Irish Legislation

Number 8 of 2024

CRIMINAL JUSTICE (ENGAGEMENT OF CHILDREN IN CRIMINAL ACTIVITY) ACT 2024

CONTENTS

Section

1. Definitions

2. Offences and related provisions

3. Amendment of Schedule to Bail Act 1997

4. Application of Act

5. Short title and commencement

Act Referred to

Bail Act 1997 (No. 16)

Number 8 of 2024

CRIMINAL JUSTICE (ENGAGEMENT OF CHILDREN IN CRIMINAL ACTIVITY) ACT 2024

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.

[11th March, 2024]

Be it enacted by the Oireachtas as follows:

Definitions

1. In this Act—

“adult” means a person who has attained the age of 18 years;

“child” means a person who has not attained the age of 18 years;

“criminal activity” means activity—

(a) that constitutes an offence, or

(b) that, had it been engaged in by a person of full age and capacity, would constitute an offence;

“directs”, in relation to criminal activity, means—

(a) controls or supervises the activity, or

(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.

Offences and related provisions

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—

(a) compels, coerces or directs the child, or

(b) deceives the child,

for the purpose of causing that child to engage in criminal activity, shall be guilty of an offence.

(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—

(a) induces or invites, or

(b) aids, abets, counsels or procures,

the child for the purpose of causing that child to engage in criminal activity, shall be guilty of an offence.

(3) An adult may be convicted of an offence under this section irrespective of whether the child concerned—

(a) engaged in the criminal activity concerned,

(b) intended to engage in the criminal activity concerned, or

(c) has been prosecuted for, or found guilty of, any offence constituted by the criminal activity concerned.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

Amendment of Schedule to Bail Act 1997

3. The Schedule to the Bail Act 1997 is amended by the insertion of the following after paragraph 44:

“Offences under the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024

45. An offence under the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024.”.

Application of Act

4. The provisions of this Act shall be without prejudice to any other enactment or rule of law.

Short title and commencement

5. (1) This Act may be cited as the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024.

(2) This Act shall come into operation on such day as the Minister for Justice may by order appoint.