Sandra McLellan
Ceist:294. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the average length of time a minor is spending on remand; and the longest length of time a minor can spend on remand. [27565/15]
Amharc ar fhreagraTuesday, 7 July 2015
Ceisteanna (294)
Freagraí scríofa
The average number of days for which children were remanded in custody to the Children Detention Schools at Oberstown, Lusk, County Dublin in 2013 was 25 days and in 2014 it was 22 days. Data in respect of 2015 is not currently available.
The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the judge to decide. Section 88 of the Children Act 2001 allows that a court may remand a child in custody who is charged with or found guilty of an offence, who is being sent forward for trial or in respect of whom the court has postponed a decision. The section also provides that a court shall not remand a child in custody if the only reason for so doing is that the child is in need of care or protection or the court wishes Tusla, the Child and Family Agency to assist it in dealing with the case. In addition, section 76B of the existing Act provides for the involvement of Tusla in such cases, as deemed necessary by a Court.
As provided for in various District Court rules, a child may be remanded in custody in the Children’s Court for an initial period not exceeding 8 days and subsequently, for an individual period not exceeding fifteen days. Children can be remanded in custody for successive periods within this framework but they are brought back before the Court at regular intervals.
While there is no legislation governing the length of remand periods in the Circuit Criminal Court for children, the right to an expeditious trial applies to every accused person irrespective of age. Section 100 of the Children Act 2001 provides that where a Court is satisfied as to the guilt of a child, it may remand a child in custody for the purpose of preparation of any necessary reports but for not longer than 28 days, and this period may only be extended once by a maximum of 14 days.
It is important to note that all children remanded in custody have access to independent legal assistance. Children remanded in custody can apply to a Court to be remanded on bail at any time and a refusal of bail can be appealed to the High Court in accordance with the Bail Act 1997.