On 23 May 2024, the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 (the “Act”) commenced, creating new offences against adults who compel or entice children to partake in crimes. The Act sits within a broader network of measures being introduced by the Department of Justice as part of the Youth Justice Strategy 2021-2027. The Greentown Programme informed the drafting of the legislation, a programme which studies the involvement of children in criminal activity and ways to address the problem.
The Act sets out that an offence has occurred where a child has been coerced, compelled, directed or deceived by an adult to engage in criminality, or where they have been induced, invited, abetted, counselled or procured to commit a crime. Under the Act, only adults may be liable, such that children drawn into criminal activity cannot be charged for influencing other young people. Additionally, an offence is committed regardless of whether the child was successful in committing the crime. An adult that is found guilty of an offence under the Act on summary conviction may be imprisoned for up to 12 months, and on indictment can be convicted for up to 5 years.
The Act addresses the long-term impact that crime has on a child’s life and the harm it has on them, punishing those who draw children into the criminal sphere. It is estimated that 1,00 children from “challenging backgrounds” are in danger of being lured into crimes such as dealing drugs or petty theft by adults, according to the Minister for Justice Helen McEntee.
Commenting on the Act, James Browne, Minister of State with Responsibility for Youth Justice said, “This legislation will help to prevent the next generation from being used and abused by criminal gangs, and will contribute to the building of safer, stronger communities.”
To read the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024, click here.