4,228 entries for Witness Testimony

Subsequent legislation expanded the 1908 Act in two main respects. In order to come within the ‘destitute’ category, a child’s parents had, under the 1908 Act, to be in prison or be deceased. The Children Act, 19292 in effect widened this category by providing that a child could be committed if its parents were unable to support it, in circumstances where both parents consented, or the court was satisfied that a parent’s consent could be dispensed with owing to mental incapacity or desertion.3

Yet, the precise scope of these legislative categories probably did not make a significant difference in the numbers of children committed. Whatever the basis of the committal, these children all came under the category of ‘needy’, and the majority of them were as a result of poverty, but some were committed because of other social circumstances such as illegitimacy.

The second largest category of those committed were children or young persons who had been involved in an offence. Section 57 of the Children Act, 1908 as amended by section 9 of the Children Act, 1941 governed the law relating to young offenders. The first issue was on what basis it was decided to send a young offender to a reformatory rather than an industrial school. The main ground was age, although the seriousness of the offence was also a factor. The practice can be best explained in this area by considering the cases in three categories, according to age: A child under the age of 12 could not be sent to a reformatory school, only to an industrial school; and, indeed, the records show relatively few children below the age of 12 being committed for offences, even to an industrial school. A child of (after 1941) 12, 13 or 14 could be sent to an industrial school provided that: the child was a first offender; there were ‘special circumstances’ as to why the child should not be sent to a reformatory; and the child would not ‘exercise an evil influence over the other children’.4 In fact, despite these conditions, children under 15 years were usually sent to industrial schools. It was not open to the court, under the Act, to send the offender aged (after 1941) 15 years and upwards to an industrial school.5 Thus, if a custodial sanction were to be selected, the only option was the reformatory.

Into category 2 above came girls who were regarded as having been ‘morally corrupted’. In 1944,6 St Anne’s Reformatory School in Kilmacud was established to accommodate girls who were considered a risk to other children because of sexual experiences. As can be seen in the chapter on St Joseph’s Industrial School, Kilkenny,7 girls as young as eight who had been raped or abused, or even those children in contact with such girls, were considered unsuitable for an ordinary industrial school and were sent to St Anne’s Reformatory School. Unlike boys, girls who were sent to reformatories were usually sent until their sixteenth birthday.

The reformatory school was reserved for the tougher type of boy, who became eligible for committal between the ages of 12 and 17 years. After the Children Act, 1941 took effect, the legal period of detention was between two and four years.8 However, the period of actual detention for boys was often no more than one year, provided that the offender’s behaviour and home circumstances were satisfactory. Before 1941, the equivalent period of detention was between three and five years.9

By contrast, boys committed to industrial schools were invariably sent until they were 16 years old.

The practice was that offenders were committed to a reformatory only following a straightforward conviction, whereas those sent to an industrial school were sent when charged ‘with an offence punishable in the case of an adult by penal servitude or a less punishment, and the court is satisfied that the child should be sent to a certified school’,10 with no conviction being recorded.11

Between 1923 and 1943, the most common offence for which juvenile males were sent to reformatories was larceny; subsequently, house-breaking overtook larceny in the share of the committals.12

The position was complicated by the fact that several ways of treating the offender were open to the District Court. Committals to a reformatory or industrial school were just two among several possible sanctions within the range of sanctions that were available, irrespective of the particular offence committed13 since, in the case of young offenders, the law was more concerned with the offender than the offence.

A detailed statistical analysis of the use of alternatives to committal shows that, between 1948 and 1957, out of 21,000 charges against juvenile offenders, only 701 or 4.5% of those against whom a ‘charge was proved but no order made’ were committed to an industrial school, whilst 916 or 18% of those convicted were sent to a reformatory school.

The conclusion that may be drawn is that, in general, many District Justices did exercise some care and discrimination before they sent an offender to a school. The question of whether the two most viable alternatives, probation and a ‘fit person’ order,14 were under-utilised is discussed below.

For the period under review, the governing statute was the School Attendance Act, 1926. This Act15 made it an offence for a parent to fail to send to school any child below the age of 14 years, it became 15 years after 1972.16 More significantly, if the parent was convicted of a second offence within three months of conviction for the first, the court could ‘if it thinks fit’ either send the child to an industrial school or make a ‘fit person’ order. The thinking seems to have been that this would be a way of ensuring an education for such children.

The annual number of prosecutions of parents ranged between 6,000 and 7,000 for most of the 1930s. This figure peaked in the early 1940s, and reached just below 13,000 in 1944. Subsequently, the numbers fell to the level of the 1930s, before beginning a steep decline in the early 1950s.

Dublin, Cork, Waterford and Dun Laoghaire had dedicated full-time School Attendance Officers (SAO). Outside these centres of population, however, the SAO was a local Garda who took on this duty, as one among his many tasks. This was undoubtedly one of the reasons why so many children committed under this heading came from urban centres, as can be seen from the statistical analysis below.

It seems reasonable to infer from the figures, for both the nation as a whole and Dublin, that the children committed under the 1926 Act were not the victims of a policy of pouncing on a few arbitrarily chosen children. Rather, there was a process with some flexibility and with intermediate stages before the point of committal was reached. Yet, while not arbitrary, the system was severe and far-reaching: from visits to parents to formal warnings, through prosecution of parents, to eventual committal. A striking point of contrast appeared from Table IV of the Tuairim Report, showing that those admitted to approved schools (equivalent of industrial schools or reformatories) in England in 1964 for ‘truancy’ numbered 45, compared with 66 in the same year in Ireland, although England had 16 times the relevant age cohort.