Sex offenders act, 2001

• Enactment Date: 30 June 2001
• Act Number: 18

Number 18 of 2001
SEX OFFENDERS ACT, 2001
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation (general). 3. Sexual offences for purposes of Act. 4. Regulations. 5. Expenses.
PART 2
Obligations of Sex Offenders to Notify Certain Information
6. “relevant date”. 7. Persons subject to the requirements of this Part. 8. Period for which person is subject to requirements of this Part and related matters. 9. Supply of information to facilitate compliance with this Part. 10. Notification requirements. 11. Discharge from obligation to comply with requirements of this Part. 12. Offences in connection with notification requirements. 13. Application of this Part to persons convicted outside State. 14. Certificate as evidence of person's being subject to requirements of this Part.
PART 3
Sex Offenders Orders
15. Definitions (Part 3). 16. Sex offender orders. 17. Taking effect of sex offender order. 18. Effect of appeal from order. 19. Discharge or variation of sex offender order. 20. Court jurisdiction and venue. 21. Provisions in relation to evidence and proceedings under this Part. 22. Offence in respect of contravention of sex offender order. 23. Rules of court. 24. Amendment of Civil Legal Aid Act, 1995.
PART 4
Provision of Information for Employment Purposes
25. Interpretation (Part 4). 26. Failure to inform employer, etc., of sexual offence conviction.
PART 5
Post-Release Supervision for Sex Offenders
27. Interpretation (Part 5). 28. Duty of court to consider imposition of sentence involving post-release supervision. 29. Power of court to impose sentence involving post-release supervision. 30. Additional provisions which may be included in sentence involving post-release supervision. 31. Duty of court to explain effect of sentence to offender. 32. Discharge or variation of requirements relating to supervision period. 33. Non-compliance with requirements relating to supervision period.
PART 6
Miscellaneous
34. Amendment of Criminal Law (Rape) Act, 1981. 35. Further amendments of Civil Legal Aid Act, 1995. 36. Proof of foreign conviction in certain cases. 37. Amendment of section 2 of Act of 1990.
SCHEDULE
Sexual Offences for Purposes of Act
Acts Referred to Child Trafficking and Pornography Act, 1998 1998, No. 22 Civil Legal Aid Act, 1995 1995, No. 32 Civil Service Regulation Act, 1956 1956, No. 46 Courts Act, 1964 1964, No. 11 Courts Act, 1971 1971, No. 36 Criminal Justice Act, 1960 1960, No. 27 Criminal Law Amendment Act, 1885 1885, c. 69 Criminal Law Amendment Act, 1935 1935, No. 6 Criminal Law (Rape) Act, 1981 1981, No. 10 Criminal Law (Rape) (Amendment) Act, 1990 1990, No. 32 Criminal Law (Sexual Offences) Act, 1993 1993, No. 20 Employment Agency Act, 1971 1971, No. 27 Interpretation Act, 1937 1937, No. 38 Local Government Act, 1941 1941, No. 23 Offences against the Person Act, 1861 1861, c. 100 Punishment of Incest Act, 1908 1908, c. 45 Sexual Offences (Jurisdiction) Act, 1996 1996, No. 38 Trial of Lunatics Act, 1883 1883, c. 38
Number 18 of 2001
SEX OFFENDERS ACT, 2001
AN ACT TO REQUIRE, IN THE INTERESTS OF THE COMMON GOOD. THE NOTIFICATION OF INFORMATION TO THE GARDA SÍOCHÁNA BY PERSONS WHO HAVE COMMITTED CERTAIN SEXUAL OFFENCES; IN THOSE INTERESTS TO IMPOSE, OR ENABLE THE IMPOSITION OF, CERTAIN OTHER REQUIREMENTS ON SUCH PERSONS (INCLUDING REQUIREMENTS THE PURPOSE OF WHICH IS TO ASSIST IN THEIR REHABILITATION); TO ENABLE CERTAIN COMPLAINANTS TO BE HEARD AND LEGALLY REPRESENTED IN RELATION TO APPLICATIONS UNDER SECTION 3 OR 4 OF THE CRIMINAL LAW (RAPE) ACT, 1981, TO AMEND SECTION 2 OF THE CRIMINAL LAW (RAPE) (AMENDMENT) ACT, 1990, AND TO PROVIDE FOR RELATED MATTERS. [30th June, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the Sex Offenders Act, 2001.
	(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	Interpretation (general).	2.—(1) In this Act, unless the context otherwise requires—
	“Act of 1861” means the Offences against the Person Act, 1861 ;
	“Act of 1908” means the Punishment of Incest Act, 1908 ;
	“Act of 1935” means the Criminal Law Amendment Act, 1935 ;
	“Act of 1990” means the Criminal Law (Rape) (Amendment) Act, 1990 ;
	“Act of 1993” means the Criminal Law (Sexual Offences) Act, 1993 ;
	“conviction” (other than in sections 12 , 22 , 26 (8) and 33 ) includes a finding of guilty but insane and “convicted” and cognate expressions shall be construed accordingly;
	“court” means any court exercising criminal jurisdiction and includes court-martial;
	“imprisonment” includes detention in Saint Patrick's Institution or the Central Mental Hospital and “prison” shall be construed accordingly;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which the person may earn from the sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct;
	“sentence” includes a sentence of imprisonment and any other order made by a court in dealing with a convicted person, including—
	(a) an order under section 2(2) of the Trial of Lunatics Act, 1883, and
	(b) an order postponing sentence;
	“sexual offence” shall be construed in accordance with section 3 .
	(2) In this Act—
	(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any enactment.
	Sexual offences for purposes of Act.	3.—(1) Each of the offences referred to in the Schedule shall, subject to subsections (2) and (3), be a sexual offence for the purposes of this Act.
	(2) An offence referred to in—
	(a) paragraph 2 of the Schedule (sexual assault or indecent assault),
	(b) paragraph 5) of the Schedule (incest by males),
	(c) paragraph 6 of the Schedule (incest by females of or over 17 years of age), or
	(d) paragraph 18, 19 or 20 of the Schedule in so far as it relates to an offence referred to in paragraph (a), (b) or (c),
	shall not be a sexual offence for the purposes of this Act if—
	(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the offence's commission, 17 years or more, and
	(ii) the person guilty of the offence has not, in respect of the offence, been sentenced to any punishment involving deprivation of liberty for a limited or unlimited period of time or been made subject to any measure involving such deprivation of liberty.
	(3) An offence referred to in—
	(a) paragraph 8 of the Schedule (defilement of girl between 15 and 17 years of age),
	(b) paragraph 11 of the Schedule (buggery of persons under 17 years of age),
	(c) paragraph 12 of the Schedule (gross indecency with males under 17 years of age), or
	(d) paragraph 18, 19 or 20 of the Schedule in so far as it relates to an offence referred to in paragraph (a), (b) or (c),
	shall not be a sexual offence for the purposes of this Act if—
	(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the offence's commission, 15 years or more but less than 17 years, and
	(ii) the person guilty of the offence was aged, at that date, not more than 3 years older than that victim or other party.
	Regulations.	4.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.
	(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
	Expenses.	5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2 Obligations of Sex Offenders to Notify Certain Information
	“relevant date”.	6.—In this Part, “relevant date” means the date of conviction for the sexual offence concerned.
	Persons subject to the requirements of this Part.	7.—(1) Without prejudice to subsection (2) and section 13 and 16 (7), a person is subject to the requirements...