If your child has been charged with a criminal offence in Dublin, the situation can be terrifying, perplexing, and emotionally draining. Knowing what to do next and recognising your child’s rights is critical.
In Ireland, the criminal justice system treats children differently than adults, focusing on rehabilitation and diversion rather than punishment. However, this does not imply that the repercussions can be ignored.
At Fahy Bambury Solicitors, our team of experienced criminal solicitors provides clear, compassionate guidance to families navigating the legal system after a child has been accused of an offence.
How Are Juvenile Cases Handled in Ireland?
A kid is defined in Irish law as an individual under the age of 18. When a child is suspected of committing a crime, the situation might be dealt with in one of two ways:
- Through admission into the Diversion Programme, or
- Through formal prosecution in the courts
Gardaí are constitutionally compelled to consider diversion before proceeding to court, especially for first-time or minor offenses.
The Garda Youth Diversion Programme
The Diversion Program is intended to keep young people out of the legal system when appropriate. It allows children to accept responsibility for their misdeeds, learn from them, and avoid having a criminal record.
Who Qualifies for Diversion?
To be eligible, the child must:
- Admit to the offending behaviour
- Consent to participate in the programme
- Be assessed as suitable by a Juvenile Liaison Officer (JLO)
If these criteria are met, the child may receive a caution instead of facing prosecution. This caution can be informal or formal, depending on the severity of the offence.
Informal vs Formal Cautions
Informal Caution
- Usually issued for less serious offences
- Administered by the JLO in the child’s home or Garda station
- Delivered in the presence of a parent or guardian
- Does not involve supervision in most cases
Formal Caution
- Given for more serious or repeat offences
- Administered by a JLO, Garda Inspector, or higher-ranking officer
- Always involves Garda supervision for up to 12 months
- Supervision may include regular check-ins and behavioural monitoring
Formal cautions reflect a more serious view of the offence and can influence whether future offences result in court proceedings.
What If Diversion Is Not Offered?
If the kid is not eligible for the Diversion Programme or rejects to participate, the case will be heard in the Children’s Court. The child will be legally charged and a court date will be scheduled.
At this point, it is critical to get legal assistance from a qualified juvenile criminal solicitor in Dublin. Court processes can be difficult and emotionally challenging, so having legal representation is critical to safeguarding the child’s rights and reaching the best possible outcome.
The Importance of Legal Advice
Whether your child is being considered for diversion or is facing formal prosecution, seeking expert legal guidance is critical. A solicitor can:
- Review the Garda file and evidence
- Represent your child at all meetings and hearings
- Advise on the likelihood of diversion
- Protect your child’s rights throughout the process
- Advocate for the least severe outcome available
Searching for “criminal solicitors near me” can lead you to many names but few with the experience and sensitivity required to handle juvenile defence cases. At Fahy Bambury, we treat every young client with the care, respect, and discretion they deserve.
Final Word
A child being accused of a crime does not imply their future is gone; but, decisions taken early in the process are critical. Whether your child has been approached by a JLO, cautioned, or formally charged, don’t wait to seek legal assistance.
If you need caring, skilled counsel for children’s criminal crimes in Dublin, call Fahy Bambury counsel now. We have decades of experience in youth defence and are here to support you every step of the road.
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