What happens if a child has been accused of a crime?
What happens if a child has been accused of a crime?
If a child (a person under the age of 18) has been accused of a crime, this can be dealt with by way of a caution or by being brought to court.
A child should be considered for a caution before they are brought to court. When a child is being considered for a caution, they are being considered for the diversion programme. The diversion programme is a way of diverting children away from the criminal justice system by not having them brought to court. Instead they are given a caution, this can be an informal or a formal caution. A caution is a warning given by an Garda Síochána for criminal behaviour. It is not recorded as a criminal conviction.
If a child is to be considered suitable for the diversion programme they must take responsibility for the offending behaviour and they must consent to being cautioned. A child must be given a reasonable opportunity to consult with their parents or guardian and obtain legal advice. When a child is being considered for the programme a Juvenile Liaison Officer (JLO) will make contact with the child and their parent or guardian. A meeting will take place, normally in the child’s home or at a Garda Station. The offending behaviour will be discussed in the meeting.
If the child is deemed suitable for the programme they will receive written confirmation that they have been admitted to the programme. The written confirmation will say whether the child is to receive a formal or informal caution.
An informal caution is given for less serious behaviour and is normally done at the child’s home or in a Garda Station. It is administered by the JLO in the presence of a parent or guardian. An informal caution cannot be given if a child has previously received a formal caution. A child who is given an informal caution is not normally placed under supervision, however in exceptional circumstances they may be placed under supervision for 6 months.
A formal caution is normally administered in a Garda Station to highlight it is more serious. It is given by a JLO, a Garda inspector or a more senior officer. A child given a formal caution is placed under Garda supervision for a period of 12 months. This period of supervision may, in certain circumstances be varied by the Director. The extent of the supervision will depend on a number of factors such as the seriousness of the offence, the level of support given by parents or guardians, the likelihood of the child committing any further offences and any directions of the Director.
If your child or a child in your care has been accused of a crime or if a JLO has been in contact and you have any questions, a solicitor from our office can provide guidance on the process. Solicitors in our office have extensive experience with the diversion programme and can offer the best advice throughout the process.