July Edition 2017

Should the Gardaí determine intervention is needed due to anti-social behaviour of a minor, the provisions of Part 13 of the Act bestow powers on the Gardaí which allow them to issue an anti-social behaviour warning to the children. A behaviour warning is issued verbally by a member of An Garda Síochána to a minor and is then followed up in writing to the minor and their parent(s) or guardian within a month. The written document will contain a statement by the member of the Gardaí that the minor was behaving in an anti-social manner outlining the type of behaviour and where and when it happened. The document will also advise that the minor stop behaving in this matter and notify them that if they don’t the Gardaí may apply to the courts for a behaviour order - an ASBO. Once a behaviour warning is put in place it remains for 3 months from the date of issue. Any anti-social behaviour which occurs in that time could result in an application being made to the court for an ASBO.

Following on from a behaviour warning, the Garda who issues the warning may notify his superintendent of same to outline their concerns regarding the minor’s behaviour. The Superintendent may decide to request a meeting if they felt the anti-social behaviour was likely to reoccur, where a warning wasn’t put in writing on a previous occasion or it is felt a meeting would be a helpful intervention to prevent anti-social behaviour happening again in the future. Such a meeting would involve the minor, their parent(s)/guardian, the garda who issued the initial warning and any other persons who may be deemed appropriate or helpful to assist the minor and their family in managing the behaviour. This meeting would be an opportunity for the Gardaí to outline how the behaviour is not appropriate and how it affects others. It would be hoped the minor and their parent(s)/guardian would acknowledge their behaviour and commit to making changes and prevent it from continuing. Once there is an agreement, a ‘Good Behaviour Contract’ is drawn up.

A ’Good Behaviour Contract’ puts the agreements made by all parties who attended the meeting, into writing and is signed by the minor and their parent(s)/guardian. The contract is binding for up to six months from the date of the meeting, however it ca be extended for longer if the parent(s)/guardian or minor feel it would benefit the ongoing behaviour of the minor. As this is a contract, a breach of the commitments set out within will mean the Garda Superintendent may request another meeting to renew the contract. Alternatively, if the Superintendent believes a second meeting to be of no benefit in offsetting the anti-social behaviour they may either apply to have the minor admitted to the Juvenile Diversion Programme or apply to the courts for an ASBO. It is important to realise that these two options are available to the Superintendent from the very outset if cooperation by the minor and/or parent(s)/guardian is not obtained during the first formal meeting of all parties.

An ASBO is not a process entered into lightly by An Garda Síochána, however it may be necessary if the behaviour of the minor is such that a) despite the signing of a good behaviour contract the anti-social behaviour persists or is like to persist, b) it is the most appropriate option to prevent future behaviour of this nature, or c) the effect or likely effect of continued anti-social behaviour on others will be a negative one. Each ASBO is specific to the minor involved and it is at the discretion of the courts to impose whatever terms, conditions and sanctions they see fit to enforce the order and is appropriate in each instance.

This may involve the restriction of proximity to, or complete barring of a minor from a particular place such as a housing area other than their own, a house within their locality, a place of business or public access such as a shopping centre, library, school grounds etc., Consistent attendance at school, reporting to the local garda station and/or other person of authority involved in the ASBO are examples of the conditions of an ASBO.

Unlike a ‘good behaviour contract’ an ASBO will remain in place for up to two years once issued by the courts. This means that a breach of the conditions of the order during those two years will escalate the situation and require even more serious sanctions. It is possible for a minor to challenge the order made, within 21 days from the order date however this must be made formally via the minor or their parent/guardian via the Circuit Court.

It is also important to realise that at any stage of this process, failure to cooperate, or efforts made to thwart the legal process can result in fines of varying classes depending upon the transgression. For example, if the minor refuses to give their name and address or fails to provide their true name and address to a Garda responding to a complaint of anti-social behaviour which results in a behaviour warning being issued, this minor is committing an offence and will be liable to a Class E fine* once convicted of same via the Children’s Court

Failure on the part of the minor to comply with the terms of an ASBO will result upon conviction, of a Class D fine* and/or detention of up to three months in a children’s detention school. In each case, the minor will be liable for the cost of the fine and court costs up to €1,500. Free legal aid may be available to the child in this instance by the granting of a Legal Aid (Behaviour Order) Certificate. Failure to qualify for legal aid means that costs must be incurred by the minor and/or their parent(s)/guardian.

If you are affected by anti-social behaviour, contact your local Garda station e.g. Navan Gardaí 046 903 6100. Have as much information as possible about the behaviour, date, time, location, persons involved.