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Dáil Éireann díospóireacht -
Tuesday, 23 Apr 1985

Vol. 357 No. 7

Written Answers. - Detention of Minor.

851.

asked the Minister for Justice the reason a person (details supplied) in Dublin 12 who is aged 15 years was detained in St. Patrick's Institution on 22 March 1985 for the weekend; if that institution or his Department check the ages of persons being admitted to such prisons or institutions; if this person was properly detained; and if he is satisfied with procedures which allow this to happen in the absence of parents or any other adult representative.

Limerick East): The person referred to was committed on remand to St. Patrick's Institution at 6 p.m. on Friday 22 March 1985 on foot of a warrant from the Children's Court which indicated that he was of a suitable age for committal to St. Patrick's. When, in accordance with standard practice on committal, he was asked his age he told the authorities in St. Patrick's that he was aged 15¾ years. However as far as those authorities are concerned such a claim, even if established, cannot set aside a court order. Attention is invited to section 123 of the Children Act, 1908. His claim to be under 16 was notified to the Children's Court early on Monday, 25 March, when he appeared there on remand. The charges against him were dismissed.

I am informed that his parents were notified by the Garda Síochána on the afternoon of Friday, 22 March, of the court decision and of the fact that the court had asked that a birth certificate be produced at the hearing which had been fixed for Monday morning.

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