3 days ago
'Fagin's Law' offences by adults to groom children into criminality 'difficult to prove', review finds
New offences to prevent children being groomed into criminality are 'difficult to prove' and there is uncertainty over the law's 'operational effectiveness', a review has found.
A post-enactment report from the Department of Justice into the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 said that a 'small number of offences' under the act have been brought before the court since it was enacted.
'Given the short timeframe since the enactment of the Act, very little data is presently available that is relevant to the performance of the Act's individual provisions,' the review said.
The long-awaited laws criminalising adults who entice or force a child to engage in any form of criminality came into force last summer. Convictions in the higher courts can lead to a sentence of up to five years in jail under 'Fagin's Law'.
It came after successive national drug strategies recommended the measure, given the issues around grooming of children as young as eight to engage in couriering and dealing drugs.
Then-Minister for Justice Helen McEntee said the law would be an 'effective tool in tackling organised crime'.
To analyse its performance so far, the Department of Justice asked for feedback from the Director of Public Prosecutions, the gardaí, the Courts Service and the Greentown Programme, which works in local areas aiming to disrupt the influence of criminal networks on children.
In the case of the DPP, it said it does not collect formal data on offences under the act, while the gardaí said that less than 10 charges/summonses have been issued under the act.
The Greentown Programme's management committee meanwhile, said the law has increased awareness around grooming and criminal behaviour.
'This increased awareness has acted as a deterrent for persons considering engaging a child for the purposes of committing a crime and for potential child victims who were previously unaware of the grooming process,' it said.
However, it added the offences are difficult to prove and that garda interventions are more focused on more straightforward offences and those with higher penalties such as those to do with drug-dealing and organised crime.
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