Sex Offenders Act 2001

F56[Power of court to amend conditions or include new conditions

30A. (1) In any case where a court has imposed on a sex offender, for an offence committed after the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition for securing that supervision referred to in section 29(1)(b) or additional condition referred to under section 30 or include one or more further conditions pursuant to either of the aforesaid sections.

(2) In any case where a court has imposed on a sex offender, for an offence committed before the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition or include one or more further conditions pursuant to section 29(1)(b) where such conditions are necessary for securing that supervision.

(3) Subsection (2) shall apply in respect of post-release supervision orders extant at the time of the commencement of this section.

(4) Any condition referred to in subsection (1) or (2), whether an amended condition or a new condition, shall have the same effect as a condition included in a sentence involving post-release supervision.

(5) In this section “the date of the sex offender’s release from prison” means the date on which the sentence of imprisonment imposed on the sex offender expires, or as the case may be, his or her remission from the sentence begins.]

Annotations:

Amendments:

F56

Inserted (26.02.2018) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 51(b), S.I. No. 45 of 2018.

F57

Substituted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 24(a), (b), not commenced as of date of revision.

Modifications (not altering text):

C9

Prospective affecting provision: subss. (1), (2) amended by Sex Offenders (Amendment) Act 2023 (9/2023), s. 24(a), (b), not commenced as of date of revision.

30A. —(1) In any case where a court has imposed on a sex offender, for an offence committed after the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition for securing that supervision referred to in section 29(1)(b) or additional condition referred to under section 30 or include one or more further conditions pursuant to either of the F57[aforesaid sections or a condition requiring the sex offender to comply with a direction under section 30B].

(2) In any case where a court has imposed on a sex offender, for an offence committed before the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition or include one or more further conditions pursuant to F57[section 29(1)(b) or a condition requiring the sex offender to comply with a direction under section 30B] where such conditions are necessary for securing that supervision.