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(1)A family and children court shall have the power to make any of the following orders where the charges have been admitted or proved against a child—
(a)absolute discharge;
(b)caution;
(c)conditional discharge for not more than twelve months;
(d)binding the child over to be of good behaviour for a maximum of twelve months;
(e)compensation, restitution or fine, taking into consideration the means of the child so far as they are known to the court; but an order of detention shall not be made in default of payment of a fine;
(f)a probation order in accordance with the Probation Act for not more than twelve months, with such conditions as may be included as recommended by the probation and social welfare officer; but a probation order shall not require a child to reside in a remand home; or
(g)detention for a maximum of three months for a child under sixteen years of age and a maximum of twelve months for a child above sixteen years of age and in the case of an offence punishable by death, three years in respect of any child.
(2)For the purposes of subsection (1)(g), detention means placement in a centre designated for that purpose by the Minister in such circumstances and with such conditions as may be recommended to the court by the probation and social welfare officer.
(3)Where a child has been remanded in custody prior to an order of detention being made in respect of the child, the period spent on remand shall be taken into consideration when making the order.
(4)Detention shall be a matter of last resort and shall only be made after careful consideration and after all other reasonable alternatives have been tried and where the gravity of the offence warrants the order.
(5)Before making a detention order, the court shall be satisfied that a suitable place is readily available.
(6)A child shall not be detained in an adult prison.
(7)For avoidance of doubt, a person who has attained the age of eighteen at the time of sentencing shall serve the sentence in an adult prison.
(8)The order under which a child is committed to a detention centre shall be delivered with the child to the person in charge of the detention centre and shall be sufficient authority for the child's detention in accordance with the terms of the order.
(9)A child in respect of whom a detention order is made shall, while detained under the order and while being conveyed to and from the adult prison, be deemed to be in legal custody.
(10)A child shall not be subject to corporal punishment.
Once a child's guilt is proved, the court can choose from several orders. These include discharge, caution, conditional discharge (up to 12 months), g...
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