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CHILDREN

A person who had not yet turned 18 years on the day that he or she allegedly committed the offence is normally tried as a child. Children are not normally sentenced to adult prisons, but a child who has committed a serious offence may be ordered to be tried and sentenced in an adult court - that is, the District or Supreme Court. In this case a prison sentence may be imposed but the youth will serve that sentence in a training centre, see children and crime [Young Offenders Act 1993 ss.17,36]. The CEO of Family and Youth Services (FAYS) can apply to the Youth Court for an order that the child be removed to a prison for the remainder of the sentence if the court is satisfied that the child is above the age of 16 and cannot be properly controlled in a training centre [Young Offenders Act 1993 s.63].


CHILDREN  :  Last Revised: Tue Nov 15th 2005




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