Children Court

The Children Court deals with criminal charges involving children under the age of 18.

The Children Act 2001 is the main piece of legislation that deals with youth justice. The Act aims to ensure that the work of the Children Court considers the best interests of the child concerned.

This page describes the rules of the Children Court, including the types of cases it hears, privacy and in-camera rules, and the age of criminal responsibility for children.

Read more about children and young offenders.

The purpose of the Children Court is to separate court cases involving children from those which involve adults.

In Dublin, a separate Children Court venue in Smithfield hears youth justice cases.

Outside of Dublin, Children Court cases are often held in the District Court on different days or at different times to when adult cases are heard.

Judges who sit in the Children Court may be asked to do special training by the President of the District Court. The Children Court operates to ensure that the best interests of the child are taken into account.

Age of children dealt with by the Children Court

The Children Court deals with criminal proceedings for children under the age of 18. Generally, children under 12 will not be charged with an offence.

However, if a child is aged 10 or 11, their case may be heard in the Central Criminal Court if they are charged with these offences:

• Murder,
• Manslaughter
• Rape, or
• Aggravated sexual assault

Children aged under 14 years

If a child under the age of 14 is charged with a criminal offence, the Director of Public Prosecutions (DPP) must give their consent for the child to be tried.

A judge can dismiss a case against a child under the age of 14, if they have considered the child’s age and level of maturity and are satisfied that the child did not fully understand what was involved when carrying out the offence.

The Children Court has the power to deal with most criminal offences committed by children. Hearings for all minor offences are held in the Children Court, as are most serious, indictable offences. Indictable offences are crimes so serious that the charges must normally be heard before a jury in the higher courts.

Cases the Children Court cannot hear

Certain offences cannot be heard by the Children Court and must be heard in the Central Criminal Court. These offences include:

• Murder
• Attempted murder
• Conspiracy to murder
• Manslaughter
• Rape
• Aggravated sexual assault
• Piracy
• Treason

Under the Irish Constitution a child has a right to be tried before a jury for non-minor offences. The judge asks the child if they want to have their case heard:

• In the Children Court (if the judge is willing to hear the non-minor offence in the Children Court), or
• Before a judge and jury in the higher courts

The child can ask a parent or guardian to help with this decision.

Minor offence

When a child is charged with a minor offence, with one or more adults, the offence should be heard in the Children Court. The adult will be heard as if they were before the District Court.

The Children Court can also decide that the child and adult be heard in the District Court.

Serious offence

In situations where a child and adult are jointly charged with serious offences, the child will be heard by the Children Court as if the child was charged on their own. The adult will be heard in the appropriate court for the serious offence.

If a serious offence would normally be dealt with by a higher court, but a child pleads guilty in the Children Court before the judge has sent the case to the higher court, then the judge can only send the child to the higher court for sentencing.

However, before this can happen the child must sign a plea of guilty, and the court must be satisfied that the child understands the seriousness of the offence and the allegations against them. The Director of Public Prosecutions must also consent to the child’s guilty plea.

The Children Court is a private court and there are restrictions on who can be present in the courtroom when the court is sitting.

The following people are allowed in the courtroom during Children Court proceedings:

• Officers of the court
• The parents or guardian of the child concerned
• The child and their legal representatives (solicitor or barrister)
• People directly involved in the proceedings (for example, witnesses)
• An adult relative of the child or another adult, if the child’s parents or guardian are not present
• Bona fide representatives of the press
• Other people that the court allows to remain at the proceedings at the court’s discretion

Court proceedings are held in private

The in-camera rule applies to the Children Court, and means that the court proceedings cannot be held in public. However, the decisions and orders of the Children Court are made available to the public.

However, as proceedings are held in private, if a report reveals the name, address, or school of the child, or includes information likely to identify the child, it cannot be published or broadcast unless the court orders specific details to be revealed for a specified reason. It is a criminal offence to break this privacy rule.

A parent’s role in the Children Court

A child's parents or guardian must attend the Children Court when their child is in the Children Court unless excused.

If a parent or guardian does not attend, the judge can issue a bench warrant for them. This means the Gardaí can arrest the child’s parents or guardian to ensure they are brought before the judge.

You can read more about:

Children and the criminal justice system

Anti-social behaviour by children

Garda Youth Diversion Programme

Detention of children

Treatment of child suspects in Garda custody

Family conferences

Community sanctions for young offenders

Detention of children