Sex Offenders Act 2001

Notification requirements.

10

10. —(1) A person who is subject to the requirements of this Part shall, before the end of the period of 7 days beginning with the relevant date, or, if that date is prior to the commencement of this Part, that commencement, notify to the Garda Síochána—

(a) his or her name and, where he or she also uses one or more other names, each of those names, and

(b) his or her home address.

(2) A person who is subject to those requirements shall also, before the end of the period of 7 days beginning with—

(a) the person's using a name which is not the name, or one of the names, last previously notified by him or her to the Garda Síochána under this section,

(b) any change of his or her home address,

(c) the person's having resided or stayed, for a qualifying period, at any place in the State, the address of which has not been notified to the Garda Síochána under this section as being his or her current home address, or

(d) the person's returning to an address in the State, having, immediately prior to such return, been outside the State for a continuous period of 7 days or more,

notify that name, the effect of that change, the address of that place or, as the case may be, the fact of that return to the Garda Síochána.

(3) If a person who is subject to the requirements of this Part intends to leave the State for a continuous period of 7 days or more he or she shall notify the Garda Síochána of that intention and, if known, the address of the place outside the State he or she intends to reside or stay at.

(4) If a person who is subject to the requirements of this Part is outside the State for a continuous period of 7 days or more and did not intend, on leaving the State, to be outside the State for such a continuous period, the person shall, subject to subsection (5), notify the Garda Síochána, before the expiry of a further period of 7 days, reckoned from the 7th day that he or she is so outside the State, of that fact and the address of the place at which he or she is residing or staying outside the State.

(5) Subsection (4) shall not apply if the person concerned has returned to the State before the expiry of the further period of 7 days mentioned in that subsection.

(6) A notification given to the Garda Síochána by any person shall not be regarded as complying with subsection (1), (2), (3) or (4) unless it also states the person's—

(a) date of birth,

(b) name on the relevant date and, where he or she used one or more other names on that date, each of those names, and

(c) home address on the relevant date.

(7) For the purpose of determining any period for the purposes of subsection (1), (2), (3) or (4), there shall be disregarded any time when the person concerned is—

(a) remanded in custody,

(b) serving a sentence in prison, or

(c) temporarily released under section 2 or 3 of the Criminal Justice Act, 1960.

(8) A person may give a notification under this section—

(a) by attending in person at any Garda Síochána station which is a divisional or district headquarters and notifying orally a member of the Garda Síochána at the station of the matters concerned,

(b) by sending, by post, a written notification of the matters concerned to any Garda Síochána station which is such a headquarters, or

(c) by such other means as may be prescribed.

(9) Proof of the sending by post of such a notification shall, in any proceedings for an offence under section 12(1)(a), lie on the defendant.

(10) A notification under this section shall be acknowledged in writing and that acknowledgement shall be in such form as may be prescribed.

(11) In this section—

“home address”, in relation to any person, means the address of his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits;

“qualifying period” means—

(a) a period of 7 days, or

(b) 2 or more periods, in any period of 12 months, which (taken together) amount to 7 days.