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Dáil Éireann díospóireacht -
Thursday, 30 May 1985

Vol. 359 No. 1

Written Answers. - Detention of Minors.

578.

asked the Minister for Justice if he will outline the present policy with regard to whether or not any obligation rests on the Garda Síochána to notify parents in the event of minors being arrested; whether he will consider the introduction of a mandatory regulation which would oblige parents not merely to be notified in such cases but to be also present in Court in the event of their children being charged; and if he agrees that this might also help parents who wish to exercise proper controls on their children and who apparently, under the present system, may very well be totally ignorant of misdemeanours being carried out by their children.

Limerick East): The Garda have instructions at present that where they find it necessary to question a child or take a statement from him they should, as a general rule, request a parent or guardian of the child to be present. The instructions further provide that if a parent or guardian cannot be contacted, an adult relative of the child should be approached, if possible.

Section 5 of the Criminal Justice Act 1984 — which is not in force as yet — provides, inter alia, that where a person under the age of 17 years is detained in a Garda station, the member in charge must inform the parent or guardian accordingly as soon as practicable. The regulations to be made under section 7 of that Act regarding the treatment of persons in custody will set out the steps to be taken by the Garda to give effect to section 5. With regard to the attendance at court of parents, section 98 of the Children Act, 1908 makes provision for the Garda to warn parents to attend and for the court to require their attendance.

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