In any other situation where a Garda has reasonable grounds for believing that a child under 12 years of age has committed an offence the Garda is obliged to bring the child to the child’s parents or guardian. At all times during the investigation of an offence where a child is a suspect, the child should be treated with dignity in an age- and capacity-appropriate manner by Gardaí.

However, Gardaí are allowed to take necessary steps to prevent any escape from custody and remain under a duty to properly investigate any alleged crime.

Separation of children from adults in Garda stations

When a child is detained in a Garda station it is the duty of the Garda in charge of the station to ensure that, as far as possible, the child is not allowed meet with or associate with adult suspects being detained in the station at the same time. Children are usually not kept in a cell unless there is no other safe or secure accommodation available.

Notice to be given to a child

When a child suspect is brought to a Garda station, it is the duty of the Garda in charge to tell the child without delay in a way that the child understands:

• The details of the crime for which they are detained
• That they are entitled to consult a solicitor and
• That their parents or guardian have been or are being notified

If the parents/guardian cannot be contacted, or if they simply refuse to attend the Garda station, then the child must be informed that he/she can nominate another adult relative or other adult to be informed. Any such person (parent, guardian or other nominated person) is obliged to attend the Garda station without delay.

Where the Garda in charge believes the child may be in need of care or protection, he must also request the Child and Family Agency to send a representative to the station as soon as possible .

Notifying the child’s solicitor

When a child who is detained has asked for a solicitor, the Garda in charge is obliged to notify that solicitor as soon as possible. If the solicitor cannot be contacted or is unwilling or unable to attend, the child must be informed and allowed to ask for another solicitor. This solicitor must then be notified by the Gardaí. If the child requests a solicitor but doesn’t know one or doesn’t name one specifically then the Garda in charge gives the child the name of a number of solicitors who are willing to attend the Garda station.

The request for a solicitor extends to the parents or guardian or other relative. All of these people are entitled to ask for a solicitor on behalf of the child.

Section 61 of the Children Act 2001 provides that a child may not be interviewed or asked to give a written statement unless in the presence of his/her parent, guardian or other nominated adult. In cases, however, where the Gardaí believe a delay in questioning a child suspect would involve:

• a risk of death or injury
• serious loss of or damage to property
• destruction of or interference with evidence or
• the escape of accomplices

then the Garda in charge of the station can authorise the questioning of the child or the taking of a written statement in the absence of a parent or guardian. This is not a common practice, however, and very serious circumstances must exist before the Garda in charge would allow it.

The Garda in charge can also remove an adult during the questioning of a child suspect or during the taking of a written statement where:

• The parent or guardian is the victim of, or has been arrested in connection with, the offence being investigated
• The Garda in charge suspects the parent or guardian of being involved in the offence or
• The Garda in charge believes the parent or guardian would be likely to obstruct the course of justice if they were present during the interview of the child or during the taking of a written statement from the child.

If the Gardaí propose to question a child in the absence of a parent or guardian, they must try and arrange for another parent, relative or other responsible person to be present during the interview.

The Gardaí may decide to summons a child to appear in court in respect of an alleged offence. (This is mostly done in less serious cases involving minor crimes). In such circumstances, the child’s parents or guardian may be named on the summons and, if they are named, they are required to attend at the sitting of the court stated in the summons.