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View/Open - CORA - University College Cork

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a sanction would be the most suitable way of dealing with the<br />

case.<br />

(2) Where the court intends to impose a community sanction it shall<br />

explain to the child in open court and in language appropriate to<br />

the level of understanding of the child-<br />

(a) whya communitysanction is being imposed,<br />

(b) the terms of the sanction and any conditions to which it is<br />

beingmade subject,<br />

(c) the expectation of the court that the child will be of good<br />

conduct while the community sanction is in force and the<br />

possible consequences for the child of his or her failure to<br />

complywith the sanction andanysuch conditions, and<br />

(d) the expectation of the court that the child’s parents or<br />

guardian, where appropriate, will help and encourage the child<br />

to comply with the sanction and any such conditions and not<br />

commit further offences.<br />

(3) In any case where the court has explained to the child the matters<br />

referred to in subsection (2) and the child does not express his or her<br />

willingness to comply with the proposed community sanction and<br />

any conditions to which it is being made subject, the court may,<br />

instead of imposing such a sanction, deal with the case in anyother<br />

manner in which it maybe dealt with.<br />

(4) Where the child fails to comply with a community sanction or any<br />

conditions to which it is subject or where for any reason a<br />

community sanction is revoked by the court, the court shall not<br />

make an order imposing a period of detention on the child unless it<br />

is satisfied that detention is the only suitable way of dealing with<br />

the child.<br />

205

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