Written answers
Tuesday, 26 May 2009
Department of Justice, Equality and Law Reform
Juvenile Offenders
10:00 pm
Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 270: To ask the Minister for Justice, Equality and Law Reform the number of good behaviour contracts entered into in the juvenile justice system involving children to deal with the number of behaviour orders issued to children by the Courts since 1 January 2009; and if he will make a statement on the matter. [21363/09]
Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 271: To ask the Minister for Justice, Equality and Law Reform the number of behaviour warnings issued by the Courts to adults since 1 January 2009; and if he will make a statement on the matter. [21364/09]
Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 270 and 271 together.
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 An 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. With regard to adults, the provisions include a behaviour warning and a civil order issued by the courts.
In setting up the procedures, the intention was that these interventions would address the problem behaviour. It is only if they fail that a court order will be applied for. Consequently, if they succeed, there will be no need to apply to the courts for an order. Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, however, they will culminate in orders being sought by the Garda authorities from the courts.
I am informed by the Garda authorities that in 2009 up to 30 April, 160 behaviour warnings have been issued, no formal good behaviour contracts have been entered into and no behaviour orders have been issued by the courts in respect of children and that 143 behaviour warnings have been issued to adults.
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