Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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66. To ask the Tánaiste and Minister for Justice and Equality the steps he intends to take to expand the penalties available to the Courts in sentencing children convicted of serious offences. [7508/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will appreciate, the sentencing of children is a complex issue and requires careful consideration. The Department of Justice is examining the issue raised in a recent Court case carefully and if changes are necessary to ensure the Courts have a robust and effective framework to sentence children in such cases, they will be brought forward. 

The Youth Justice Strategy 2021-2027 contains an indicative schedule of amendments to the Children Act 2001 to allow for changes to the sentencing of children and to make more alternatives to detention available to the Courts where it is considered appropriate. 

Government approval has already been provided for the drafting of Heads of a Bill to provide for amendments to the Children Act 2001, to ensure that there are sufficient alternative sentencing options to fully and partly suspended sentences, and this legislation is being prepared.

The amendments are intended to maximise the alternative sentencing options available in the 2001 Act, and to remove existing barriers to their use, particularly in relation to children who will turn 18 during the duration of their sentence. The amendments will strengthen the provisions relating to deferment, detention and supervision orders and community sanctions.

The focus during sentencing on reintegration into the community post-release will be strengthened, thereby providing more appropriate sentencing options to partly suspended sentences.

The proposed legislative amendments will provide for Deferred Sentence Supervision Orders. This allows the court to take into consideration how the child has complied with supervision before deciding on the sentence. There will also be provision for circumstances where a child has turned 18 before the resumed hearing takes place.

The Law Reform Commission Report on Suspended Sentences, published in 2020, includes recommendations that will inform the provisions in the proposed amendments to the Children’s Act.