Community Sanctions (part 9, ss 115-141)
The requirement to have a range of community based sanctions available to the Courts is an essential component of the Children Act. This is particularly so if effect is to be given to the policy of detention being an absolute last resort.
The Children Act makes provision for ten community sanctions. Nine of these involve the Probation and Welfare Service and seven relating to the Service are new. (The 8th sanction being the curfew order ‘restriction on movement’).
Imposition of a community sanction can take place when a court has:
- considered a probation officer’s report
- heard the evidence of any person whose attendance it may have requested and
- has given the parent or guardian an opportunity to give evidence.
The Court must consider that a community sanction is the most suitable way of dealing with the case. The following are the community sanctions which involve the Probation and Welfare Service and YPP:
- Community Service Order
- Day Centre Order
- Probation Order
- Probation (training or activities programme order)
- Probation (intensive supervision order)
- Probation (residential supervision) order.
- Suitable Person (care and supervision) order.
- Mentor (family support) order
- Restriction on movement order.
- Dual Order
For further information on the above sanctions, please see our detailed guidance on the The Probation and Welfare Service and the Children Act, 2001 on our publications page.
