3. State Party ReportsIreland[Parts of State party report relating specifically to relevant legal minimum ages, and articles 37 and 40](...) II. DEFINITION OF THE CHILD 64. Majority. In Ireland, the Age of Majority Act, 1985 provides that majority is attained at the age of 18 years or on marriage. At this age citizens also have the right to vote. 65. Child Care Act. The Child Care Act, 1991 defines a child as meaning "a person under the age of 18 years other than a person who is or has been married". (...) 75. Voluntarily giving evidence in court. In any criminal proceedings, the evidence of a person under 14 years of age may be received otherwise than on oath or affirmation if the court is satisfied that the child is capable of giving an intelligible account of events which are relevant to those proceedings. In civil proceedings, witnesses are not subject to any age limit, but evidence must be given on oath or by affirmation. 76. Criminal liability. There is a conclusive presumption in Irish law that a child under 7 years is incapable of committing an offence. There is a rebuttable presumption that a child between 7 and 14 years is incapable of committing an offence, i.e. it must be proved not only that the child committed the offence but that he or she knew that it was wrong. These ages are being reviewed in the context of the examination of the juvenile justice system currently taking place. 77. Deprivation of liberty/imprisonment. Males under 16 and females under 17 cannot, except in exceptional circumstances, be sent to prisons or places of detention operated by the Department of Justice. Under those ages, young offenders may be detained in special schools operated by the Department of Education (see paras. 555-570 for details). (...) IV. CIVIL RIGHTS AND FREEDOMS (...) H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)) 171. Torture and cruel, inhuman or degrading treatment are contrary to the personal rights guaranteed to persons by article 40.3 of the Constitution. 172. In addition, regulations on the treatment of persons in Garda custody prohibit subjecting any person in custody to ill-treatment of any kind or the threat of ill-treatment, whether against the person, the person's family or any other person connected with him or her. 173. Legislation is being prepared which will enable Ireland to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the near future. Ireland signed the Convention on 28 September 1992. Ireland signed and ratified the European Convention for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment on 14 March 1988. 174. Following a visit to Ireland in 1993 by a sub-committee of the Committee set up under the European Convention for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment, the Committee's report on custodial arrangements applying in Ireland and the response of the Irish Government were published on 13 December 1995. (...) VIII. SPECIAL PROTECTION MEASURES (...) B. Children in conflict with the law 1. The administration of juvenile justice (art. 40) 538. Article 15.5 of the Constitution declares that the Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission. 539. Article 32.1 of the Constitution declares that no person shall be tried on any criminal charge save in due course of law. Every person, adult or child, is presumed under Irish law to be innocent until proven guilty. 540. Regulations provide that an arrested person, adult or child, must be told in ordinary language of the offence or other matter in respect of which he or she has been arrested and that he or she is entitled to consult a solicitor. In addition, where an arrested person is under 17 years, a parent or guardian must be informed of the arrest, the reason for the arrest and the right to consult a solicitor. The parent or guardian is also required to attend at the Garda station without delay. 541. In criminal cases, free legal aid is granted by the court where the defendant, of whatever age, establishes to the satisfaction of the court that his or her means are insufficient to pay for legal assistance and where the court is satisfied that the gravity of the charge or exceptional circumstances make it essential in the interest of justice that the defendant should have legal aid in the preparation and conduct of his or her defence. The grant of legal aid entitles the defendant to the services of a solicitor (and in certain circumstances, counsel) in the preparation of his or her defence or appeal. 542. Children charged with an offence have their cases tried in courts established by law. Where the child is under 17 years, a special sitting of the District Court, known as a Children's Court or a Juvenile Court, hears the case, unless the offence is serious enough to be heard by a court of higher jurisdiction. 543. Where a person under 17 years is charged with any offence, under the Children Act, 1908 his or her parent/s must attend all stages of the proceedings unless he or she cannot be found or attendance would be unreasonable. 544. No defendant in a criminal trial, adult or child, is required to give testimony or confess guilt. Every defendant is entitled to call witnesses on his or her behalf and to cross-examine opposing witnesses, either directly or through a solicitor or counsel. 545. A conviction in the District Court may be appealed to the Circuit Criminal Court. A conviction in the Circuit Criminal Court or the Central Criminal Court (which hears the most serious categories of criminal cases) may be appealed to the Court of Criminal Appeal. A further appeal from the Court of Criminal Appeal to the Supreme Court may be made where the Court of Criminal Appeal or the Attorney General certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that such an appeal should be taken. 546. It is a fundamental principle of Irish law that a defendant must be in a position to understand the language used at the trial. Interpreters are provided if necessary, free of charge. 547. It is not the practice of the media to publish any information concerning criminal trials which could lead to the identification of children involved in those proceedings. Consideration is currently being given to putting this on a statutory footing. 548. The Juvenile Liaison Officer scheme is an extrastatutory scheme introduced in the 1960s to divert young offenders from the judicial system. It provides for cautioning and supervising, as an alternative to prosecuting, juveniles who commit minor crimes. It is a requirement of the scheme that the juvenile admits the offence, and the parents or guardians agree to cooperate with the police in the implementation of the Diversion Programme. While the consent of the victim is not a condition for inclusion in the scheme, any views expressed are taken into consideration. 549. The function of the Juvenile Liaison Officer is to maintain contact with any juvenile assigned to the JLO scheme, with the intention of weaning him or her away from involvement in crime. A juvenile who has or may have committed an offence, and who has been warned, can be informally committed to the care of the Officer. The Juvenile Liaison Officer may also be entrusted with the care and guidance of a young person who, though not known to have committed an offence, may be regarded as a potential delinquent by reason of unsatisfactory behaviour, such as persistent truancy, running away from home, staying out late at night, being unruly at school or at home, behaving in a disorderly manner, or frequenting undesirable places. Such cases would come to notice through teachers, parents, school attendance officers, or the Gardaí generally. 550. The number of new cases (i.e. cautions) which came within the scope of the scheme in recent years is as follows:
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551. Since the inception of the scheme in 1963, an annual aggregate of 89 per cent of juveniles cautioned have not re-offended within their two-year supervisory period. There are currently 88 Juvenile Liaison Officers assigned to 38 major centres of population. 552. The Department of Justice recently announced the implementation of reforms to improve the effectiveness of the Juvenile Liaison Officer scheme and to ensure that this option is available for all suitable young offenders. A National Juvenile Liaison Office has been established to oversee the operation of this service throughout the State. The reporting and supervision arrangements for Juvenile Liaison Officers are being reformed with the Garda management at District Court level (generally Garda Superintendents) being given greater responsibilities in this area. There will also be a variation in the duration of the period of supervision by Juvenile Liaison Officers of their charges. 553. Examination of the issue showed that a more flexible approach was required in this area. In future, the approach will be more closely tailored to the needs of the young people concerned. Given the family situation of the young people involved in this scheme, the Garda Commissioner is of the view that there should be scope for members of the Juvenile Liaison Service to visit the young people under their supervision at a time when their parents are most likely to be available, i.e. in the evenings and at weekends. Juvenile Liaison Officers are now available to families at these times. Special training is also provided to Juvenile Liaison Officers. 554. Apart from fines, courts have available to them the option of imposing probation orders and, for 16- and 17-year-old offenders, community service orders. Consideration is currently being given to increasing the range of community-based sanctions and measures available to the courts. 2. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b), (c) and (d) 555. No child can be deprived of his or her liberty except on the basis of an order of a court imposing a sentence of detention or imprisonment. Any arrest, detention or imprisonment of a child must be in conformity with the law. Article 40.4 of the Irish Constitution provides that a judge of the High Court must inquire into any complaint of unlawful detention and must order the release of the person unless satisfied that the detention is in accordance with the law. 556. The Department of Education has responsibility for the provision of residential accommodation for young male offenders up to 16 years of age and female offenders up to 17 years of age. There are currently five centres available for young offenders in Ireland. These can be divided into two categories, based on the age of the child and the seriousness of the offence. Generally speaking, industrial schools cater for children between 10 and 14 years of age, while reformatory schools cater for children between 14 and 16. The operation of these centres is currently governed by the 1908 Children's Act. New legislation is currently being prepared to replace this Act. While it is generally considered that there are an adequate number of industrial school places available, it is considered that further places are needed to provide for the older and more serious offenders. Educational and other arrangements for children in care in special schools for young offenders on 30 June 1994 (...) 557. In this context and in the light of recent judicial and public concern the Government has decided to increase the available facilities through the creation of additional industrial school places for girls and, ultimately, of a separate industrial school facility for girls, and the provision of additional reformatory school places and secure places for girls. 558. It is also planned to provide extra reformatory places for boys. 559. The Department of Justice has responsibility for the detention of male committals aged 16 years and over and females aged 17 years and over. Males under 16 and females under 17 cannot be sent to the prisons or places of detention operated by the Department of Justice (except in exceptional circumstances specified in sections 97 and 102 of the Children Act, 1908 where the court certifies that the young person is of so unruly or depraved a character that he/she cannot be detained in a special school). 560. The 1947 Rules for the Government of Prisons classify every prisoner under the age of 17 years as a juvenile offender and make specific provision for these offenders. The Department of Justice has prepared draft new Prison Rules, which it is hoped will come into force as early as possible in 1996. The draft new Prison Rules provide for certain modifications to the general Prison Rules in the case of prisoners under 18 years, effectively extending the concept of juvenile offender to persons in that age category. 561. Offenders between 15 and 18 years of age, in common with all offenders in prisons/places of detention, have access to a range of counselling and psychological services. These are provided by doctors, psychiatrists, psychologists, probation and welfare officers, chaplains, teachers, workshop instructors, and by voluntary bodies such as Alcoholics Anonymous, Narcotics Anonymous, Gamblers Anonymous, and by the Samaritans who are available on a 24-hour, 365-day-a-year basis, by telephone. Male inmates 562. Male offenders aged 16 to 21 years may be committed by the courts to Saint Patrick's institution which is a place of detention for males in this age group. Males aged 17 years and over may also be sent by the courts to the committal prisons: Mountjoy, Cork, Limerick and Portlaoise. The Department of Justice also has responsibility for the operation of places of detention which include institutions such as Wheatfield and Shanganagh Castle (an open centre catering for male offenders in the 16-21 age group) which were set up under the Prisons Act 1970 as alternatives to prisons "for the purpose of the rehabilitation of offenders". 563. The Minister for Justice made regulations in August 1990 which made it possible to transfer to Wheatfield boys aged 15 years who have been sentenced to imprisonment, having been found by a court to be unruly or depraved. Wheatfield provides a much more suitable environment for these boys, who can be accommodated in close proximity to other youths in their mid- and late teens and kept away from older offenders to a greater extent than is possible in a prison such as Mountjoy. The regime and facilities in Wheatfield allow for emphasis on education and work training for young offenders than other custodial institutions in the system. Female inmates 564. The female prisons at Mountjoy and Limerick generally cater for females aged 17 and over. They can cater for under-17s only on committal by the courts and on certification that they are too unruly to be sent to a special school. A very small number of such offenders (two or three) are committed in any one year. 565. The physical accommodation for female offenders is very limited. There is no separate facility for housing young female offenders who have been certified as unruly and committed to prison. The practice is therefore to provide such persons with a single cell and to arrange, as far as is possible, for their recreation separately from the adult inmates. In the case of Mountjoy Female Prison, juvenile inmates are assigned upon committal a special prison officer who remains assigned to them until their release. 566. Of the 2,317 persons in custody in institutions run by the Department of Justice on 13 June 1995, there were 2 persons in custody aged 15 years, 53 persons in custody aged 16 years and 95 persons in custody aged 17 years. (Of these 2 persons aged 15 years, 2 persons aged 16 years and 7 persons aged 17 years were in custody in a prison.) 567. The draft new Prison Rules state that "as far as practicable, prisoners under the age of 18 years may be accommodated separately from adult prisoners". This provides for situations where, exceptionally, complete separation is either unavoidable or undesirable (e.g. a single prisoner would effectively be in solitary confinement if not allowed to mix with others). It is not possible, however, to guarantee that they would always be separate. 568. The existing Rules for the Government of Prisons, 1947 (sect. 222 (3)) also provide that juveniles (i.e. prisoners under the age of 17 years) who have not been in prison before and who are well conducted in prison shall be kept separate from those who have been in prison before or who misbehave in prison. Section 224 also provides for the separation of juvenile offenders from adult offenders when taking exercise, receiving instruction and attending chapel. 569. Similar conditions apply to prisoners of all ages with regard to visits, letters and other communications. The existing arrangements for visiting is that in general each prisoner is entitled to at least one visit per week but, in practice, visits are allowed more frequently where circumstances permit. Visits in open centres are unsupervised and may be granted on demand. Phone calls are permitted exceptionally. Persons serving sentences are generally allowed to send two letters per week. Extra letters to family or a solicitor may be allowed on request. A prisoner awaiting trial may send out as many letters as he or she likes. There is no limit to the number of letters which may be received. 570. The juvenile justice system is at present governed in the main by the Children Act, 1908. The system is currently being reviewed with the intention of repealing the 1908 Act and replacing it with a comprehensive, modern statute which will deal with all aspects of juvenile justice. 3. The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) 571. No court in Ireland may pass a sentence of capital punishment. The death penalty was abolished by the Criminal Justice Act, 1990. Ireland has also ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. 572. The possibility of early release exists for every person, of whatever age, sentenced to life imprisonment. The Minister for Justice may authorize the release of any prisoner prior to the completion of his or her sentence. In addition, all prisoners who have served seven years or more of a current sentence may, if they so wish, have their sentences reviewed by an independent Sentence Review Group. The Group advises the Minister on the administration of long sentences and may recommend early release. In the event that early release is not recommended, there is provision for subsequent reviews at regular intervals. 4. Physical and psychological recovery and social reintegration (art. 39) |
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573. In Ireland, the Departments of Education, Justice and Health liaise closely in the provision of support services targeted at children in conflict with the law. 574. The Department of Education has responsibility for the operation of five Young Offenders Centres which cater for the detention of young persons committed by the courts. Accommodation in these centres is comprised of short-term remand facilities and long-term detention facilities. The operation of the centres is governed by the provisions of the Children Act, 1908. The long-term facilities are certified by the Minister for Education and the remand facility by the Minister for Justice. The centres are funded by the Department of Education and operate under the overall control of the Department. 575. The primary role of the centres is to provide a programme of care and education aimed at rehabilitating those referred to them by the courts. Boys and girls up to 17 years of age on the date of admission are catered for. [Further information in State party report relating to the administration of juvenile justice](...) INTRODUCTION (...) 12. In Ireland there is high life expectancy, a low death rate and low infant and maternal mortality. The education system and health services are also of a very high standard. In common with other countries there are problems in the areas of child abuse, homelessness and the care of juvenile offenders. (...) I. GENERAL MEASURES OF IMPLEMENTATION (...) B. Existing or planned mechanisms at national or local level for coordinating policies relating to children and for monitoring the implementation of the Convention (...) Coordination of child-care services 48. In recognition of this difficulty and in accordance with a commitment given in the Programme for Government, "A Government of Renewal, December 1994, the Irish Government has appointed a Minister of State to the Departments of Health, Education and Justice with special responsibility for children and in particular coordinating the activities of the three departments in relation to child protection and juvenile justice. The Minister of State has also been charged with responsibility for addressing the problems of school truancy and early school leavers as well as having responsibility for overseeing the full implementation of the Child Care Act. This appointment has, for the first time, brought together under a single minister responsibility for child protection, youth homelessness, school truancy and children in trouble with the law, areas which in the past have been the responsibility of three government ministers. 49. The Minister is involved in the preparation of new legislation in the area of juvenile justice, the purpose of which is to streamline the process of early intervention and to provide for the courts a range of community-based sanctions and measures for child offenders. In addition, it will deal with the need for suitable custodial facilities for child offenders where detention of a child has to be imposed as a last resort. Parents will also be involved in dealing with situations where their children come into conflict with the law. 50. At an operational level, an interdepartmental committee representative of the Departments of Health, Education and Justice and chaired by the Minister of State has been established. The initiative is paying dividends in terms of closer working relationships between the three departments and their agencies and is resulting in a more cohesive approach to problem-solving and policy development. 51. Ireland is the first country in Europe to appoint a minister with special responsibility for children. The measure reflects the special priority accorded by the Government to the development of child-care services in order to more adequately address the needs of our children. 52. Each Health Board is required, under section 7 of the Child Care Act, to establish a Child Care Advisory Committee to advise the Health Board on the provision of child and family support services in its area. The role of Child Care Advisory Committees is to monitor the provision of child-care services at local level and the fulfilment by the Health Boards of their obligations under the Child Care Act. Each committee must report to the Health Board on the services in the area and consult with the voluntary non-governmental bodies providing services in the region. It also has a function in reviewing the needs of children who are not receiving adequate care and protection. 53. Membership of the Child Care Advisory Committees includes persons with a special interest or expertise in child welfare; there is one representative each of the Gardaí, the Probation and Welfare Service and the educational sector. In order to ensure that voluntary bodies are given an effective voice and role in the planning and development of services, the legislation provides that each committee must include representatives of voluntary non-governmental bodies providing child care and family support services in the region. It is anticipated that consultation of this nature at a regional level will lead to the full development of the necessary services and will ensure that the needs of children are being adequately addressed. (...) V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE (...) C. Separation from parents (art. 9) (...) 190. Apart from the provisions of the Child Care Act, the courts may also commit children to special residential schools in response to persistent school non-attendance or the commission of offences. (...) Persons in Garda custody 193. For arrested persons in Garda custody, regulations require the Gardaí to give information to any person who makes an inquiry as to the Garda station where the person is in custody, provided the person in custody consents to this and the release of the information does not hinder or delay the investigation of a crime. Where the arrested person is under 17 years, a parent or guardian must be informed of the fact that the person is in custody in the Garda station, of the reason for the arrest and of the right to consult a solicitor. The parent or guardian is also required to attend at the Garda station without delay. 194. In the case of prisoners under the age of 18 years, the draft new Prison Rules (see para. 540) provides for the Governor to take particular care to inform the parent(s), or any other person acting in loco parentis, of the prison in which they are detained. (...) IX. CONSULTATION WITH THE NGO SECTOR (...) Special protection measures (...) 657. Children in conflict with the law. Concern was also expressed at the situation regarding children who found themselves in conflict with the law. The questions of deprivation of liberty and ensuring due process of law for children were addressed. The issues raised included the question of raising of the age of criminal responsibility which was an issue under consideration by the Government in the context of new legislation. 658. Concern was expressed regarding the detention of offenders less than 17 years of age and it was suggested that this was a matter for review as detention might be an inappropriate response to such behaviour; a community-based response might be more appropriate for juvenile offenders. The view was also expressed that more information and statistical analysis were necessary to properly evaluate the system as well as improving coordination on all areas of juvenile detention. 659. Government officials responded by expressing the view that the creation of the coordinating committee on children's affairs under the Minister of State at the Departments of Health, Education and Justice would lead to greater cohesion in the area of juvenile justice. It was also hoped that a new bill being drafted in this area would address many of the concerns outlined by the NGOs. Source: Initial reports of States parties due in 1994: Ireland, UN Doc. CRC/C/11/Add.12, paras. 12, 48-53, 64-65, 75-77, 171-174, 190, 193-194, 538-575, 657-659 (17 June 1996) |