Abstract
The Republic of Ireland has a population of 3.9 million of this figure 29% are under the age of 20 years and 37% are under 25 years. Despite increasing immigration, Ireland still remains a relatively homogenous country with over 90% of individuals categorised as Irish and 88% of the population classified as Roman Catholic (Central Statistics Office, 2002). In April 2005, Ireland had the lowest rate of seasonally adjusted unemployment (4.2%) in the Eurozone compared to an average of 8.9% (Eurostat, 2005). Ireland also had the second lowest rate of youth unemployment (7.9% compared to an average of 19%) in the same period.
This chapter focuses on the juvenile justice system in the Republic of Ireland. It documents the background and history to the Children Act of 2001 which is the first major change in juvenile justice legislation in almost 100 years. Trends in youth crime and crime prevention initiatives are discussed before moving on to discuss the main principles and provisions of the Children Act of 2001 including the use of custody as a measure of last resort, the increased use of community-based sanctions and the introduction of restorative justice initiatives into the system. A common theme throughout the chapter is the slow pace at which the new legislation is being implemented and the implications of these delays for young people in the criminal justice system. The chapter concludes with a reflection on the future direction of juvenile justice in the Republic of Ireland.
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Notes
- 1.
Recently proposed amendments to the Criminal Justice Bill of 2004 include a prohibition against the charging of children under 12 years with most offences (with the exception of the most serious offences, e.g., murder, manslaughter, rape or aggravated sexual assault by a child age 10 or 11 years); the abolition of any rule of law which a child aged between 7 and 14 years is doli incapax and; provisions to ensure that prosecutions of children under 14 years must be sanctioned by the Director of Public Prosecution.
- 2.
For example, the United Nations Standard of Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines on the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
- 3.
In April 2002, following the death of two Gardaí (Irish Police) as a result of a car theft and joyrid-ing incident by juveniles, the Minister for Justice proposed plans for a temporary children's prison wing for 14 and 15 year olds at St. Patrick's Institution. Such a plan would have only been possible under the Children Act (1908) as the Children Act (2001) when fully enacted prohibits the detention of children under 16 years in a place of detention such as St. Patrick's Institution.
- 4.
The number of juveniles cautioned decreased from 10,539 in 1996 to 7,784 in 2000, however the numbers have risen steadily in recent years to 10,240 cases in 2002 (An Garda Síochána, 2000, 2002).
- 5.
A breakdown of the age cohorts for non-headline offences is available for the first time in the Annual Report of the Garda Síochána in 2002.
- 6.
A more comprehensive account of crime prevention initiatives, particularly locally based programmes is available in the Crime Prevention Directory (CSER, 2003).
- 7.
The legislation allowing for the imprisonment of young people in the Children Act (1908) states than an individual aged 15 or 16 can be certified and committed to prison if they are seen to be ‘unruly or depraved.’
- 8.
A total of 1702 young people between the age of 17 and 20 years inclusive were also committed in the same year.
- 9.
35 European Human Rights Report (EHRR) 33.
- 10.
St. Patrick's Institution is a designated Place of Detention operated by the Irish Prison Service.
- 11.
Section 23D is not yet implemented.
- 12.
These figures exclude cases pending for the year (5,439).
- 13.
O'Mahony (2001) argues that there is some evidence to suggest that the most vulnerable and at risk children are excluded from genuine consideration for the Juvenile Diversion Programme from an early age.
- 14.
See Doob and Cesaroni (2004) for more in-depth discussion on the impact of formal proceedings on young people.
- 15.
C.A. s. 75(2)(a)(b).
- 16.
Under the s. 91(4) of the Children's Act (2001) the parent or guardian may be examined with
- 17.
Under s. 82(2)(a)(b) of the Children Act (2001) if there is not agreement on an action plan as a result of a family conference, the court itself may formulate such a plan or alternatively the court can resume proceedings in respect of the offence for which the child is charged.
- 18.
QOP involved random selection of 14-year-old youths from families on welfare living in an impoverished neighbourhood (Green and Healy, 2003: 193).
- 19.
Parents both influence their children and are themselves influenced by their child's behaviour (Flood-Page et al., 2000: 34).
- 20.
C.A. (2001) s. 227(1)a—i and s. 227(2).
- 21.
Part 10 (s. 157–224) of the Children Act (2001) relating to Children Detention Schools including their inspection or operation has not been enforced to date.
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Seymour, M. (2006). Transition and Reform: Juvenile Justice in the Republic of Ireland. In: Junger-Tas, J., Decker, S.H. (eds) International Handbook of Juvenile Justice. Springer, Dordrecht. https://doi.org/10.1007/1-4020-4970-6_5
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