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24 2001

CHILDREN ACT, 2001

PART 5

Criminal Responsibility

Age of criminal responsibility.

52. —(1) It shall be conclusively presumed that no child under the age of 12 years is capable of committing an offence.

(2) There is a rebuttable presumption that a child who is not less than 12 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong.

Duty of Garda Síochána in relation to certain under-age children.

53. —(1) Subject to subsections (2) and (3), where a member of the Garda Síochána has reasonable grounds for believing that a child under the age of 12 years is responsible for an act or omission which, but for section 52 , would constitute an offence, the member shall endeavour to take the child, or arrange for the child to be taken by another member of the Garda Síochána, to the child's parent or guardian.

(2) Where the child is taken to his or her parent or guardian and the member of the Garda Síochána so taking the child has reasonable grounds for believing that the child is not receiving adequate care or protection, the member shall inform the health board for the area in which the child normally resides of the name, address and age of the child and the circumstances in which he or she came to the notice of the Garda Síochána.

(3) Where it is not practicable for the child to be taken to his or her parent or guardian, the member of the Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of the health board for the area in which the child normally resides.

(4) Where the child comes to the notice of a health board in accordance with subsection (2), or is given into its custody in accordance with subsection (3), and it appears to the health board that the child requires care or protection which he or she is unlikely to receive unless a court makes a care order or a supervision order in respect of the child, it shall be the duty of the health board to apply for a care order or a supervision order, as it thinks fit, in accordance with Part IV of the Act of 1991.

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

(a) that there is an immediate and serious risk to the health or welfare of the child, and

(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by a health board under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

Aiding, etc., under-age child to commit offence.

54. —Where a child under the age of 14 years is responsible for an act or omission which, but for section 52 , would constitute an offence, any person who aids, abets, counsels or procures the child in or in relation to that act or omission shall be guilty of that offence and be liable to be indicted, tried and punished as a principal offender.