Criminal Law (Sexual Offences) (Amendment) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 4/2019
• Year: 2019

Number 4 of 2019
CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2019
CONTENTS
1. Definitions
2. Amendment of section 1 of Act of 1908
3. Amendment of section 2 of Act of 1908
4. Amendment of Act of 2017
5. Offences for purposes of section 58 of Act of 2017
6. Short title and commencement
Acts Referred to
Child Trafficking and Pornography Act 1998 (No. 22)
Children Act 2001 (No. 24)
Criminal Justice Act 1951 (No. 2)
Criminal Justice Act 1960 (No. 27)
Criminal Justice Act 1993 (No. 6)
Criminal Law (Human Trafficking) Act 2008 (No. 8)
Criminal Law (Rape) (Amendment) Act 1990 (No. 32)
Criminal Law (Rape) Act 1981 (No. 10)
Criminal Law (Sexual Offences) Act 2006 (No. 15)
Criminal Law (Sexual Offences) Act 2017 (No. 2)
Prisons Act 1970 (No. 11)
Prisons Act 1972 (No. 7)
Punishment of Incest Act 1908 (8 Edw. 7 c.45)
Sexual Offences (Jurisdiction) Act 1996 (No. 38)
Number 4 of 2019
CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2019
An Act to amend the Punishment of Incest Act 1908 and the Criminal Law (Sexual Offences) Act 2017 ; and to provide for related matters.
[26th February , 2019]
Be it enacted by the Oireachtas as follows:
		Definitions
1. In this Act—
	“Act of 1908” means the Punishment of Incest Act 1908 ;
	“Act of 2017” means the Criminal Law (Sexual Offences) Act 2017 .
		Amendment of section 1 of Act of 1908
2. Section 1 (as amended by section 28 of the Act of 2017) of the Act of 1908 is amended in subsection (1) by the substitution of “imprisonment for a term not exceeding 10 years” for “imprisonment for life or a lesser term of imprisonment”.
		Amendment of section 2 of Act of 1908
3. The Act of 1908 is amended by the substitution of the following section for section 2:
	“2. Any female person of or above the age of 17 years, who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be), shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.”.
		Amendment of Act of 2017
4. The Act of 2017 is amended by the insertion of the following section after section 57:
	“Commission of another offence specified in Schedule within specified period
	58. (1) Subject to subsections (2) and (3), where a person (other than a person under the age of 18 years)—
	(a) has been convicted on indictment of an offence specified in the Schedule (in this section referred to as ‘the first offence’),
	(b) has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and
	(c) is convicted on indictment of an offence specified in the Schedule (in this section referred to as ‘the subsequent offence’) that is committed—
	(i) during the period of 10 years from the date of conviction of the first offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or
	(ii) during any such period of imprisonment,
	(in this section the total period comprising the periods referred to in subparagraphs (i) and (ii) is referred to as ‘the specified period’),
	the court shall, in imposing sentence on the person in respect of the subsequent offence, specify as the minimum term of imprisonment to be served by the person a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, if the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.
	(2) Subsection (1) shall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned the term of imprisonment referred to in that subsection in respect of the subsequent offence.
	(3) Subsection (1) shall apply to a person in respect of the subsequent offence only if that offence is committed after the commencement of this section and that subsection shall apply to a person whether the first offence is committed before or after such commencement.
	(4) If, in relation to a sentence of a term of imprisonment imposed on a person in respect of the first offence—
	(a) the operation of the whole term is suspended, then subsection (1) shall not apply to that offence, or
	(b) the operation of a part of the term is suspended, the part of that term the operation of which is not suspended shall be regarded as the term of imprisonment imposed on the person in respect of the first offence for the purposes of subsection (1).
	(5) Subsection (1) shall not apply to a person if the conviction in respect of the first offence is quashed on appeal or otherwise.
	(6) A reference in this section to a sentence imposed on a person in respect of the first offence shall—
	(a) if the sentence is varied on appeal, be construed as a reference to the sentence as so varied, or
	(b) if, on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993 , the sentence is quashed by the Court of Criminal Appeal or the Court of Appeal, as the case may be, and another sentence is imposed in place of it by that Court on the person, be construed as a reference to that other sentence.
	(7) For the purposes of subsections (1)(c) and (9), a period of imprisonment means any time when the person concerned is—
	(a) remanded in custody,
	(b) serving a sentence in prison, or
	(c) temporarily released under section 2 of the Criminal Justice Act 1960 .
	(8) References in this section to the subsequent offence shall include references to a second or subsequent offence specified in the Schedule of which a person (other than a person under the age of 18 years) is convicted on indictment during the specified period.
	(9) The specified period in relation to a person to whom subsection (1) applies shall expire only when the person has not been convicted of an offence specified in the Schedule—
	(a) during the period of 10 years from the date of conviction of the subsequent offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or
	(b) during any such period of imprisonment.
	(10) If, following the application of subsection (1) to a person in respect of a conviction on indictment of an offence specified in the Schedule—
	(a) his or her conviction in respect of the first offence is quashed on appeal or otherwise, or
	(b) the sentence imposed on the person in respect of the first offence is varied on appeal so that it no longer falls under subsection (1)(b),
	the person may apply to the court that imposed the sentence on him or her in respect of the subsequent offence to review it and the court may, if it considers it appropriate to do so, vary...