Sex Offenders Act 2001


Number 18 of 2001


SEX OFFENDERS ACT 2001

REVISED

Updated to 1 January 2022


This Revised Act is an administrative consolidation of the Sex Offenders Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 18 of 2001


SEX OFFENDERS ACT 2001

REVISED

Updated to 1 January 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Child and Family Agency Act 2013 (40/2013)

Education and Training Boards Act 2013 (11/2013)

Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011)

Criminal Law (Human Trafficking) Act 2008 (8/2008)

Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)

Criminal Law (Sexual Offences) Act 2006 (15/2006)

Health Act 2004 (42/2004)

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Sex Offenders Act 2001 (Commencement) Order 2001 (S.I. No. 426 of 2001)

All statutory instruments up to and including Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, were considered in the preparation of this revision.


Number 18 of 2001


SEX OFFENDERS ACT 2001

REVISED

Updated to 1 January 2022


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.

30A.

Power of court to amend conditions or include new conditions.

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

REVISED

Updated to 1 January 2022


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:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 3(10), commenced on enactment.

Defilement of child under the age of 17 years

3.—

(10) A person who—

(a) has been convicted of an offence under this section, and

(b) is not more than 24 months older than the child under the age of 17 years with whom he or she engaged or attempted to engage in a sexual act,

shall not be subject to the provisions of the Sex Offenders Act 2001.