Dáil Éireann debate -
Thursday, 7 Jul 1960

Vol. 183 No. 9

Criminal Justice Bill, 1960—Report and Final Stages.

Minister for Justice (Mr. Traynor)

I move amendment 1:—

In page 5, section 13, between lines 31 and 32, to insert the following subsection:

"(2) Where a person who is less than seventeen but not less than sixteen years of age is convicted of an offence for which he would, if he were not less than seventeen years of age, be liable to be sentenced to a term of penal servitude or imprisonment and the court considers that none of the other methods in which the case may legally be dealt with is suitable, he may be sentenced to be detained in Saint Patrick's Institution for a period not exceeding the term for which he might, if he were not less than seventeen years of age, be sentenced to penal servitude or imprisonment, as the case may be."

Mr. Dillon

Would the Minister explain the amendment to us?

Mr. Traynor

On the Committee Stage I accepted in principle a proposal by Deputy Declan Costello and Deputy Ryan that the Bill should enable district justices to sentence boys aged 16 to detention in St. Patrick's Institution. The amendment now before the House provides that where the court considers that none of the other methods by which the case could be dealt with is suitable, the boy may be committed direct to St. Patrick's in the same way as the court could commit in the case of a boy aged from 17 to 21.

Mr. Dillon

The effect of this is to extend the period from 17 to 21 to 16 to 21?

Mr. Traynor

Yes, that is what the Deputies were anxious to secure.

Mr. Dillon

Prior to this a boy of 16 would have had to go to reformatory rather than to St. Patrick's?

Mr. Traynor

At present what happens is that the district justice in his own judgment can decide either to send the boy to Marlborough House for a month or, if he deems the offence bad enough, to send him to a reformatory. What the Deputies have in mind, apparently, is that instead of sending the 16-year-old boy to Marlborough House or a reformatory, in the case of sentences longer than a month he should be sent to St. Patrick's Institution where he would get what the Deputies described as "corrective training." If the district justice sentences him to a period of more than 12 months, the justice would have to refer the matter to the circuit court to have the boy sent to what was formerly known as the Borstal but is now known as St. Patrick's Institution.

Mr. Dillon

I should like clarification on this. Under existing law has the district justice any power to send anybody to Borstal for a long term? Before this if you wanted to get a boy sent for a long term of Borstal treatment in St. Patrick's Institution had you to go to the circuit court?

Mr. Traynor

The justice had to refer it to the circuit court.

Mr. Dillon

Had he to be tried by jury?

Mr. Traynor

No.

Mr. Dillon

The only person who had power to send him for a long term of corrective treatment was a circuit court judge?

Mr. Traynor

Yes.

Mr. Dillon

Now we are extending that power to a district justice? What concerns me is this. There is mention in this amendment "... for a period not exceeding the term for which he might, if he were not less than seventeen years of age, be sentenced to penal servitude or imprisonment, as the case may be." There is certainly no power in the law at present for a district justice to sentence anyone to penal servitude.

Mr. Traynor

If the period were for longer than twelve months, he would still have to refer the matter to the circuit court. At present, under an Act of 1908, I think, in the case of a boy of unruly or depraved character, where sending him to a reformatory would not have the desired effect, the justice actually has the power to send him for corrective training.

Mr. Dillon

I want to be quite clear that there is nothing contained in this amendment to enable a district justice to send a boy of 16 to 17 years of age to St. Patrick's Institution for a protracted period without reference to the circuit court.

Mr. Traynor

That is right.

Amendment put and agreed to.

Bill, as amended, received for final consideration.

Mr. Traynor

It was agreed to take all stages to-day.

Mr. Dillon

We have no objection to accommodating the Minister.

Mr. Traynor

It is a simple little Bill which will facilitate those concerned.

Mr. Dillon

We are always prepared to accommodate the reasonable requests of Ministers.

Question: "That the Bill do now pass" put and agreed to.

Ordered: That Seanad Éireann be informed accordingly.