Written answers
Tuesday, 16 November 2010
Department of Justice, Equality and Law Reform
Garda Operations
9:00 am
Joe Carey (Clare, Fine Gael)
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Question 261: To ask the Minister for Justice and Law Reform his plans to review anti social behaviour orders; and if he will make a statement on the matter. [43044/10]
Dermot Ahern (Louth, Fianna Fail)
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Part 11 of the Criminal Justice Act 2006 provides for civil proceedings in relation to anti-social behaviour by adults, and Part 13 of the Act relates to anti-social behaviour by children. These provisions set out an incremental procedure for addressing anti-social behaviour. For adults they provide for a behaviour warning and a civil order. For children, they range from a behaviour 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 Court. Applications to the courts for civil orders and behaviour orders are considered only as the last stage in a process. If the offending anti-social behaviour has been addressed at an earlier stage in the process, it is not necessary to apply to the courts for an order.
The range of legislative, policy and operational measures which target anti-social behaviour, including those provided for in the Criminal Justice Act 2006, are under ongoing review by my Department, in consultation with the Garda authorities and other relevant Departments, in the light of the experience gained in their utilisation.
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