Written answers

Thursday, 13 November 2008

Department of Justice, Equality and Law Reform

Public Order Offences

5:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 35: To ask the Minister for Justice, Equality and Law Reform the number of persons, broken down between children and adults, given anti-social behaviour warnings since the new system came into operation on 1 January 2008; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [40189/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, relating to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children these range from a warning from a member of the Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.

I am informed by the Garda authorities that from 1 January, 2007 to 31 October, 2008, 907 behaviour warnings were issued to adults and from 1 March, 2007 to 31 October, 2008, 548 behaviour warnings were issued to children. There have been 12 formal good behaviour contracts agreed from 1 March, 2007 to 30 September, 2008.

In setting up the scheme in the Criminal Justice Act 2006, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that a court order will be applied for. Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, they will culminate in an order being sought by the Garda authorities from the courts.

I am further informed by the Garda authorities that there have been three applications for civil orders (adult) to the courts between 1 January 2007 and 30 September, 2008, which resulted in one being issued and two refused.

There have been three applications for behaviour orders (children) by the Garda Síochána between 1 March, 2007 and 30 September, 2008, which resulted in two being issued and one refused.

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