The Gazette 1974

range of substitutes for prison, as well as many small

residential centres. The fact that most prison sentences

do not exceed six months does not detract from the

fact that it would be better to impose a fine or proba-

tion in the majority of these cases. The emphasis should

be not mainly on security, but principally on rehabili-

tation. Many are recidivists who spend much time in

jail, and an intensive vocational and therapeutic effort

should be mounted to help them. The views of the

Minister, which emphasise the alleged "welfare of the

public" in lieu of rehabilitation, should be condemned

as out of line with European prison experience. This

extreme concern with security is expressed in the fact

that a prisoner spends up to fourteen hours per day in

his cell. Rehabilitation must extend to the community,

who must help a released prisoner to lead a better life.

Undoubtedly most of the prison officers are inade-

quately trained and too closely bound by prison regula-

tions; very little group counselling with prisoners has

been established.

It would seem to be necessary to establish four

different types of penal institutions : (1) Institutions for

recidivists of immature or inadequate personality; (2)

Institutions for mentally-handicappcd offenders; (3)

Residential institutions for alcoholics and drug-addicted

offenders; (4) Institutions for all law breakers who

constitute definite social risks, such as aggressive types

and professional criminals. Young delinquents should

be treated in residential institutions but many others

could receive community service orders, fines, suspended

sentences, or a supervised probation in lieu of prison.

The following groups of boys aged fourteen plus on

probation are likely to relapse into crime : (1) Boys with

a previous history of behaviour disorder; (2) Boys living

in disturbed families; (3) Boys who are prone to associa-

in disturbed families; (3) Boys who are prone to associ-

ate with gangs or bad company; and (4) Boys who

commit their offences alone. All of them lack initiative

and are unable to stand on their own feet. The social

worker, without being paternalistic, should endeavour

to befriend the child's family. It would be much cheaper

for a probation officer to look after its young people in

a residence rather than to have to visit them. Most

short-term prisoners should serve their sentence by en-

forced attendance at weekend probation centres. The

idea of a union for ex-prisoners should principally be

an instrument for the resocialisation of prisoners. The

Simon Community of 700 members and PACE are also

doing their best to help prisoners. Lawyers who wish the

Children's Act, 1908, to be updated should join CARE.

Mr. Dermot Gleeson, B.A., LL.B., solicitor, delivered

the next lecture on "The Application of the Criminal

Code to Children". Since the

Kennedy

Report

Reformatory

and Industrial Schools

in 1970, there has

been a growing interest in this problem.

Let us first consider the Garda Siochana Juvenile

Liaison Scheme, which has been in operation since

September 1965. The officers concerned interest them-

selves in the welfare of potential delinquents. Instead of

prosecuting the offender, he is formally cautioned, pro-

vided the accused is under 17, admits the offence, has

only committed a minor offence, and has not previously

come under police notice. Under this scheme, an offen-

der cautioned is kept under informed supervision. Of

the 7,000 juveniles dealt with under the scheme between

1965 and 1971 only 13 per cent subsequently became

involved in crime. The great majority of children, how-

ever, are not cautioned, and must consequently appear

in Court.

The Children's Act, 1908,

has to a large extent re-

placed the

Summary

Jurisdiction

over Children

Act,

1884.

Juvenile Courts may now generally deal with

charges against children up to 17 years of age, and the

Courts of Justice Act, 1924, provides for special Juvenile

Courts in Dublin, Cork, Limerick and Waterford. The

Dublin Metropolitan Children's Court handles over

16,000 cases a year, involving 5,000 children. The juris-

diction of the Juvenile Court in dealing summarily with

children under 17 is unlimited, save in cases of murder

or manslaughter. Any individual under 15 is deemed

a "child" whereas a person between 15 and 17 is a

"young person". Juvenile Courts must be held in a

private room away from the Courts, but, if there is an

appeal to the Circuit Court, no such provision exists

in regard to the Circuit Court. The Court can order the

attendance of one of the parents of the child, but not

both. A child is normally released on bail, but if he is

remanded in custody, he has to be sent to the "place of

detention", now known as St. Laurence's School, Fin-

glas, Dublin. [Editorial Note: The Children's Court

may deal with school attendance problems and, despite

the absolute guarantee given exclusively to parents in

the Constitution, it has not been unknown for Justices

to send away children for schooling to badly-run "resi-

dential homes" without proper cause.] As most children

plead guilty, the work of the Justice is largely confined

to sentencing them.

survey entitled "The Project on Juvenile Delin-

quency" was published in

The Irish Jurist,

1967, and it

showed that the average delinquent in St. Patrick s

Institution had an intelligence lower than average and

committed a crime as a member of a group. There are

two possible non-custodial sentences: fining and pro-

bation; and four custodial sentences: (1) Children can

be sent for one month to a place of detention; (2) Chil-

dren between 7 and 12 are sent to industrial schools,

whereas children between 12 and 16 are sent to reform-

atories, and children between 16 and 19 are sent to St.

Patrick's Institution. Industrial schools are now called

"Residential Houses", while reformatories and indus-

trial schools are called "Special Schools". Fines are

more effective than probation for first offenders and the

Court can order the parents to pay. Probation provides

an opportunity for rehabilitation within a social con-

text. While the Court can dismiss the case under the

Probation of Offenders Act, 1907, it can also place a

child under the supervision of a probation officer. In

1969 there were only six probation officers in the

Republic, but now there are eighty. Their main duties

are to advise and befriend the offender and report to

the Court on his behaviour. In addition the Court may

commit the juvenile to the care of a "fit person".

Industrial schools are run by the Department of Educa-

tion, but most of the inmates are not offenders; they

are orphans or children whose parents are unable to

cope with them as a result of a family breakdown. The

present place of detention, replacing Marlborough

House, is St. Laurence's School in Finglas. The present

male reformatory, replacing Daingean, is at Oberts-

town. There are girls' reformatories in St. Joseph's,

Limerick, and St. Anne's, Kilmacud. St. Patrick's Insti-

tution replaced Clonmel Borstal in 1956 and the

majority of male offenders are sent there for detention;

there is no corresponding place for girls. In

Sheerin v

Kennedy

(1966) I.R. 379, the Supreme Court consid-

215