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You are here: BAILII >> Databases >> Irish Legislation >> Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 URL: http://www.bailii.org/ie/legis/num_act/2024/0008.html |
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Number 8 of 2024 | ||
CRIMINAL JUSTICE (ENGAGEMENT OF CHILDREN IN CRIMINAL ACTIVITY) ACT 2024 | ||
CONTENTS | ||
Section | ||
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Act Referred to | ||
Bail Act 1997 (No. 16) | ||
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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: | ||
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Definitions | ||
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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. | ||
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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— | ||
(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. | ||
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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: | ||
“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.”. | ||
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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. | ||
(2) This Act shall come into operation on such day as the Minister for Justice may by order appoint. |
