Sex Offenders (Amendment) Act 2023

• Jurisdiction: Ireland
• Citation: IR No. 9/2023
• Year: 2023

Sex Offenders (Amendment) Act 2023

2023 9

An Act to amend the Sex Offenders Act 2001 to provide for a change in the notification requirements imposed on persons who are subject to Part 2 of that Act, to provide a power for the Garda Síochána to take fingerprints, palm prints and photographs under that Act in certain circumstances, to make provision in relation to the assessment and management of the risk of harm posed by certain persons and in that regard to make provision for the disclosure and publication of information relating to such persons in certain circumstances, to provide for the electronic monitoring of certain persons under that Act, to provide for the variation of certain orders made under that Act and to make provision for the imposition of a prohibition on working with children and vulnerable persons on certain persons; to amend the Criminal Justice Act 1984 to allow for the retention, in certain circumstances, of fingerprints, palm prints and photographs taken under that Act of persons who are subject to Part 2 of the Sex Offenders Act 2001; and to provide for related matters.

[5 April 2023]

Be it enacted by the Oireachtas as follows:

1 Short title and commencement

(1) This Act may be cited as the Sex Offenders (Amendment) Act 2023.

(2) This Act shall come into operation on such day or days as the Minister for Justice may, by order or orders either generally or with reference to any particular purpose or provision, appoint and different days may be so appointed for different purposes or different provisions.

2 Definition

2. In this Act, “Principal Act” means the Sex Offenders Act 2001.

3 Amendment of section 2 of Principal Act

(1) of the Principal Act is amended—

(a)

by the substitution of the following definition for the definition of “imprisonment”:

“‘imprisonment’ includes detention in the Central Mental Hospital and ‘prison’ shall be construed accordingly;”,

(b)

in the definition of “sexual offence”, by the substitution of “section 3;” for “section 3.”, and

(c)

by the insertion of the following definitions:

“‘authorised person’ means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes of section 16A or 30B;

‘children detention school’ has the same meaning as it has in section 3 of the Children Act 2001;

‘Commissioner’ means the Commissioner of the Garda Síochána;

‘probation officer’ means a person appointed by the Minister to be a probation officer;

‘Probation Service’ means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible, commonly known by that name;

‘vulnerable person’ means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

(a) a physical disability, illness or injury,

(b) a disorder of the mind, whether as a result of mental illness or dementia, or

(c) an intellectual disability.”.

4 Amendment of section 3 of Principal Act

4. Section 3 of the Principal Act is amended—

(a) in subsection (2)(a), by the substitution of “a vulnerable person” for “mentally impaired”, and

(b) by the deletion of subsection (4).

5 Application of amendments made by Sex Offenders (Amendment) Act 2023

5. The Principal Act is amended by the insertion of the following section after section 3:

“3A. (1) An amendment of this Act made by the Sex Offenders (Amendment) Act 2023 shall apply in respect of—

(a) persons who are convicted—

(i) of a sexual offence, or

(ii) in a place outside the State, of an offence, and the act constituting that offence would, if done in the State, constitute a sexual offence under the law of the State,

whether the person is so convicted before or after the coming into operation of the amendment,

(b) sex offender orders (within the meaning of Part 3), whether made before or after the coming into operation of the amendment, and

(c) sentences involving post-release supervision (within the meaning of Part 5), whether imposed before or after the coming into operation of the amendment.

(2) Any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, a relevant provision of this Act before the date of the coming into operation ofsection 5 of the Sex Offenders (Amendment) Act 2023 may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the said provision had not been amended by the Sex Offenders (Amendment) Act 2023.

(3) In this section, ‘relevant provision of this Act’ means a provision of this Act that is amended by theSex Offenders (Amendment) Act 2023.”.

6 Amendment of section 4 of Principal Act

(2) of the Principal Act is amended by the substitution of “under this Act” for “under this section”.

7 Amendment of section 8 of Principal Act

7. Section 8 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “in subsection (3) or specified by the court pursuant to subsection (4), as the case may be,” for “in subsection (3)”, and

(b) by the substitution of the following subsection for subsection (4):

“(4) If—

(a) a sentence is imposed on a person in respect of a sexual offence, and

(b) at the time of the commission of the offence concerned, the person was aged under 18 years,

the court shall, in imposing the sentence, specify the period for which the person shall be subject to the requirements of this Part, which period shall not exceed 5 years, having regard to—

(i) the nature and circumstances of the offence concerned, and

(ii) the degree of risk, if any, that the offender may commit a subsequent sexual offence.”.

8 Amendment of section 10 of Principal Act

8. Section 10 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the substitution of “3 days” for “7 days”,

(ii) by the substitution of the following paragraphs for paragraph (a):

“(a) his or her name on the date on which the notification is given,

(aa) where he or she also uses, or at any time previously used, one or more other names, each of those names, and”,

and

(iii) in paragraph (b), by the substitution of “home address on the date on which the notification is given” for “home address”,

(b) in subsection (2)—

(i) by the substitution of “3 days” for “7 days” in each place it occurs,

(ii) in paragraph (d), by the substitution of “in the State on a date other than that notified under subsection (3)(c)” for “in the State”, and

(iii) by the substitution of “the fact of that return and the address to which the person has returned” for “the fact of that return”,

(c) by the substitution of the following subsection for subsection (3):

“(3) If a person who is subject to the requirements of this Part intends to leave the State for a continuous period of 3 days or more, he or she shall notify the Garda Síochána of—

(a) that intention,

(b) the address of each place outside the State at which he or she intends to reside or stay, and

(c) the date on which he or she intends to return to the State.”,

(d) in subsection (4)—

(i) by the substitution of “3 days” for “7 days” in each place it occurs, and

(ii) by the substitution of “3rd day” for “7th day”,

(e) by the insertion of the following subsection after subsection (4):

“(4A) A person may give a notification under subsection (4)—

(a) by sending, by post, a written notification of the matters concerned to any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section, or

(b) by such other means as may be prescribed.”,

(f) in subsection (5), by the substitution of “3 days” for “7 days”,

(g) by the insertion of the following subsection after subsection (6):

“(6A) Without prejudice to subsections (1), (2), (3) and (4), a person who is subject to the requirements of this Part shall notify the Garda Síochána of the matters specified in paragraphs (a), (aa) and (b) of subsection (1) and paragraphs (a), (b) and (c) of subsection (6)—

(a) not later than 3 days after the coming into operation ofsection 8(g) of the Sex Offenders (Amendment) Act 2023,

(b) where the person gives a notification under subsection (1), (2), (3) or (4) and does not give another such notification in the 12 month period thereafter, not later than 7 days after the end of that 12 month period, and

(c) where a person has not given a notification under subsection (1), (2), (3) or (4) in the 12 month period after the giving of a notification under paragraph (a) or (b), not later than 7 days after the end of that 12 month period.”,

(h) in subsection (7)—

(i) in paragraph (b), by the substitution of “in prison,” for “in prison, or”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba) detained in a children detention school, or”,

(i) by the insertion of the following subsections after subsection (7):

“(7A) Where a person gives a notification under subsection (1), (2), (3) or (4) and the member of the Garda Síochána to whom the notification is given is not satisfied that the person has a home address or that the person is currently residing or staying at such home address (other than in circumstances where the person has given a notification to that effect under subsection (2)(c)), the member shall inform that person in writing that he or she shall be required to—

(a)...