As part of my Aspects of family law module, I have been asked to write an assignment about children in the Criminal Justice System. This assignment will discuss as to when a child is to be held criminally responsible and how the process of detaining a child works. I will discuss the main children’s detention centre in Ireland as well as previous centres which have closed due to poor conditions and running. I have outlined the acts that protect children in detention as well as critically discussing the rights of youth offenders in the Criminal Justice System specifically discussing their rights while in detention both in the hands of An Garda Síochána and in children detention centres. This essay will also outline the Gardaí’s rights when detaining a child and how they have a responsibility to care and look after the child while the child is in their custody. As part of my research in writing this assignment, I have looked at many journal articles and academic websites including Citizens Information which gives information about social and public services.
Young people, both children and youths are some of the most powerless and endangered individuals in society. The law of the state in Ireland secures youngsters until they are considered to be able to associate and interchange in the public eye as grown-ups. Hence why kids are dealt with uniquely in contrast to grown-ups by the Criminal Justice framework. The law which manages youngsters found in rupture of troubles in Criminal Law is contained in the Children Act 2001 which was altered by the Criminal Justice Act 2006, the Children (Amendment) Act 2015 and different acts. Until the presentation of the Children Act 2001 numerous articulations were utilized to recognize somebody inside the extent of the juvenile justice framework with common names such as juveniles, minors or young offenders being used frequently. Be that as it may, the word ‘child’ is presently characterized in Section 3 of the 2001 act, which states that it is an individual who is younger than 18 years.
So when is a child a viewed to be of the age of criminal responsibility? This information is outlined in Section 52 of the Children Act 2001 as changed by Section 129 of the Criminal Justice Act 2006. Since 2006, the age of criminal responsibility has risen from seven years of age to twelve years of age. In simple terms, this means that those who have not achieved the age of twelve years cannot be accused of an offence. However, there is a special case for those aged ten or eleven who may be indicted for serious crimes like murder or rape as well as others. Also, it is key to note that of those aged fourteen or under who have been charged with an offence, criminal proceedings cannot begin without the assent of the Director of Public Prosecutions. In spite of the fact that the 2001 Act disallows children under twelve years old from being charged and indicted for a crime, they aren’t all clear in the event they commit a crime. Gardaí have the power to take a child under twelve years old to their folks, where they have sensible reason for trusting that the child has carried out an offense and where the youngster can’t be charged because of his/her age. Where this is preposterous the Gardaí will mastermind for the child to be taken into the care of the Child and Family Agency (Tusla). In these circumstances, it is preferable that criminal offences be managed by
Tusla and not the Criminal Justice framework as this may be extremely frightening for a child.
A court may force detention on a child for a period of time as outlined Under Section 142 of the Children Act 2001. Of those aged between ten and sixteen who have been condemned by the courts to a time of confinement, they are sent to the Oberstown Children Detention Centre. Those aged 17 years who are condemned are additionally sent to the Oberstown Children Detention Campus. Before Oberstown, children were sent to St Patrick’s institution in Phibsborough Co. Dublin which has since closed due to its poor infrastructure. Concerns were been raised heavily not just in Ireland but also abroad about St Patrick’s been ran as an adult prison rather than a children’s detention centre. Additional concerns were been held about the amount of drug use, bullying and violence that was going on among youths within the centre. St Patrick’s simply did not offer enough education resources and activities for children to partake in. The question that would have to be posed towards the institution at the time was how did they expect children to become rehabilitated if there is a lack of resources within the building.
Children confinement schools give accommodation to a child so that he/she can be kept in guardianship in connection to criminal indictment. This can be the point at which a Court remands a youngster in authority or, following up on a conviction, when a child is condemned either to a time of detainment or for a time of confinement to be supported by supervision in the network by the Probation Service. Prior to sending a youngster to detainment, the court will attempt to ensure that no other alternative is accessible that would address the offenses with which the child is charged.
The main goals of Oberstown detention centre are to maximize the degree for guaranteeing best practice gauges, maximize operational effectiveness and as already mentioned allow for the closure of St. Patrick’s Institution. Oberstown protects and secures youngsters who are remanded in authority or are condemned by the Courts for a time of detainment. The centre also strives to give care, instructions, training and different projects to young men and young ladies in the range of 12 and 18 years to advance back into society and set them up to have their own participation in communities. In certain circumstances, males seventeen years or younger who are of a high risk are sent to Wheatfield centre which operates on a prison system.
Each child that is confined within a detention centre has the right to receive an education while incarcerated. Throughout Oberstown, education is given to children by the Dublin and Dún Laoghaire Education Training Board. Primary level and Secondary level courses in addition to vocational and QQI courses are given to youths within the centre. The good think about the education system in these centres is that each child no matter their ability will be accommodated for due to the fact that some children may not have been given the opportunity to learn to read or write before. From a general view, this is hugely important because when a child is released back into society he/she may have opportunities to progress into jobs or further education. Without academic skills in Ireland, it would be near impossible to find a job.
Oberstown is administered under a solitary Board of Management, including chosen people from staff and the neighbourhood network. An additional five individuals are chosen through the State Boards arrangement procedure and agents of government divisions. The Director of Oberstown is in charge of the everyday running of the centre including the wellbeing of individuals and security inside the Campus and is also responsible for every child inside Oberstown. Each child has the right to know that they are safe from the outside world and that no harm may come upon them. The centre is financed by the Irish Youth Justice Service (IYJS) and the Department of Children and Youth Affairs (DCYA).
Admission to a detention centre:
Upon arrival to a detention centre, the youngster has the right to be examined regarding their wellbeing, educational levels and be examined regarding their bodies and mental state. A report shall also be arranged recognizing any elements that are important to the specific type and dimension of programme that is required by the child while in confinement. A member of staff at the detention centre shall set up a treatment plan indicating what treatment should be given to the child and when this treatment should be carried out. Each child or youth has the right to be given a comprehensive booklet of details outlining the guidelines, rules and complaints procedures that are set out by the centre. These details should be displayed in a way that it does not frighten a youngster and can be effectively comprehended. If a child has low dimensions of proficiency, it is up to the centre to make sure that the child fully understands the booklet.
While at the centre, each child has the right to the use of facilities that are within the premises. Therefore, the facilities shall be suited to the children in a way that they can operate the facilities effectively, have privacy while using them and have friendly relationships with fellow children. It is vital that children have friendships while in detention as it gives them a better lifestyle and may relieve stress they have even if they have done wrong in the past. Every child in detention centres in Ireland has a right to have personal belongings like toys or games on them and has a right to store them in an adequate place. As seen in some grown up prisons, prisoners may have to wear specific clothing but in children detention centres each child has a freedom to wear their own clothes and in the event that the child does not own suitable clothing, he/she will be given clothing by the centre.
On the point of hygiene, every youth has a right to be given clean facilities and be allowed access to wash their clothes as well as be given use of showers and baths.
Each child detention centre in Ireland must guarantee that food is reasonably arranged and given at typical supper times and must ensure that they have high standards in dietetics, cleanliness and wellbeing. Clean and fresh drinking water shall be accessible consistently to children. Each bed that a child is sleeping in should have fresh and clean sheets consistently. medical health care although it is not compulsory, should be given through health services within the centre. Each child also has the right to be looked after and cared for so therefore extra services such as mental and dental care shall be available within the detention centre. To accomplish these measures, arrangements ought to be made to ensure that prepared and qualified staff are working within the centre whether they are full time staff or part time staff or even working on a call basis. To ensure children’s rights on protection, each member of staff working inside the detention centres must be Garda vetted.
In relation to a child’s discipline while inside a detention centre, a child has the right to know that no power be utilized against them by an officer or any other member of staff while in detainment except in cases where an officer is self-protecting or is intervening in an escape. In addition adequate force may be used to stop the danger of self-hurt or damage to another person. If a child wishes to make a complaint while in detention, he or she has the right to do so and can directly look for help from relatives or legal counsels. Of those children who have low linguistic or academic skills, they shall be assisted in any way possible so that they can make their complaint.
Where an offence is committed by a youth eighteen years or younger, for which they have been discovered liable, they have the right to be naturally erased from the record as if the offence never happened, when certain conditions are met as outlined in Section 258 of the Children Act 2001 . The conditions are as per the following:
- Where the misdemeanour was carried out before the youngster got to the age of 18 years old,
- The offense is not one required to be attempted by the Central Criminal Court, (for example, homicide or assault),
- Where 3 years has passed since the finding of blame on the individual and,
- Where the child has not been in trouble by authorities for another offense in that 3-year time span.
In the event that these conditions are met, they are never again viewed under Irish law as having carried out an offence. In the event that they were cautioned by authorities or have been managed under the Probation of Offenders Act 1907, the section 258 will also apply.
When in the future the child becomes an adult and they are searching for a job or applying for a college course or insurance, they have the right to profess to have a perfect record and have had no issues. However it is all not that simple, because on the off chance that they are seeking to go to another country like Australia, they are liable to that nation’s laws in regard to immigration and may need to owe up on convictions.
The first resource for children who have been in trouble with the law is the Garda Juvenile Diversion Programme whose goal is to avert reoffending and to redirect youngsters aged between ten and seventeen years of age who have carried out criminal activity or have participated in illegal behaviour. All offenses qualify for referral and the national executive of the GJDP, who is a senior member of An Garda Síochána chooses if the youngster ought to get a casual or formal warning or whether or not further move ought to be made by the Gardaí, or if the child is inadmissible for the programme. Youths are regarded unacceptable for the programme when they don’t acknowledge their violations or due to the reality and seriousness of their crimes. In these conditions, they might be indicted by the Gardaí.
At the point when a youngster is confined in a Garda station it is the obligation of the Garda accountable for the station to guarantee that the child isn’t permitted to meet with or share a room with grown up suspects being kept in the station along with the child. A youngster cannot be interviewed in a Garda station aside from within the company of his/her parent or an adult associated with them. However, it might be allowed in exceptional circumstances for instance, when a person is in danger of death or damage. Section 6 of the Children Act 2001 explicitly manages the treatment of youngsters while in Garda stations. Section 129 of the Criminal Justice Act 2006 outlines that of those aged less than twelve years old can’t be detained and incarcerated in a Garda station except if the offense is Murder, assault, manslaughter, rape or aggravated sexual assault.
In other circumstances where a person is under twelve and a Garda believes they have committed an offence, he/she is obliged to bring the youngster home to their parents as already stated earlier. After arriving at a Garda station, a child has the right to know the information of the wrongdoing for which he/she is confined, that he/she has the right to be represented by a counsel and that his/her folks have or are being informed. If the child’s parents or guardians cannot be contacted for whatever reason the child has the right to notify another adult. If the child’s solicitor cannot be contacted or does not want to attend, he/she has the right to contact another. Also, if the child is unaware of solicitors, the Gardaí are obliged to give the child a name and number of solicitors who are able to assist the youth.
The Gardaí may order a child to show up in court in regard to an offense and in these conditions the child’s folks might be named on the summons and if there name is on it, they are obliged to go to the sitting of the court expressed in the request.
When the Gardaí decide to charge a youth for an offence, the Garda responsible for the station may coordinate that the child be brought before the next sitting in the Children’s Court. The Gardaí may also request that the youth stay in the Garda station until the next morning. On the other hand, the Garda in control may discharge the child from authority on bail to show up at a sitting of the Children Court inside 30 days. This is finished by requiring the child to go into a ‘recognizance’ to show up in court at a future date. (A recognizance is when the child promises or his/her parents promise that the child will show up in court.
Bibliography
- Citizensinformation.ie. (2017). Children and the criminal justice system. [online] Available at: http://www.citizensinformation.ie/en/justice/children_and_young_offenders/children_and_the_criminal_justice_system_in_ireland.html [Accessed 17 Feb. 2019].
- Hilliard, M. (2017). Grim chapter in criminal justice ends as St Patrick’s closes. [online] The Irish Times. Available at: https://www.irishtimes.com/news/crime-and-law/grim-chapter-in-criminal-justice-ends-as-st-patrick-s-closes-1.3039455 [Accessed 13 Mar. 2019].
- Irish Youth Justice Service. (n.d.). Children Detention Schools – The Department of Justice and Equality:. [online] Available at: http://www.iyjs.ie/en/iyjs/pages/childrendetentionschools [Accessed 17 Feb. 2019].
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- Martynowicz, A. and Ní Dhrisceoil, V. (2009). Detention of Children in Ireland: International Standards and Best Practice. [ebook] Dublin: Irish Penal Reform Trust, pp.42-43. Available at: http://www.iprt.ie/files/Detention_of_Children_in_Ireland_FINAL.pdf [Accessed 28 Feb. 2019].
- Martynowicz, A. and Ní Dhrisceoil, V. (2009). Detention of Children in Ireland: International Standards and Best Practice. [ebook] Dublin: Irish Penal Reform Trust, pp.46. Available at: http://www.iprt.ie/files/Detention_of_Children_in_Ireland_FINAL.pdf [Accessed 28 Feb. 2019].
- Martynowicz, A. and Ní Dhrisceoil, V. (2009). Detention of Children in Ireland: International Standards and Best Practice. [ebook] Dublin: Irish Penal Reform Trust, pp.60. Available at: http://www.iprt.ie/files/Detention_of_Children_in_Ireland_FINAL.pdf [Accessed 28 Feb. 2019].
- An Garda Síochána Garda Youth Diversion Office. (n.d.). [ebook] Available at: https://www.garda.ie/en/crime-prevention/community-engagement/community-engagement-offices/garda-youth-diversion-office/the-diversion-programme-for-young-offenders.pdf [Accessed 18 Feb. 2019].
- Citizensinformation.ie. (2015). Treatment of child suspects in Garda custody. [online] Available at: http://www.citizensinformation.ie/en/justice/children_and_young_offenders/treatment_of_child_suspects_in_garda_custody.html [Accessed 28 Feb. 2019].
- Martynowicz, A. and Ní Dhrisceoil, V. (2009). Detention of Children in Ireland: International Standards and Best Practice. [ebook] Dublin: Irish Penal Reform Trust, pp.68-73. Available at: http://www.iprt.ie/files/Detention_of_Children_in_Ireland_FINAL.pdf [Accessed 28 Feb. 2019].
