Care system to replace young offender courts

Most children up to the age of 12 who commit offences will be dealt with under the care system rather than the criminal justice…

Most children up to the age of 12 who commit offences will be dealt with under the care system rather than the criminal justice system as a result of changes due to come into force next week.

At present Ireland has one of the lowest ages of criminal responsibility in Europe, with children as young as seven capable of being charged with offences.

While the change will help bring the country into line with international standards, an exception will be made for children between 10 and 11 involved in serious offences such as murder and rape.

The overall increase in the age of criminal responsibility means hundreds of young people will be directed towards the health and social services rather than the criminal justice system.

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Garda figures suggest that up to 1,000 children under 12 are dealt with by law enforcement authorities. The main offences committed by young people included theft, drink-related offences, criminal damage, vehicle offences, public order and burglary.

Some officials in the Health Service Executive (HSE) have privately expressed concern at whether they can cope with the extra volume of children, especially in the Dublin area where many observers say services are already overstretched.

Solicitor and children's rights expert Geoffrey Shannon said resources needed to be targeted at children aged between seven and 12 by funding the appointment of social workers, introducing community sanctions and other forms of intervention.

"There needs to be an appreciation that this will have a significant impact at HSE level and will require additional resources to ensure children benefit in real terms by the increase in the age of criminal responsibility."

However, Minister of State for Children Brian Lenihan said an additional €8 million was being provided to the HSE to facilitate a number of changes to the youth justice system.

While welcoming some recent changes in the youth justice system, a United Nations committee on children's rights last month criticised the Government's decision to make children from the age of 10 upwards criminally responsible in the case of murder, manslaughter and aggravated sexual assault.

Mr Lenihan yesterday emphasised that the number of such children who could face prosecution was very small.

"Nonetheless, victims of these most serious of offences must be assured that justice is seen to be done no matter what the age of the offender."

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent