Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Parental responsibility for child

  • 27-10-2016 7:07pm
    #1
    kealb14
    Registered Users, Registered Users 2 Posts: 57 ✭✭


    I just want to say this is only a hypothetical scenario and has not happened to me.

    Let's just say a 17 gets caught driving on the road on a provisional license with no accompanying driver. Since he is under 18 and cant be brought to court or get penalty points, can the parents be punished?


Comments

  • #2
    beechwood55
    Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    What makes you think he cannot be brought to court or get penalty points?


  • #3
    kealb14
    Registered Users, Registered Users 2 Posts: 57 ✭✭kealb14


    Because a friend of mine was pulled before and he was told he couldn't be given a fine or points and that a juvenile liaison officer was sent to talk to him.


  • #4
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    kealb14 wrote: »
    Because a friend of mine was pulled before and he was told he couldn't be given a fine or points and that a juvenile liaison officer was sent to talk to him.

    Your friend misheard. Anyone with a license can get points.


  • #5
    beechwood55
    Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    Think your friend got it wrong. And he will have got penalty points. And that will affect his insurance in the future.


  • #6
    kealb14
    Registered Users, Registered Users 2 Posts: 57 ✭✭kealb14


    So can a parent be held liable for the child's actions?


  • Advertisement
  • #7
    beechwood55
    Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    If the parent is paying the insurance then yes indirectly - the insurance company will not be happy with a 17 year old driving unaccompanied and getting penalty points.
    But otherwise no - the parents will not be held responsible.


  • #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    kealb14 wrote: »
    So can a parent be held liable for the child's actions?

    Ask yourself a question a 15 year old boy has sex with a 14 year old girl no consent will the parents be charged with a crime. The answer btw is no.

    A 17 year old drives a car without insurance he can and may very well be prosecuted, just because a person is under 18 does not mean he can not be prosecuted.

    A civil matter may be different and fact dependant.


  • #9
    Glass fused light
    Registered Users, Registered Users 2 Posts: 1,576 ✭✭✭Glass fused light


    Was there not a newspaper report of a conviction of a son for driving unaccompanied and the father was convicted for allowing him to have the car which the father owned in Mayo(?) about 3 years ago?
    the charge was based on the father knowing the son was driving unaccompanied


  • #10
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    There is an offence of allowing your car to be driven by someone that you know to be uninsured. That's not a case of being responsible for your child's actions; it's irrelevant that the uninsured driver is your child, or is a child at all.

    The age of criminal responsibility in Ireland is 12. If you're over 12 you can be charged, prosecuted and convicted. If you are under 18 this may affect the sentence that can be imposed, or as a policy matter it may cause the authorities to decide to handle the case in a different way from the way they would if you're an adult. (E.g. they could prosecute you for this offence, but on account of your age they decide to try some different strategy.)

    Parents are not guilty of offences committed by their children aged between 12 and 18. However depending on the circumstances an offence committed by a child may lead to an investigation which discloses offences committed by the parents.


  • #11
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    kealb14 wrote: »
    So can a parent be held liable for the child's actions?

    They would not be criminally quilty of anything, however there is a little used provision where when the court believes that a wilful failure of a parent to take care of or to control the child contributed to the child’s criminal behaviour and imposes a compensation order on the parent and may may be recovered in like manner as if the order had been made on the conviction of the parent of the offence of which the child was found guilty, so in effect the parent can be held liable for their childs criminal actions.

    Parents would find bigger issues for civil liability of their childs actions in actions of tort rather than criminal responsibility.


    Peregrinus wrote: »
    The age of criminal responsibility in Ireland is 12. If you're over 12 you can be charged, prosecuted and convicted. If you are under 18 this may affect the sentence that can be imposed, or as a policy matter it may cause the authorities to decide to handle the case in a different way from the way they would if you're an adult. (E.g. they could prosecute you for this offence, but on account of your age they decide to try some different strategy.)

    Worth noting that the age of criminal responsibility drops to 10 for more serious crimes such as rape and murder.


  • Advertisement
Advertisement