Sex Offenders Act 2001

(2) In addition to the meaning assigned to that expression by section 27 of the Act of 1995, “legal aid” in the Act of 1995 means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981, that concerns the complainant.

(3) Section 28 of the Act of 1995 is hereby amended by the insertion of the following subsection after subsection (5):

“(5A) Notwithstanding any other provision of this Act, the Board shall grant a legal aid certificate to a complainant for the purpose of his or her being represented in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981, that concerns him or her.”.

36. Proof of foreign conviction in certain cases.

36. —(1) In proceedings against a person for an offence under—

(a) section 12 (where the person is a person referred to in section 13(1)), or

(b) section 26 (where the person is a person referred to in subsection (2), (5) or (6) of that section and falls within subsection (3)(b) of that section),

the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain either or both—

(i) particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence,

(ii) a statement that, on a specified date, that person was subject to the first-mentioned requirement in section 13(1)(b)(ii),

shall, without further proof, be evidence, until the contrary is shown, of the matters stated in it.

(2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court).

(3) That condition shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

37. Amendment of section 2 of Act of 1990.

37. —(1) Section 2 of the Act of 1990 is amended by the substitution of the following subsection for subsection (2):

“(2) (a) A person guilty of sexual assault shall be liable on conviction on indictment—

(i) in case the person on whom the assault was committed was a child, to imprisonment for a term not exceeding 14 years, and

(ii) in any other case, to imprisonment for a term not exceeding 10 years.

(b) In this subsection ‘child’ means a person under 17 years of age.

(2) The amendment effected by subsection (1) shall apply to sexual assaults committed after the commencement of this section.