Sandra McLellan (Cork East, Sinn Fein)
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292. To ask the Minister for Children and Youth Affairs the number of boys and girls currently within the system in Oberstown boys school, in Oberstown girls school and in Trinity House school. [27563/15]

James Reilly (Dublin North, Fine Gael)
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As of Friday 3 July 2015 the occupancy of the Oberstown campus, Lusk, Co Dublin was as follows.

There were 16 boys detained in Oberstown Boys School, comprising 4 boys on remand and 12 boys serving a sentence of detention.

There were 19 boys detained in Trinity House School, comprising 8 boys on remand and 11 boys serving a sentence of detention.

There were no girls detained in Oberstown Girls School.

Sandra McLellan (Cork East, Sinn Fein)
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293. To ask the Minister for Children and Youth Affairs the number of minors on remand in Trinity House from the year 2000 to 2015. [27564/15]

James Reilly (Dublin North, Fine Gael)
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The information requested by the Deputy is not readily available in the format requested. However, I can confirm that in 2014, a total of 33 boys were remanded in custody to Trinity House School. In 2013, the comparable figure was 30 boys. The Deputy may wish to note that many boys who are remanded in custody are remanded on more than one occasion.

I have requested my Department to assemble such further information as may be available on the number of minors remanded in custody in both Trinity House School and the Oberstown campus as a whole over the period in question. This will be forwarded directly to the Deputy.

Sandra McLellan (Cork East, Sinn Fein)
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294. To ask the Minister for Children and Youth Affairs the average length of time a minor is spending on remand; and the longest length of time a minor can spend on remand. [27565/15]

James Reilly (Dublin North, Fine Gael)
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The average number of days for which children were remanded in custody to the Children Detention Schools at Oberstown, Lusk, County Dublin in 2013 was 25 days and in 2014 it was 22 days. Data in respect of 2015 is not currently available.

The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the judge to decide. Section 88 of the Children Act 2001 allows that a court may remand a child in custody 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 also provides that a court shall not remand a child in custody if the only reason for so doing is that the child 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’s Court for an initial period not exceeding 8 days and subsequently, for an individual period not exceeding fifteen days. Children can be remanded in custody for successive periods within this framework but they are brought back before the Court at regular intervals. 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 Children Act 2001 provides that where a Court is satisfied as to the guilt of a child, it may remand a child in custody for the purpose of preparation of any necessary reports but for not longer than 28 days, and this period may only be extended once by a maximum of 14 days.

It is important to note that all children remanded in custody have access to independent legal assistance. 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.

Sandra McLellan (Cork East, Sinn Fein)
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295. To ask the Minister for Children and Youth Affairs the grounds that qualify a minor to be classified for being on remand. [27566/15]

James Reilly (Dublin North, Fine Gael)
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Section 88 of the Children Act 2001 provides that a court may remand a child in custody 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 also provides that a court shall not remand a child in custody if the only reason for so doing is that the child 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 Children Act provides for the involvement of Tusla in such cases, as deemed necessary by a Court.

The jurisdiction to refuse bail can be described as falling into two main categories: the “O’Callaghan principles” and section 2 of the Bail Act 1997. In the 1966 Supreme Court case of the People v O’Callaghan, the Supreme Court stated that in order to refuse bail, the court must be satisfied that it appears probable that the accused will abscond if admitted to bail or that it is reasonably probable that he or she will interfere with prospective jurors or witnesses, tamper with evidence or dispose of illegally acquired property. This allows for issues such as the seriousness of the charge and the nature of the evidence in support of the charge to be properly considered by a Court. In addition, section 2 of the Bail Act 1997 provides that a court may reject an application for bail where it reasonably considers it necessary to prevent a person who has committed a serious offence from committing another serious offence. Children accused of serious offences may be refused bail under section 2 if the text is met and the relevant matters are appropriately considered.

As a general principle, it should be noted that all orders to either remand a child in custody or remand a child on bail in the community are made in individual court cases. The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the presiding judge to decide. In addition, all children remanded in custody have access to independent legal assistance. 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.

Sandra McLellan (Cork East, Sinn Fein)
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296. To ask the Minister for Children and Youth Affairs the age range and profile for minors currently living in Oberstown schools. [27567/15]

James Reilly (Dublin North, Fine Gael)
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The 3 children detention schools currently in operation are Trinity House School for males, Oberstown Boys School and Oberstown Girls School, all of which are located on a campus in Oberstown, Lusk, Co Dublin. Under current arrangements, the children detention schools are authorised to detain: males remanded in custody from 10 years of age up to 17 years; males serving a sentence of detention from 10 years of age up to 16 years; females remanded in custody or serving a sentence of detention from 10 years of age up to 17 years. All ages mentioned above refer to the age of the child on being remanded in custody or sentenced to a period of detention by a court.

The age range of young people detained on the Oberstown campus as of 3 July 2015 is listed in the following table:

Sandra McLellan (Cork East, Sinn Fein)
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297. To ask the Minister for Children and Youth Affairs if there is a clear boundary between mixing children of younger ages with those turning 18 years of age in Oberstown schools. [27568/15]

James Reilly (Dublin North, Fine Gael)
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The question of where a child resides while detained in a children detention school is a matter of individual professional assessment and regular review by Oberstown management in each case. Relevant criteria include whether the child is remanded in custody or serving a sentence of detention, the age of the child, any physical or mental health issues presenting, the child’s educational background, the nature of the offences involved, the pattern of offending behaviour, the length of time to be served in custody and any physical or mental health issues.

A small number of young people are occasionally in custody on the Oberstown campus in excess of the age of 18 years. This could arise where the young person in question is remaining on the campus under section 155 of the Children Act 2001, which provides that young people may remain under certain conditions past the 18th birthday in a children detention school for a maximum period of 6 months. Such young people remain within the legal definition of a child for the purposes of Part 10 of the Children Act 2001. The purpose of this provision is to minimise the progression of children into the adult prison system. This factor is taken into account when deciding and reviewing where individual children in custody should reside, along the other criteria outlined above. However, it should be noted that age is not the only factor considered and all relevant criteria are taken into account on an individual basis as part of the child focused model of detention that is in place on the Oberstown campus.