At what age can a child commit an offence?

The Children Act 2001 (amended by the Criminal Justice Act 2006) has raised the age of criminal responsibility from 7 to 12. This means that a child under 12 cannot be considered capable of committing an offence. However, in cases of children alleged to have committed rape, aggravated sexual assault, murder or manslaughter, the age of criminal responsibility is 10 years. The Act also defines a child as anyone under the age of 18. If a child under 14 is charged with an offence, no further proceedings can take place without the consent of the Director of Public Prosectuions (DPP). If the Gardai believe that a child under the age of 12 has committed an offence, they are obliged to take the child to his parents or guardian. If this is not possible, the Gardai will arrange for the child to be taken into the custody of the Health Service Executive (HSE).

Can a child be detained by the Gardaí?

The Children Act 2001 puts an onus on the Gardaí to 'act with due respect for the personal rights of the children and their dignity as human persons' and for their 'vulnerability owing to their age and level of maturity'.

If a child is being detained in a Garda station, the Gardaí are obliged, as far as is practicable, to ensure that the child is kept apart from any adult being detained there. If a child is arrested and brought to a Garda station, the child must be informed of the offence in appropriate language and told that he or she can consult a solicitor. A member of the Gardai must also inform the child's parent or guardian that the child is being detained, request that they come to the station without delay, and inform them that the child is entitled to consult a solicitor. The child must also be infomed if the Gardai have been unable to contact the child's parent/s or guardian/s.

If a child is convicted of an offence, the Court can order a child under 16 to be detained in a child detention school. Children over 16 years are detained in children detention centres. However, the Court can only impose a detention order if it is satisfied that detention is the only suitable way to deal with the child and if, in the case of children under 16, there is a place available in a child detention school.

Can a child be questioned by the Gardaí?

A child may not be questioned in relation to an alleged offence without the presence of his or her parents or guardian, or another adult (nominated by the Gardai) who is not a member of the Gardaí. The Gardaí may exclude a parent or guardian from the child's presence during questioning if they have reasonable grounds that to delay the questioning might cause death or injury to persons, damage to property, evidence and so on. The Gardai also have the discretion to exclude a parent or guardian if they feel the person is likely to obstruct the course of justice.

For more information on children and the law, go to:

Citizens Information
The Irish Council for Civil Liberties
The Free Legal Advice Centres