Sex Offenders Act 2001

Interpretation (general).

2

2. —(1) In this Act, unless the context otherwise requires—

“Act of 1861” means the Offences against the Person Act, 1861;

“Act of 1908” means the Punishment of Incest Act, 1908;

“Act of 1935” means the Criminal Law Amendment Act, 1935;

“Act of 1990” means the Criminal Law (Rape) (Amendment) Act, 1990;

“Act of 1993” means the Criminal Law (Sexual Offences) Act, 1993;

F1["children detention school" has the same meaning as it has in section 3 of the Children Act 2001;]

F1["Commissioner" means the Commissioner of the Garda Síochána;]

“conviction” (other than in sections 12, 22, 26(8) and 33) includes a finding of guilty but insane and “convicted” and cognate expressions shall be construed accordingly;

“court” means any court exercising criminal jurisdiction and includes court-martial;

F2["imprisonment" includes detention in the Central Mental Hospital and "prison" shall be construed accordingly;]

“Minister” means the Minister for Justice, Equality and Law Reform;

F1["probation officer" means a person appointed by the Minister to be a probation officer;]

F1["Probation Service" means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible, commonly known by that name;]

“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which the person may earn from the sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct;

“sentence” includes a sentence of imprisonment and any other order made by a court in dealing with a convicted person, including—

(a) an order under section 2(2) of the Trial of Lunatics Act, 1883, and

(b) an order postponing sentence;

“sexual offence” shall be construed in accordance with F2[ section 3;]

F1["vulnerable person" means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

(a) a physical disability, illness or injury,

(b) a disorder of the mind, whether as a result of mental illness or dementia, or

(c) an intellectual disability.]

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any enactment.

Annotations:

Amendments:

F1

Inserted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 3(c), S.I. No. 539 of 2023, art. 3(a).

F2

Substituted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 3(a), (b), S.I. No. 539 of 2023, art. 3(a).