District Court (Children) Rules 2007

• Statutory Instrument No.: 408/2007
• Published date: 06 July 2007

S.I. No. 408 of 2007

DISTRICT COURT (CHILDREN) RULES 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th July, 2007.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:

1. These rules may be cited as the District Court (Children) Rules 2007.

2. These rules shall come into operation on the 27th day of July 2007 and shall be read together with all other District Court rules for the time being in force.

3. Order 37 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution in rule 3 thereof for the words “Forms No. 37.1 to 37.40, Schedule B may be used in criminal proceedings in the Children Court, and where no suitable Form is provided for in this Order, the Forms provided for in Orders 13 to 36 of these Rules may be used in such proceedings, entitled in the “Children Court” and otherwise modified as required by the circumstances of the case or as provided in this Order.”

4. Order 96C of the District Court Rules, 1997 ( S.I. No.93 of 1997 ) is hereby amended by—

(i) the substitution for its title of “Civil Orders under the Criminal Justice Act 2006 , Part 11 and Behaviour Orders under the Children Act 2001 , Part 12A”, and

(ii) the insertion immediately following rule 6 thereof, of the following—

“7. (1) In this rule:

“the Act” means the Children Act 2001 ;

“behaviour order” has the meaning given to it by section 257D(1) of the Act, (inserted by section 162 of the Criminal Justice Act 2006 ).

(2) An application pursuant to section 257D(1) of the Act for a behaviour order may be made at any sitting of the Children Court for the court area in which the respondent resides at the time the application is made.

(3) Notice of an application for a behaviour order shall be in the Form 96C.4, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 257B of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon each of the persons referred to in section 257D(8) of the Act not later than fourteen days before the date fixed for the hearing of the application. The original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(4) A behaviour order shall be in the Form 96C.5, Schedule C. The applicant shall cause a copy of any such order to be served on each of the persons referred to in section 257D(8) of the Act.

(5) An application pursuant to section 257D(7) of the Act for an order discharging or varying a behaviour order may be made at any sitting of the Children Court for the court area in which the child subject to the behaviour order is residing at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.6, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon each of the persons referred to in section 257D(8) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(6) Where the Court varies the terms of the behaviour order, the terms of any such variation may be indorsed upon the behaviour order and re-signed by the Judge. Where an order discharging or varying a behaviour order is made in a Court area different from the Court area in which the behaviour order to which the application relates was made, the Clerk shall send to the Clerk assigned to the Court area wherein the behaviour order was made notice that the behaviour order has been discharged, or a copy of the behaviour order as varied, as the case may be.”

5. The Forms numbered 37.30 to 37.40 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

6. The Forms in Schedule 2 hereof shall be substituted for the Forms bearing those numbers in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

7. Forms 37.7 and 37.10 in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be deleted.

8. The Forms numbered 96C.4, 96C.5 and 96C.6 in the Schedule hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

9. The District Court Rules (Children) 2004 ( S.I. No. 539 of 2004 ) are hereby amended by the substitution for rule 5 of those Rules of the following—

“The Forms numbered 37.1, 37.2 and 37.8 in Schedule 2 hereof shall be substituted for the Forms bearing those numbers respectively in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 37.16 to 37.18 inclusive are hereby deleted from the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 37.16 to 37.26 inclusive in Schedule 3 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).”

SCHEDULE 1

SCHEDULE B.

O.37, r.1.

No. 37.30. CHILDREN ACT 2001, SECTION 111

PARENTAL SUPERVISION ORDER

Children Court Area of District No.

........................................of................................................................................................

Prosecutor

........................................of................................................................................................

Accused

Whereas A.B., hereinafter called the accused, being a child, has been this day found guilty for that he/she on the ...... day of ................ 20..., at .................... within the Court (area and) district aforesaid did:

And whereas the Court is of the opinion that wilful failure of C.D (and E.F.) the parent(s) of the said accused, to take care of or to control the accused contributed to the accused’s criminal behaviour

And having obtained and considered information about the said parents’ family and social circumstances and the likely effect of this order on those circumstances

And having *heard the said parents *given the said parents an opportunity to be heard

It is ordered that C.D., (and E.F.) the parent(s) of the accused do:

*[undergo treatment for *alcohol *substance abuse at ............................., where facilities for such treatment are available for a period of ......................... ].

*[participate in the course of..................................... at ..................................... for the improvement of his/her/their parenting skills for a period of .....................]

*[adequately and properly control or supervise the said accused to the best of his/her/their ability, in particular by............................]

[insert any further instructions given under section 111(6)(d) of the Act]

And it is ordered that G.H., a probation and welfare officer, be and is hereby appointed to supervise the said C.D. (and E.F.), to assist him/her/them in complying with this order and to monitor compliance with this order.

And this Order shall remain in force for a period of from the ..........day of ................ 20..... to the ..........day of ................ 20.....

Dated this........day of ....................... 20...

Signed.........................................

Judge of the District Court

SCHEDULE B.

O.37, r.1.

No. 37.31 CHILDREN ACT 2001, SECTION 118

ORDER FOR COMMUNITY SANCTION — DAY CENTRE ORDER

Children Court Area of District No.

E.F. of

Prosecutor

A.B

Accused

Whereas A.B., the accused, being a child, has this day been before the Court charged that he/she on the ...... day of .......... 20..., at ........... within the Court (area and) district aforesaid did [insert particulars of offence] and the Court is satisfied of the accused’s guilt

THE COURT

having considered *the report of............................., a probation and welfare officer *the report of.............................. made for the purposes of Part 9 of the Children Act 2001

having heard the evidence adduced

having given the child’s *parents *(guardian/spouse/adult relative) an opportunity to give evidence

having explained in open Court and in language appropriate to the level of understanding of the accused (a) why a community sanction is being imposed, (b) the terms of the sanction and any conditions to which it is being made subject, (c) the expectation of the Court that the accused will be of good conduct while the community sanction is in force and the possible consequences for the accused of his/her failure to comply with the sanction and any such conditions and *(d) the expectation of the Court that the *parents *guardian of the accused will help and encourage the accused to comply with the sanction and any such conditions and not commit further offences

IT IS HEREBY ORDERED that the accused attend for a total of ..... days at the ................ Day Centre at ................................. for the purpose of participating in an occupation or activity, or receiving instruction which is suitable and beneficial for him/her, beginning on the...