The Bail Act 1997, gave effect to the terms of the Sixteenth Amendment of the Constitution Act which provided for the refusal of bail to a person charged with a serious offence where it is considered reasonably necessary to prevent the commission of a serious offence by that person. The Act was brought fully into operation in May 2000.
The decision to grant or refuse bail in any particular case is a matter for the courts who are, subject only to the Constitution and the law, independent in the exercise of their judicial functions.
The Children Act 2001 introduces a wide range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. The Deputy will appreciate that the Children Act is complex legislation and, due to its complexity, provisions under the Act are being implemented on a phased basis.
The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, provided for, inter alia: The establishment of the Garda diversion programme on a statutory basis and the introduction of a diversion conference based on restorative justice principles as pioneered in New Zealand. To date, in excess of 100 of these conferences have taken place country wide; the payment of compensation by parents in respect of offences committed by their children; court orders to parents to exercise proper control over their children; the introduction of a curfew for children found guilty of offences.
The successful implementation of other community based options, including the new family conferences provided for under sections 79 to 88 of the Act will require a very significant input from the Probation and Welfare Service. In this context, the Probation and Welfare Service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family, New Zealand for the intensive training of all senior probation and welfare officers as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. In addition, the service will provide ongoing training through its staff development unit as required.
Additional probation and welfare officers are being recruited and my Department, in association with the Civil Service and Local Appointments Commission, is currently in the process of interviewing candidates. It is the intention that, subject to an adequate number of staff being recruited from the competition which is under way at present, family conferencing will be implemented by the end of 2003 or early 2004 and that the other community based measures provided for under the Act will be introduced on a phased basis thereafter.
