Sandra McLellan
Ceist:295. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the grounds that qualify a minor to be classified for being on remand. [27566/15]
Amharc ar fhreagraTuesday, 7 July 2015
Ceisteanna (295)
Freagraí scríofa
Section 88 of the Children Act 2001 provides 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 Children Act provides for the involvement of Tusla in such cases, as deemed necessary by a Court.
The jurisdiction to refuse bail can be described as falling into two main categories: the “O’Callaghan principles” and section 2 of the Bail Act 1997. In the 1966 Supreme Court case of the People v O’Callaghan, the Supreme Court stated that in order to refuse bail, the court must be satisfied that it appears probable that the accused will abscond if admitted to bail or that it is reasonably probable that he or she will interfere with prospective jurors or witnesses, tamper with evidence or dispose of illegally acquired property. This allows for issues such as the seriousness of the charge and the nature of the evidence in support of the charge to be properly considered by a Court. In addition, section 2 of the Bail Act 1997 provides that a court may reject an application for bail where it reasonably considers it necessary to prevent a person who has committed a serious offence from committing another serious offence. Children accused of serious offences may be refused bail under section 2 if the text is met and the relevant matters are appropriately considered.
As a general principle, it should be noted that all orders to either remand a child in custody or remand a child on bail in the community are made in individual court cases. 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 presiding judge to decide. In addition, 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.