Child arrest procedure

ChingfordSpur

I'm looking to find out more info regarding the arrest procedure of children......
I've found out about certain parts but it's all scattered about on different sites.
I understand that a child can receive a formal or informal caution for an offence but can't find out how many times a child can receive a caution. Is it that they can receive one informal, one formal and then they will be charged?? Or will a child continue to be cautioned until the adult age of 18?

Also what happens when a child/adult is arrested? I'm from England and know that the procedure is to arrest, be taken to the station, have fingerprints, photo and DNA taken, interview, charging decision made......is this the same in Ireland?

Any help would be appreciated.

Tom Young

No, the procedure is a lot different after Arrest, Charge and Caution - which are faily similar in transaction

The answers are to be found in the more recent Criminal Justice Acts 2006 http://www.irishstatutebook.ie/2006/en/act/pub/0026/index.html and 2007 http://www.irishstatutebook.ie/2007/en/act/pub/0029/index.htmland other procedures exist in the Childrens Act 1997 http://www.irishstatutebook.ie/1997/en/act/pub/0040/index.html and 2001 http://www.irishstatutebook.ie/2001/en/act/pub/0024/sec0055.html#partvi Part 6 has most of the detail/s.

ChingfordSpur

Thanks for the response Tom.

I have had a quick flick through and gather that a lot of that is more legal talk.

Can you tell me whether a child can be arrested between ages of 12 and 18 for offences other than rape, aggravated sexual assault, murder or manslaughter? If yes, are they dealt with at the Garda Station? If no, are they just taken home and issues taken further by the JLO assigned to them?

Spike440

They can be arrested and they would be brought to the Garda Station. The Gardai call the parents and social services at that point.

Tom Young

Yes, doli incapax was scrapped in the 2007 act S. 148? if memory serves me correctly, but a 'presumption' does exist. Garda Station - yes.

If this is a live issue, legal advice is best coming from a solicitor who deals with Crime matters.

Tom

ChingfordSpur

Thanks again for the further responses.

This is not a live issue or me looking for advice. I just really couldn'tfind the info on any websites. I am applying for a job within the youth justice sector and need to research certain aspects of what actually happens. It seems a lot of the processes are similar to the UK but I wanted to know which parts are different.

Tom Young

We are a bit behind the UK in terms of process. I wouldn't advocate a copy and paste appraoch to these issues either - which tends to happen e.g., asbos.

McCrack

If you are interested in this area I would suggest you take a look at Geoffrey Shannon's publications. He is a solicitor and a lecturer in family and child law at the Law Society.

He has published many articles and books on child law and juvenile justice.