The Youth Justice System of Ireland is based on the Children Act 2001. The institutions involved, as well as relevant laws and policies, vary depending on whether the child is a suspect or victim. For the most part witnesses are treated in the same way as victims though victims' rights are more extensive. The Irish legislator has also established several institutions in the area of youth justice and welfare (e.g., Irish Youth Justice Service, The Health Service Executive etc.). Children can report crimes in Ireland. As with adults, child victims and child witnesses have the right to receive information from the moment they report a crime and throughout criminal proceedings. Recently measures to ensure that all victims, adults and children, are protected from harm have been introduced in legislation. A few mechanisms to protect children from secondary victimisation, especially in cases of sexual abuse, have been identified. As with adults, child victims and witnesses in criminal proceedings do not have right to free legal counsel, assistance or representation. Authorities are not obliged to allow the presence of legal advisors during interviews or during the process. With regard to compensation, children and adults can seek compensation from the offender and from the State only in certain circumstances. The age of criminal responsibility in Ireland is 12 years of age. There is an exception, however, for children aged 10 or 11 in case of particularly serious offenses. Apart from this case, it is possible that children under 12 years of age who commit criminal offences will be taken into the custody of the Health Service Executive. Court sessions in cases where child offenders are involved are private and there is a general prohibition to disseminate information which is collected during the court proceedings. Several other measures have been introduced in order to minimise the burden of court proceedings upon child suspects/defendants. These include, inter alia, the participation of the parents or guardians of a child at all stage of proceedings; special training or education required for judges who sit in the Children Court. Child offenders in Ireland may be subject to corrective measures (e.g., an order that the child pay a fine, an order imposing a community sanction, and, as a measure of last resort, a detention and supervision order). No maximum period of detention is specified in respect of children in Irish law. Child offenders who are deprived of their liberty are held in separate facilities from adult offenders. The strengths in the Irish system are related to a wide range of positive reforms in youth justice law and practice passed in recent years, including the adoption of the Children Act 2001 and the establishment of the Irish Youth Justice Service, with responsibility for leading and driving reform in the area of youth justice. The gaps are mostly related to decision making processes and services for children (e.g., invisibility of children in decision making processes, lack of complaints mechanisms and systems to monitor and regulate services for children, and failure to mainstream positive initiatives).
