Pat Deering
Question:340. Deputy Pat Deering asked the Minister for Justice and Equality the deterrents in place for young persons under 12 years of age who are stealing from shops and businesses in County Carlow. [5713/15]
View answerTuesday, 10 February 2015
Questions (340)
Written answers
As the Deputy will be aware, the age of criminal responsibility was effectively raised from 7 to 12 years under Part 5 of the Children Act 2001, as substituted by Section 129 of the Criminal Justice Act 2006, which came into force on the 16th October 2006. No child under the age of 12 years can be charged with an offence. An exception is made for 10 and 11 year-olds charged with murder, manslaughter, rape, rape under Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990 or aggravated sexual assault. In addition, the Director of Public Prosecutions must give consent for proceedings to continue against any child under the age of 14 years that has been charged with an offence.
Section 53 of the Children Act 2001 sets out a series of clear steps which a member of An Garda Síochána should undertake when dealing with any child under the age of criminal responsibility who commits an offence
1. The Garda should take the child to its parent or guardian.
2. Where the Garda has reasonable grounds for believing that the child is not receiving adequate care or protection, the Garda shall inform the HSE of the child's name, address and age and the circumstances in which the child came to the attention of An Garda Síochána.
3. Where it is not practicable for the child to be taken to his or her parent or guardian, the member of An Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of the health board for the area in which the child normally resolves.
4. Where the Garda has reasonable grounds for believing (a) that there is an immediate and serious risk to the health and welfare of the child, and (b) that it would not be sufficient to await an emergency care order, the Garda may remove the child to safety.
Section 53(4) of the Children Act states that it is the duty of the HSE to apply for a care order or supervision order (in accordance with the Child Care Act 1991) where it appears to the HSE that the child is unlikely to receive the care and protection it requires under the circumstances described above.
The Deputy will be aware that the functions of the Health Service Executive under the Children Act 2001, as amended, transferred to Tusla, the Child and Family Agency under the Child and Family Agency Act 2013. In the circumstances you may wish to contact Tusla, which comes under the remit of my colleague the Minister for Children and Youth Affairs, about their role in relation to such children.
Question No. 341 answered with Question No. 328.