asked the Minister for Justice if he will state whether special instructions directing members of the Garda Síochána to warn children alleged to have committed offences instead of bringing them before District Justices have been issued recently; and, if so, if he will state what those instructions are and whether they were issued with his authority.
Ceisteanna—Questions. Oral Answers. - Juvenile Delinquents.
Mr. Boland
The Commissioner, Garda Síochána, has issued instructions that children under 14 years of age are not to be prosecuted by the police for minor offences in any case until the district officer has considered the circumstances of the case, and that if the district officer is satisfied (a) that the offence can be regarded as a childish lapse, (b) that the child isnot of a criminal disposition, (c) that his parents can be relied on to discipline him, (d) that the injured party does not desire to see the child prosecuted, and (e) that no person over 14 years of age is involved in the offence and is being prosecuted for it, the district officer may direct that the case be disposed of by a warning given to the child in the presence of his parents.
The instructions were issued with the knowledge and approval of the Attorney-General, who was consulted beforehand.
There are matters in regard to this which could not be disposed of by way of supplementary question. One is the right of a Garda officer to issue a warning, which is a judicial act, to persons alleged to have committed an offence. With your permission, I would like to raise that matter on the Adjournment. I may say that I agree entirely with the intention behind the regulation.
I will communicate with the Deputy in the course of the day.
The Deputy is not advocating the promiscuous arrest of these children?
I am not opposing the regulation.
One would not know whether he was opposing or proposing.
Deputy Dillon has made an observation now which, I think, is most uncalled for, because I have in fact suggested in debates here that something on this line should be done.
A great many of these remarks are not called for, but the Chair cannot deal with all of them.