Criminal Justice Act 2007

26.

Monitoring orders and protection of persons orders.

26.— (1) Where a person (other than a person under the age of 18 years) (in this section referred to as “the offender”) is convicted on indictment of an offence specified in Schedule 2 , the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.

(2) The court may make an order (in this section referred to as a “ monitoring order”) in relation to the offender requiring the offender, as soon as practicable after the order comes into force, to notify in writing an inspector of the Garda Síochána of the district in which his or her home is located of the address of it and to notify in writing such an inspector of any change of address of his or her home or any proposed absence for a period of more than 7 days from his or her home before any such change of address or any such absence, as the case may be, occurs.

(3) A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(4) The court may make an order (in this section referred to as a “protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.

(5) The court may provide in a protection of persons order that the offender is prohibited from engaging in any behaviour that, in the opinion of the court, would be likely to cause the victim of the offence concerned or any other person named in the order fear, distress or alarm or would be likely to amount to intimidation of any such person.

(6) A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(7) A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which—

( a) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

( b) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(8) Where a monitoring order or a protection of persons order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(9) An application under subsection (8) shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

(10) A person who fails, without reasonable cause, to comply with a monitoring order or a protection of persons order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

(11) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute or otherwise apart from this section while a monitoring order or a protection of persons order is in force.

(12) In this section “home”, in relation to the offender, means 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.