OCO successful in calls for Child Centred Justice in Irish courts as new measures brought in for child defendants

Following engagement with the Ombudsman for Children’s Office (OCO), the Department of Justice has introduced a new court accompaniment service for child defendants, which is being rolled out in over 100 youth diversion projects across the country throughout 2025. The Ombudsman for Children’s Office report Child Centred Justice:  support for child defendants in the Irish court system published today (30^th April 2025) outlines the lack of support previously provided to child defendants and the work undertaken by the office to address this deficit.

Speaking ahead of the publication, OCO Director of Investigations, Nuala Ward said:

“During our visits to Oberstown Children Detention Campus children told us that they did not always understand what was being asked of them, or said about them, in court. Advocates working with children also had the same concerns and warned that this lack of understanding can lead to increased rates of reoffending.

The OCO brought this issue to the Department of Justice who responded extremely positively with new supports being provided for children who appear before the courts.

“The change will mean that every young person before the courts (District/Circuit/ Children’s Court) will be offered access to this support. It will also have a presence in the Criminal Court and has been included in the new protocol to expediate rape and murder cases involving victims and defendants under 18 years of age.

“If we look at other court proceedings where children are witnesses, such as family law situations or where they’re dealing with care orders, that child will have access to the Guardian ad Litem and Accompaniment Support Services for Children (ASSC). That was not the case for child defendants and that was not fair. We are hopeful that having access to this new support will also help to make the justice system more child-friendly.

“Our report highlights the case of John* who told us how he had extra supports in primary school to help him understand the different subjects, but that in court, without additional supports, he could not fully understand what was being said, particularly the legal terminology.

“We also spoke with Tara* who told us that she felt anxious when it came to communicating with the legal professionals and with members of An Garda Síochána and so just agreed to bail conditions, which she didn’t fully understand.

“Child-friendly justice systems ensure child-friendly court proceedings, where proceedings take explicit consideration of a child’s age, special needs, level of understanding and any communication difficulties they may have, alongside ensuring that the pace and structure of the court sessions consider the cognitive capacity of the child.

“The OCO welcomes the positive and child-centred response from the Department of Justice in our engagement with them on this matter. We also welcome the support we have received from the Judiciary through the President of the District Court.

“We hope these changes will bring about positive improvements for children.”

ENDS

 

• 30 April 2025
• Type: Press Release
• Topic: Youth Justice