James Reilly (Dublin North, Fine Gael) | Oireachtas source

As Deputy Clare Daly pointed out, her amendment proposes to insert a new provision in section 88 of the existing Children Act which deals with the remand of children in custody. The effect of the proposed amendment would be to impose a maximum period of remand in custody for a child of three months from the date of being remanded in custody by the court. Section 88 of the Children Act allows a court to remand in custody a child who is charged with or found guilty of an offence, who is being sent forward for trial or in respect of whom the court has postponed a decision. The section in question also provides that a court shall not remand a child in custody if the only reason for so doing is that he or she is in need of care or protection or the court wishes Tusla, the Child and Family Agency, to assist it in dealing with the case. In addition, section 76B of the existing Act provides for the involvement of Tusla in such cases, as deemed necessary by a court.

As provided for in various District Court rules, a child may be remanded in custody in the Children Court for an initial period not exceeding eight days and subsequently for an individual period not exceeding 15 days. Children can be remanded in custody for successive periods within this framework, but they are brought back before the court at regular intervals, which is important to remember. It is not as if they are being placed on remand for three months.

While there is no legislation governing the length of remand periods in the Circuit Criminal Court for children, the right to an expeditious trial applies to every accused person, irrespective of age. Section 100 of the current Act provides that where a court is satisfied as to the guilt of a child, it may remand him or her in custody for the purpose of the preparation of any necessary report but not for longer than 28 days. This period may only be extended once by a maximum of 14 days.

It is also important to note that all children remanded in custody have, of course, access to independent legal advice. Children remanded in custody can apply to a court to be remanded on bail at any time and a refusal of bail can be appealed to the High Court in accordance with the Bail Act 1997.

The effect of the amendment as drafted would be to impose a maximum period of remand in custody of three months for all children. This would create a blunt rule which would apply in all cases relating to children in the criminal justice system, irrespective of the circumstances where a remand in custody may be considered necessary by the courts. This should not occur in the case of minor offences but if a 16 or 17 year old is accused of murder or manslaughter and the Deputy wants to impose a maximum remand of three months when court hearings are not within our control and it is necessary to have a Garda investigation to gather evidence, I do not believe this is wise. For these reasons I am not accepting the amendment.

I want to emphasise another point the Deputy alluded to, which might be the subject of further amendments. We absolutely want to ensure that detention, whether remand or otherwise, is the course of last resort and should never be because Tusla's assistance is required and awaited or because there are child protection issues. That would not be appropriate and will not occur under this Bill.

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