5.1 The long term damage which can be done to a child because of an encounter with the criminal law early in his or her life should not be underestimated and prosecution must be regarded as a severe measure with significant implications for the future development of the child concerned. Whilst each situation must be assessed on its merits, frequently there will be a stronger case for dealing with the situation by some means other than prosecution, such as by way of caution. On the other hand, the seriousness of the alleged offence, harm to any victim and the conduct, character and general circumstances of the child concerned may require that prosecution be undertaken.
5.2 The public interest will not normally require the prosecution of a child who is a first offender where the alleged offence is not a serious one. As a general rule, the younger the child is the less likely it may be that prosecution is the correct option to adopt. However prosecutors should not refrain from prosecuting on account of the child's age alone. Reprimands and final warnings are intended to prevent re-offending and the fact that a further offence has occurred may indicate that attempts to divert the youth from the court system have not been effective.
5.3 Since 1 May 2002 the Juvenile Diversion Programme operated by the Garda Síochána has been placed on a statutory footing with the commencement of Part 4 of the Children Act, 2001. Section 18 of the Children Act, 2001 states that "unless the interests of society otherwise require and subject to this Part, any child who has committed an offence and accepts responsibility for his criminal behaviour shall be considered for admission to a Diversion Programme." The programme is operated by the Garda Síochána under the supervision of the Superintendent, Community Relations Section. At local level the programme is implemented by Garda Juvenile Liaison Officers who are trained in restorative justice principles and mediation skills.
5.4 In order for a juvenile to be eligible for caution under the programme the offender must be above the age of criminal responsibility and under 18 years of age, and accept responsibility for his or her criminal behaviour.
5.5 The prosecutor should consider the applicability of the disposal options available against each child suspect. It may be appropriate for different disposals to be applied to separate suspects within the same case.
5.6 The prosecutor should consider any representations made by the parents or guardians of a child concerning a possible prosecution.