Sex Offenders (Amendment) Act 2023

PART 1 Preliminary and General

1. Short title and commencement

1. (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.

PART 2 Amendment of Principal Act

3. Amendment of section 2 of Principal Act

3. Section 2(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 of section 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 the Sex Offenders (Amendment) Act 2023.”.

6. Amendment of section 4 of Principal Act

6. Section 4(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 of section 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) notify the Garda Síochána of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification, and

(b) subject to subsection (7B), continue to notify the Garda Síochána on every 3rd day thereafter of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification,

until such time as the member of the Garda Síochána to whom the notification is being given informs the person that he or she is satisfied that the person has acquired a home address or has returned to his or her home address in the State.

(7B) A member of the Garda Síochána not below the rank of inspector may, in respect of a person to whom subsection (7A) applies, specify such period of more or less than 3 days for the purposes of paragraph (b) of that subsection as he or she is satisfied is appropriate, having regard to—

(a) the interests of public safety, or

(b) the safety of a particular member of the public,

and where such a period is so specified, the member of the Garda Síochána informing a person under that subsection shall so inform the person.

(7C) Subject to subsection (7D), a person who is required to give a notification under this section (other than under subsection (4)) shall do so by attending in person at any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section and notifying orally a member of the Garda Síochána at the station of the matters concerned.

(7D) Where a person who is required to give a notification under this section (other than under subsection (4))—

(a) has a disability such that he or she is unable to give the notification in person, and

(b) provides a written certificate signed by a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 to that effect to the member in charge of any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section not later than the day before the date by which the notification is required to be given,

the member in charge shall arrange for the notification concerned to be given orally to a member of the Garda Síochána—

(i) at the person’s home, or

(ii) at any other place as may be agreed with the member in charge.”,

(j) by the deletion of subsection (8),

(k) in subsection (9), by the substitution of “a written notification under this section” for “such a notification”,

(l) by the insertion of the following subsection after subsection (10):

“(10A) A designation of a Garda Síochána station by the Commissioner for the purposes of this section shall be in writing and the Commissioner shall cause a list of the Garda Síochána stations so designated to be published.”,

and

(m) in subsection (11)—

(i) in the definition of “home address”, by the substitution of “stays” for “visits”, and

(ii) in the definition of “qualifying period”, by the substitution of “3 days” for “7 days” in each place it occurs.

9. Power of Garda Síochána to take fingerprints, palm prints and photographs of persons subject to requirements of Part

9. The Principal Act is amended by the insertion of the following section after section 10:

“10A. (1) Where a person is subject to the requirements of this Part—

(a) a member of the Garda Síochána may, at any convenient place, take the fingerprints, palm prints or photograph of that person, within 7 days of the relevant date or the date of the giving of a notification under subsection (1), (2), (3), (4), (6A) or (7A) of section 10, or

(b) a member of the Garda Síochána not below the rank of sergeant may require, in writing, that person to attend, within 7 days of the relevant date or the date of the giving of a notification under subsection (1), (2), (3), (4), (6A) or (7A) of section 10, at a named Garda Síochána station for the purpose of having his or her fingerprints, palm prints or photograph taken.

(2) Where a person has made it impracticable for his or her fingerprints, palm prints or photograph to be taken within the period of 7 days referred to in paragraph (a) or (b) of subsection (1), a member of the Garda Síochána not below the rank of sergeant may require (or in the case of a person attending a Garda Síochána station pursuant to a requirement under this section, further require) in writing, that person to attend at a named Garda Síochána station on a specified day for the purpose of having his or her fingerprints, palm prints or photograph taken.

(3) A member of the Garda Síochána may take the fingerprints, palm prints or photograph of a person on his or her attendance at a Garda Síochána station pursuant to a requirement under this section.

(4) A fingerprint, palm print or photograph (‘the first-mentioned fingerprint, palm print or photograph’) of a person taken pursuant to a requirement under this section shall, if not previously destroyed, be destroyed—

(a) where a fingerprint, palm print or photograph, as the case may be, of the person is otherwise retained by the Garda Síochána under this or any other enactment, not later than 3 months from the date on which the first-mentioned fingerprint, palm print or photograph of the person is taken, or

(b) where a fingerprint, palm print or photograph, as the case may be, of the person is not otherwise so retained, not later than 3 months from the date on which the person ceases to be subject to the requirements of this Part.

(5) A person who is required under subsection (4) to destroy, or cause to be destroyed, a fingerprint, palm print or photograph shall ensure that the fingerprint, palm print or photograph, every copy thereof and every record relating to the fingerprint, palm print or photograph in so far as it identifies the person from or of whom the fingerprint, palm print or photograph has been taken, are destroyed.

(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda Síochána to take, or cause to be taken, the fingerprints, palm prints or photograph of a person or to require a person to attend at a Garda Síochána station for that purpose.

(7) In this section, ‘record’, in relation to a fingerprint, palm print or photograph, includes a copy of a record.”.

10. Amendment of section 12 of Principal Act

10. Section 12 of the Principal Act is amended—

(a) by the substitution of “(3), (4), (6A) or (7A)” for “(3) or (4)” in each place it occurs,

(b) by the insertion of the following subsection after subsection (2):

“(2A) A person who—

(a) refuses to allow his fingerprints, palm prints or photograph to be taken pursuant to section 10A, or

(b) fails or refuses, without reasonable excuse, to comply with a requirement under section 10A(2) to attend at a Garda Síochána station named under that section within the time period specified for the purposes of having his or her fingerprints, palm prints or photograph taken,

shall be guilty of an offence.”,

and

(c) in subsection (4), by the substitution of “by the means referred to in subsection (4A), (7C) or (7D) of section 10” for “by any of the means referred to in section 10(8).”.

11. Amendment of section 13 of Principal Act

11. Section 13 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) For the purposes of such application, section 10 shall have effect as if for subsection (1) there were substituted the following subsection:

‘(1) A person who is subject to the requirements of this Part shall, before the end of the period of 3 days beginning with—

(a) in case the person is already resident in the State upon his or her so first returning and paragraph (c) does not apply, the date on which the person first returns to the State after being convicted of the offence concerned,

(b) in case the person is not so resident and paragraph (c) does not apply, the date on which the person first becomes resident in the State after being convicted of the offence concerned, or

(c) in case the date on which the person so first returns to, or becomes resident in, the State is prior to the coming into operation of section 11of the Sex Offenders (Amendment) Act 2023, the date of such coming into operation,

notify to the Garda Síochána—

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

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

(iii) his or her home address on the date on which the notification is given,

(iv) the address of each other place (if any), whether in or outside the State, at which, on the date on which the notification is given, he or she resides or regularly stays, and

(v) the address of each other place (if any), whether in or outside the State, at which the person has resided or regularly stayed since the date on which he or she was convicted of the offence concerned.’.”.

12. Amendment of section 14 of Principal Act

12. Section 14(5)(c) of the Principal Act is amended by the substitution of “the Probation Service” for “the probation and welfare service (within the meaning of Part 5)”.

13. Insertion of Part 2A in Principal Act

13. The Principal Act is amended by the insertion of the following Part after Part 2:

“Part 2A

Assessment and Management of Risk Posed by Sex Offenders

Interpretation (Part 2A)

14A. (1) In this Part—

‘Act of 2005’ means the Garda Síochána Act 2005;

‘housing authority’ has the same meaning as it has in the Housing (Miscellaneous Provisions) Act 1992;

‘relevant information’, in relation to a relevant offender, means any information concerning him or her that—