Summary Jurisdiction over Children (Ireland) Act 1884
| Jurisdiction | UK Non-devolved |
| Citation | 1884 c. 19 |
| Year | 1884 |
Summary Jurisdiction over Children (Ireland) Act, 1884
(47 & 48 Vict.) CHAPTER 19.
An Act to amend the Summary Jurisdiction (Ireland) Acts so far as they relate to Children and young Persons.
[3rd July 1884]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited for all purposes as theSummary Jurisdiction over Children (Ireland) Act, 1884.
2 Extension of Act.
2. This Act shall extend to Ireland only.
3 Commencement of Act.
3. This Act shall come into operation on the first day of January one thousand eight hundred and eighty-five.
4 Summary trial of children for indictable offences unless objected to by parent or guardian.
(1)4. (1.) Where a child is charged before a court of summary jurisdiction with any indictable offence other than homicide, the court, if they think it expedient so to do, and if the parent or guardian of the child so charged, when informed by the court of his right to have the child tried by a jury, does not object to the child being dealt with summarily, may deal summarily with the offence, and inflict the same description of punishment as might have been inflicted had the case been tried on indictment:
Provided that—
(a. ) A sentence of penal servitude shall not be passed, but imprisonment shall be substituted therefor; and
(b. ) Where imprisonment is awarded the term shall not in any case exceed one month; and
(c. ) Where a fine is awarded the amount shall not in any case exceed forty shillings; and
(d. ) When the child is a male the court may, instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped with not more than six strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of the child.
(2) (2.) For the purpose of a proceeding under this section, the court of summary jurisdiction, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the parent or guardian of the child, and then address a question to such parent or guardian to the following effect: ‘Do you desire the child to be tried by a jury, and object to the case being dealt with summarily?’ with a statement, if the court think such statement desirable for the information of such parent or guardian, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which the child will be tried if tried by a jury.
(3) (3.) Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court may, if they think it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian, with a view, so far as is practicable, of securing his attendance at the hearing of the charge, or the court may, if they think it expedient so to do, deal with the case summarily.
(4) (4.) This section shall not prejudice the right of a court of summary jurisdiction to send a child to a reformatory or industrial school.
(5) (5.) This section shall not render punishable for an offence any child who is not, in the opinion of the court before whom he is charged, above the age of seven years and of sufficient capacity to commit crime.
5 Summary trial with consent of young persons.
(1)5. (1.) Where a young person is charged before a court of summary jurisdiction with any indictable offence specified in the schedule to this Act, the court, if they think it expedient so to do, having regard to the character and antecedents of the person charged, the nature of...
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