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Number 8 of 2024
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CRIMINAL JUSTICE (ENGAGEMENT OF CHILDREN IN CRIMINAL ACTIVITY) ACT 2024
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CONTENTS
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Section
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1. Definitions
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2. Offences and related provisions
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3. Amendment of Schedule to Bail Act 1997
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4. Application of Act
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5. Short title and commencement
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Act Referred to
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Bail Act 1997
(No. 16)
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Number 8 of 2024
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CRIMINAL JUSTICE (ENGAGEMENT OF CHILDREN IN CRIMINAL ACTIVITY) ACT 2024
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An Act to provide for offences relating to the engagement of a child in criminal activity; to amend the
Bail Act 1997
; and to provide for related matters.
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[11th March, 2024]
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Be it enacted by the Oireachtas as follows:
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Definitions
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1. In this Act—
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“adult” means a person who has attained the age of 18 years;
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“child” means a person who has not attained the age of 18 years;
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“criminal activity” means activity—
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(a) that constitutes an offence, or
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(b) that, had it been engaged in by a person of full age and capacity, would constitute an offence;
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“directs”, in relation to criminal activity, means—
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(a) controls or supervises the activity, or
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(b) gives an order, instruction or guidance to, or makes a request of, a person with respect to the carrying out of the activity, with the intention that the person shall carry out that activity.
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Offences and related provisions
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2. (1) An adult who, knowing that a person is a child or being reckless as to whether a person who is a child is a child—
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(a) compels, coerces or directs the child, or
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(b) deceives the child,
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for the purpose of causing that child to engage in criminal activity, shall be guilty of an offence.
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(2) An adult who, knowing that a person is a child or being reckless as to whether a person who is a child is a child—
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(a) induces or invites, or
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(b) aids, abets, counsels or procures,
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the child for the purpose of causing that child to engage in criminal activity, shall be guilty of an offence.
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(3) An adult may be convicted of an offence under this section irrespective of whether the child concerned—
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(a) engaged in the criminal activity concerned,
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(b) intended to engage in the criminal activity concerned, or
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(c) has been prosecuted for, or found guilty of, any offence constituted by the criminal activity concerned.
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(4) A person guilty of an offence under this section shall be liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
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Amendment of Schedule to Bail Act 1997
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3. The Schedule to the
Bail Act 1997
is amended by the insertion of the following after paragraph 44:
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“Offences under the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024
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45. An offence under the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024.”.
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Application of Act
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4. The provisions of this Act shall be without prejudice to any other enactment or rule of law.
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Short title and commencement
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5. (1) This Act may be cited as the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024.
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(2) This Act shall come into operation on such day as the Minister for Justice may by order appoint.
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