Write a case note summary on the decision in M.G. v The Director of Oberstown Children Detention Centre & Ors  IEHC 275. (03 May 2019).
Question 2: Provide a brief overview of the facts, the arguments of the child applicant and the Director, the decision of the court, and any comment you may wish to add.Question 3: Summarise the key recommendations of the Special Rapporteur on Child Protection, Professor Geoffrey Shannon, on reform of family law procedures as detailed in ‘Best Practice for Children and Family Services in Irish Courts’ in his 11th Report to Government, 2018. (Pages 7-10, 20-23, 72-87 only).
A comprehensive policy for juvenile justice must deal with the following core elements: the prevention of juvenile delinquency; interventions without resorting to judicial proceedings and interventions in the context of judicial proceedings; the minimum age of criminal responsibility and the upper age-limits for juvenile justice; the guarantees for a fair trial; and deprivation of liberty including pre-trial detention and post-trial incarceration”
In light of the obligations imposed by international human rights law, including articles 37 & 40 of the UN Convention on the Rights of the Child, consider the extent to which Ireland has achieved a comprehensive policy for juvenile justice. In your analysis include the following:
a) An introduction to juvenile justice including an overview of what the international human rights instruments require; key relevant legislation that applies in this country; the bodies/organizations tasked to implement and monitor the legislation; a summation of the key aims of current youth justice strategies.
b) An analysis of how the State has addressed the requirement of ‘interventions without resorting to judicial proceedings’ including a description of the purpose and operation of the Garda Diversion Programme; the role of Garda Diversion Projects and your comments as to the development and effectiveness of this program.
c) An assessment of whether the requirement of ‘interventions in the context of judicial proceedings’ is met by alternatives to detention under the Children Act, 2001, with reference to community-based sanctions, the role of the Young Persons Probation Service, and remand at Oberstown Detention Centre.