C10

Prospective affecting provision: section inserted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 25, not commenced as of date of revision.

F58[30B. —(1) Subject to subsections (2), (3) and (4), where the court amends a condition or includes a further condition pursuant to section 30A(1) in respect of a sex offender who is over the age of 18 years that relates to the sex offender’s presence in or absence from a particular place, the court may, in so amending or including, on application in that regard by the probation officer making the application under section 30A(1), direct that—

(a) the movements of the sex offender are monitored electronically in accordance with this section so that his or her compliance or non-compliance with such condition can be established,

(b) for that purpose, the sex offender has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified, and

(c) an authorised person is responsible for monitoring the sex offender’s compliance or non-compliance with—

(i) paragraph (b), or

(ii) the condition concerned.

(2) The court shall not give a direction under subsection (1) unless it is satisfied that it is necessary to protect the public, or a member of the public, from serious harm from the sex offender concerned.

(3) A direction under subsection (1) shall not be given—

(a) if the sex offender is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

(b) unless the sex offender agrees to comply with the direction.

(4) A direction under subsection (1) shall continue in force until the expiration of—

(a) 6 months from the applicable date,

(b) such shorter period as the court may provide for in the direction, or

(c) the supervision period, whichever is the earlier.

(5) Where the court gives a direction under subsection (1), a copy of the direction and of the supervision period condition shall be given to—

(a) the sex offender,

(b) the Garda Síochána, and

(c) if an authorised person is to be responsible for monitoring the respondent’s movements electronically, the authorised person.

(6) Where the court gives a direction under subsection (1), the supervision period relating to the sex offender concerned shall not be affected by the direction ceasing to be in force.

(7) In this section, "applicable date", in relation to a sex offender, means—

(a) the date of the notification of the giving of a direction under subsection (1) relating to him or her being given to him or her, or

(b) the date of his or her release from prison, whichever is the later.

(8) The reference in this section to the offender’s release from prison shall be construed in accordance with section 29(5).]