Dáil Éireann díospóireacht -
Tuesday, 3 Nov 1998

Vol. 495 No. 7

Written Answers. - Juvenile Justice.

Richard Bruton

Ceist:

588 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he will give details of the main establishments dealing with juvenile justice, both statutory and non-statutory, which concern themselves with the areas of responsibility falling within his Department. [21021/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The main establishments dealing with juvenile justice both statutory and non-statutory for which my Department has responsibility are set out as follows:

Garda:

The Garda Juvenile Diversion Programme is an extra-statutory scheme to divert juveniles away from the judicial system, where possible. It provides for the cautioning and supervision of young offenders of 18 years or under as an alternative to prosecution. Under the scheme an attempt is made to see why the juvenile in question has offended and where a problem is identified the juvenile liaison officer refers the family to the appropriate statutory or voluntary agency with expertise in the matter. The JLO deal with the offender as an individual, a member of a family and a member of the community. Even where the actions of a child do not amount to a criminal offence parents/guardians regularly seek support and guidance from the Garda Síochána who will activate the scheme for the benefit of such children. There are currently in excess of 90 Garda personnel of various ranks directly involved in the operation of the Garda juvenile diversion programme on a daily basis.

Prisons:

Male offenders aged 16 and 17 (and up to the age of 21) may be committed on remand or to serve a period of detention to St. Patrick's Institution. Male offenders aged 17 years and over may be committed on remand or sentenced to imprisonment to the four adult committal prisons, Mountjoy, Cork, Limerick and Portlaoise Prisons. Sentenced male offenders aged 16 and 17 may be transferred from any of the four adult committal prisons and from St. Patrick's Institution to Wheatfield Place of Detention, Fort Mitchel and to Shanganagh Castle to serve their sentences. Shanganagh Castle is an open centre reserved exclusively for male offenders aged between 16 and 21 years.

Female offenders aged 17 years (and over) may be committed on remand or sentenced to imprisonment to Mountjoy and Limerick Women's Prisons. However, very few female offenders aged 17 years are committed to penal institutions each year.

Offenders under the age of 15 years cannot be committed to a prison under any circumstances. Fifteen year old male offenders and 15 and 16 year old female offenders can be committed to prison only in exceptional circumstances. This can occur only in cases where the court certifies under the provisions of sections 97 and 102 of the Children Act, 1908, that the young person is so unruly or depraved of character that he or she cannot be detained in a place of detention provided under Part V of the Act.

The legal provisions for the committal of young offenders under the age of 18 years will change on enactment of the Children Bill, 1996. The Children Bill, 1996 proposes that where a court imposes a period of detention on a child, it shall, (a) Where the child is under 16 years of age, order the child to be detained in a children's detention school (operated by the Department of Education and Science); (b) Where the child is 16 or 17 years of age, order the child to be detained in a place of detention (provided by the Minister for Justice, Equality and Law Reform).

There are two non-statutory establishments under the aegis of the Probation and Welfare Service, namely Lions Villa Hostel and Cork Probation Hostel which deal with juvenile offenders from the ages of 14 to 17. There are no statutory establishments under the Probation and Welfare Service of this Department that deal with juvenile justice.

Courts:

Matters relating to juvenile justice can be heard at any level in the courts, i.e. the District, Circuit, High or Supreme Courts, depending on the issue being considered. It has been the practice, in the Dublin Metropolitan District, that juvenile cases at District Court level are heard in a separate designated building.