Sex Offenders Act 2001

Sex offender orders.

16

16. —(1) If, on application to it in that behalf by a member of the Garda Síochána not below the rank of Chief Superintendent, it appears to the court, on evidence tendered by the applicant, that the conditions specified in subsection (2) are satisfied in respect of the respondent, the court may make an order (in this Act referred to as a “sex offender order”) prohibiting the respondent from doing one or more things specified in the order.

(2) The conditions mentioned in subsection (1) are that—

(a) the respondent has been convicted, before or after the commencement of this Part, either—

(i) in the State 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 (within the meaning of this Act) under the law of the State,

and

(b) the respondent has, at a time referred to in subsection (3), acted on one or more occasions in such a way as to give reasonable grounds for believing that an order under this section is necessary to protect the public from serious harm from him or her.

(3) The time mentioned in paragraph (b) of subsection (2) is any time subsequent to the date of the respondent's release from prison or, as the case may be, the date on which the sentence imposed on the respondent in respect of the offence referred to in that subsection otherwise ceases to be in force, being in either case a time after the commencement of this Part.

(4) A sex offender order shall contain only such prohibitions on the respondent's doing a thing or things as the court considers necessary for the purpose of protecting the public from serious harm from the respondent.

(5) References in this section to protecting the public from serious harm from the respondent shall be construed as references to protecting a member or members of the public from death or serious personal injury, whether physical or psychological, which would be occasioned if the respondent were to commit a sexual offence at a time subsequent to the making of the application under this section.

(6) A sex offender order shall continue in force until the expiration of—

(a) 5 years from the date of notification of its making being given to the respondent, or

(b) such longer period as the court may provide for in the order.

(7) For so long as a sex offender order is in force, Part 2 shall have effect as if—

(a) the respondent were subject to the requirements of that Part, and

(b) “relevant date” (within the meaning of that Part) were the date on which notification of the making of the sex offender order has been given to the respondent.

(8) Subsection (7) shall not operate to prevent a respondent's remaining subject to the requirements of Part 2, on the date that the sex offender order concerned ceases to be in force, if, by reason of the operation of section 7 and 8 (including those sections as applied by section 13 ), he or she would remain so subject to those requirements.

(9) The reference in subsection (3) to the date of the respondent's release from prison is a reference to the date on which the sentence of imprisonment imposed on the respondent in respect of the offence referred to in subsection (2) (if such be the sentence imposed) expires or, as the case may be, the respondent's remission from the sentence begins.