Sex Offenders Act 2001
Number 18 of 2001
SEX OFFENDERS ACT 2001
REVISED
Updated to 13 November 2023
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 Electricity Costs (Emergency Measures) Domestic Accounts Act 2023 (29/2023), enacted 10 November 2023, and all statutory instruments up to and including the Sex Offenders (Amendment) Act 2023 (Commencement) Order 2023 (S.I. No. 539 of 2023), made 9 November 2023, 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 13 November 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1.
2.
3.
Sexual offences for purposes of Act.
3A.
Application of amendments made by Sex Offenders (Amendment) Act 2023.
4.
5.
Obligations of Sex Offenders to Notify Certain Information
6.
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.
10A.
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.
Assessment and Management of Risk Posed by Sex Offenders
14A.
14B.
Risk assessment and management team.
14C.
Regulations in relation to risk assessment and management teams.
14D.
Disclosure of information relating to relevant offender where offender poses risk of harm.
14E.
Notice of proposed disclosure of information to relevant offender concerned.
14F.
Publication of information in certain circumstances.
14G.
Record of disclosure or publication to be maintained.
14H.
Power of Commissioner to conduct research and publish information.
Sex Offenders Orders
15.
16.
16A.
Monitoring compliance with sex offender order.
16B.
Evidence of electronic monitoring under section 16A.
16C.
Arrangements for electronic monitoring under section 16A.
17.
Taking effect of sex offender order.
18.
19.
Discharge or variation of sex offender order.
20.
21.
Provisions in relation to evidence and proceedings under this Part.
22.
Offence in respect of contravention of sex offender order.
23.
24.
Amendment of Civil Legal Aid Act, 1995.
Provision of Information for Employment Purposes
25.
26.
Failure to inform employer, etc., of sexual offence conviction.
Prohibition on Working with Children and Vulnerable Persons
26A.
26B.
Part 4A without prejudice to Part 5.
26C.
Duty of court to consider imposition of sentence involving prohibition.
26D.
Power of court to impose prohibition.
26E.
Duty of court to explain effect of sentence to offender.
26F.
Discharge or variation of prohibition.
26G.
Non-compliance with prohibition.
Post-Release Supervision for Sex Offenders
27.
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.
30B.
Monitoring compliance with condition.
30C.
Evidence of electronic monitoring under section 30B.
30D.
Arrangements for electronic monitoring under section 30B.
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.
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.
Sexual Offences for Purposes of Act
Acts Referred to
Child Trafficking and Pornography Act, 1998
Civil Legal Aid Act, 1995
Civil Service Regulation Act, 1956
Courts Act, 1964
Courts Act, 1971
Criminal Justice Act, 1960
Criminal Law Amendment Act, 1885
1885, c. 69
Criminal Law Amendment Act, 1935
Criminal Law (Rape) Act, 1981
Criminal Law (Rape) (Amendment) Act, 1990
Criminal Law (Sexual Offences) Act, 1993
Employment Agency Act, 1971
Interpretation Act, 1937
Local Government Act, 1941
Offences against the Person Act, 1861
1861, c. 100
Punishment of Incest Act, 1908
1908, c. 45
Sexual Offences (Jurisdiction) Act, 1996
Trial of Lunatics Act, 1883
1883, c. 38
Number 18 of 2001
SEX OFFENDERS ACT 2001
REVISED
Updated to 13 November 2023
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.