Call for bill to raise age of criminal responsibility
The Irish Council for Civil Liberties (ICCL) has welcomed proposals contained in a draft bill on the rights of young people in the criminal-justice system, but says that the legislation could go further.
The measures in the Children (Amendment) Bill are aimed at clarifying the position of young people who are accused of offending as children.
It amends section 52 of the Children Act 2001 to ensure that consent from the Director of Public Prosecutions (DPP) is required to advance a prosecution against a child (aged over 14) for an offence they are alleged to have committed while they were under the age of 14.
Safeguards
The ICCL’s comments come in its submission to the Joint Committee on Justice, Home Affairs and Migration as part of the committee’s pre-legislative scrutiny of the bill.
The council says that it welcomes the General Scheme of the bill, particularly the adaptations that extend procedural safeguards to young people who are accused of committing an offence as a child but have since reached the age of majority.
“However, the legislation could still go further to embed children’s rights in the youth criminal-justice system on a statutory basis – including in relation to the age of criminal responsibility and the public-interest exception for disclosing a child’s identity in criminal proceedings,” the organisation states.
‘Guarantee’ from DPP
It has made recommendations that include an increase in the age of criminal responsibility from the current 12 to at least 14.
The ICCL adds that there should also be an “explicit guarantee” that the Director of Public Prosecutions (DPP) will act in the best interests of the child when deciding whether to prosecute for serious offences, to comply with Ireland’s international human-rights obligations under the UN Convention on the Rights of the Child (UNCRC).
The organisation also calls for an amendment to protect the child's right to privacy and to ensure the legislation aligns with the judgment in DPP v PB, which mandates that young people should maintain their anonymity if they are accused of offending as a child but have since reached the age of majority in further criminal proceedings – including appeals or sentencing.