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Minister for Justice stated when dealing with the range of sanctions which a court could
impose when sentencinga childoffender:
“these sanctions are of the utmost importance in that theygive tangible effect to the
principle in the Bill that detention will be an option of absolute last resort.” (Mr.
O’Donoghue, Minister for Justice, vol. 517, col. 37, Children Bill 1999 Second Stage,
29 th March, 2000.
Andlater he reiterated:
“One of the purposes of the Bill is to provide the courts with an intervention andpenalty
structure suitedto children. For example, the restorative conferencingprovisions and
communitysanctions are designedspecificallyfor children”. (Mr O’Donoghue,
Minister for Justice, vol. 538, col. 130, Dail Eireann Children Bill, 1999, 13 th June
2001).
The legislation when passedspecificallyaddressedthe use of imprisonment as a penaltyas
follows:
Section 156. – No court shall pass a sentence of imprisonment on a childor commit a
childto prison.
Andfurther, applyingthe principle of parsimony, the Act sets out the principles relatingto the
exercise of criminal jurisdiction over children as follows:
Section 96. –
(1) Anycourt when dealingwith children chargedwith offences shall have regardto-
(a) the principle that children have rights and freedom before the law
equal to those enjoyed by adults and, in parcicular, a right to be
heard and to participate in any proceedings of the court that can
affect them, and
(b) the principle that criminal proceedings shall not be used solely to
provide any assistance or service needed to care for or protect a
child.
(2) Because it is desirable wherever possible-
(a) to allow the education, training or employment of children to
proceedwithout interruption,
(b) to preserve and strengthen the relationship between children and
their parents andother familymembers,
(c) to foster the ability of families to develop their own means of
dealingwith offending bytheir children, and
(d) to allowchildren reside in their own homes,
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