activities programme) order.
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125.
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Probation (intensive supervision) order.
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126.
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Probation (residential supervision) order.
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127.
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Power to vary probation (residential supervision) order.
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128.
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Failure to observe conditions of probation.
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129.
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Suitable person (care and supervision) order.
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130.
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Non-compliance with suitable person (care and supervision) order.
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131.
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Mentor (family support) order.
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132.
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Non-compliance with mentor (family support) order.
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133.
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Restriction on movement order.
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134.
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Variation of restriction on movement order.
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135.
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Provisions regarding more than one restriction on movement order.
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136.
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Non-compliance with restriction on movement order.
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137.
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Dual order.
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138.
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Expiry of community sanction.
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139.
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Commission of offence while community sanction in force.
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140.
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Effect of subsequent period of detention.
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141.
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Regulations.
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Detention
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142.
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Detention orders.
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143.
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Restriction on detention orders.
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144.
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Deferment of detention order.
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145.
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Alternative to detention where no place available in children detention school.
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146.
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Finding of guilt during deferment.
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147.
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Detention in accordance with age of child.
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148.
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Document to be produced to Director of children detention school.
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149.
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Period of detention in children detention school.
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150.
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Places of detention.
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151.
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Detention and supervision.
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152.
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Transfer.
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153.
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Rules governing places of detention.
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154.
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Amendment of Criminal Justice (Community Service) Act, 1983.
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155.
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Punishment of certain indictable offences.
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156.
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Restriction on punishment of children.
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PART 10
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Children Detention Schools
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General
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157.
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Interpretation (Part 10).
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158.
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Principal object of children detention schools.
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159.
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Certified schools under Act of 1908.
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160.
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Designation of children detention schools.
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161.
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Provision of other places for detention of children.
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162.
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Funding of such places.
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163.
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Closure of schools.
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Boards of Management
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164.
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Boards of management.
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165.
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Functions of boards of management.
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166.
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Additional functions.
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167.
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Membership, etc., of boards of management.
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168.
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Removal and resignation of members.
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169.
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Casual vacancies.
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170.
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Temporary substitutes.
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171.
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Remuneration of members.
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172.
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Funding of Board.
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173.
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Accounts and audits.
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174.
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Annual report and information.
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175.
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Meetings and procedure.
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176.
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Directions by Minister.
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177.
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Membership of either House of Oireachtas or of European Parliament.
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178.
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Non-disclosure of information.
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179.
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Rules by boards of management.
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Director and staff of schools
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180.
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The Director.
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181.
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Staff of children detention schools.
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182.
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Transfer of staff.
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183.
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Terms and conditions of transferred staff.
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184.
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Superannuation of staff.
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185.
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Inspector of children detention schools.
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186.
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Functions...
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