Sex Offenders Act 2001

Notification requirements.

10

10. —(1) A person who is subject to the requirements of this Part shall, before the end of the period of F10[3 days] beginning with the relevant date, or, if that date is prior to the commencement of this Part, that commencement, notify to the Garda Síochána—

F10[(a) his or her name on the date on which the notification is given,]

F11[(aa) where he or she also uses, or at any time previously used, one or more other names, each of those names, and]

(b) his or her F10[home address on the date on which the notification is given].

(2) A person who is subject to those requirements shall also, before the end of the period of F10[3 days] beginning with—

(a) the person's using a name which is not the name, or one of the names, last previously notified by him or her to the Garda Síochána under this section,

(b) any change of his or her home address,

(c) the person's having resided or stayed, for a qualifying period, at any place in the State, the address of which has not been notified to the Garda Síochána under this section as being his or her current home address, or

(d) the person's returning to an address F10[in the State on a date other than that notified under subsection (3)(c)], having, immediately prior to such return, been outside the State for a continuous period of F10[3 days] or more,

notify that name, the effect of that change, the address of that place or, as the case may be, F10[the fact of that return and the address to which the person has returned] to the Garda Síochána.

F12[(3) If a person who is subject to the requirements of this Part intends to leave the State for a continuous period of 3 days or more, he or she shall notify the Garda Síochána of—

(a) that intention,

(b) the address of each place outside the State at which he or she intends to reside or stay, and

(c) the date on which he or she intends to return to the State.]

(4) If a person who is subject to the requirements of this Part is outside the State for a continuous period of F12[3 days] or more and did not intend, on leaving the State, to be outside the State for such a continuous period, the person shall, subject to subsection (5), notify the Garda Síochána, before the expiry of a further period of F12[3 days], reckoned from the F12[3rd day] that he or she is so outside the State, of that fact and the address of the place at which he or she is residing or staying outside the State.

F11[(4A) A person may give a notification under subsection (4)

(a) by sending, by post, a written notification of the matters concerned to any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section, or

(b) by such other means as may be prescribed.]

(5) Subsection (4) shall not apply if the person concerned has returned to the State before the expiry of the further period of F12[3 days] mentioned in that subsection.

(6) A notification given to the Garda Síochána by any person shall not be regarded as complying with subsection (1), (2), (3) or (4) unless it also states the person's—

(a) date of birth,

(b) name on the relevant date and, where he or she used one or more other names on that date, each of those names, and

(c) home address on the relevant date.

F11[(6A) Without prejudice to subsections (1), (2), (3) and (4), a person who is subject to the requirements of this Part shall notify the Garda Síochána of the matters specified in paragraphs (a), (aa) and (b) of subsection (1) and paragraphs (a), (b) and (c) of subsection (6)

(a) not later than 3 days after the coming into operation of section 8 (g) of the Sex Offenders (Amendment) Act 2023,

(b) where the person gives a notification under subsection (1), (2), (3) or (4) and does not give another such notification in the 12 month period thereafter, not later than 7 days after the end of that 12 month period, and

(c) where a person has not given a notification under subsection (1), (2), (3) or (4) in the 12 month period after the giving of a notification under paragraph (a) or (b), not later than 7 days after the end of that 12 month period.]

(7) For the purpose of determining any period for the purposes of subsection (1), (2), (3) or (4), there shall be disregarded any time when the person concerned is—

(a) remanded in custody,

(b) serving a sentence F12[in prison,]

F13[(ba) detained in a children detention school, or]

(c) temporarily released under section 2 or 3 of the Criminal Justice Act, 1960.

F13[(7A) Where a person gives a notification under subsection (1), (2), (3) or (4) and the member of the Garda Síochána to whom the notification is given is not satisfied that the person has a home address or that the person is currently residing or staying at such home address (other than in circumstances where the person has given a notification to that effect under subsection (2)(c)), the member shall inform that person in writing that he or she shall be required to—

(a) notify the Garda Síochána of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification, and

(b) subject to subsection (7B), continue to notify the Garda Síochána on every 3rd day thereafter of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification,

until such time as the member of the Garda Síochána to whom the notification is being given informs the person that he or she is satisfied that the person has acquired a home address or has returned to his or her home address in the State.]

F13[(7B) A member of the Garda Síochána not below the rank of inspector may, in respect of a person to whom subsection (7A) applies, specify such period of more or less than 3 days for the purposes of paragraph (b) of that subsection as he or she is satisfied is appropriate, having regard to—

(a) the interests of public safety, or

(b) the safety of a particular member of the public,

and where such a period is so specified, the member of the Garda Síochána informing a person under that subsection shall so inform the person.]

F13[(7C) Subject to subsection (7D), a person who is required to give a notification under this section (other than under subsection (4)) shall do so by attending in person at any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section and notifying orally a member of the Garda Síochána at the station of the matters concerned.]

F13[(7D) Where a person who is required to give a notification under this section (other than under subsection (4))—

(a) has a disability such that he or she is unable to give the notification in person, and

(b) provides a written certificate signed by a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 to that effect to the member in charge of any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section not later than the day before the date by which the notification is required to be given,

the member in charge shall arrange for the notification concerned to be given orally to a member of the Garda Síochána—

(i) at the person’s home, or

(ii) at any other place as may be agreed with the member in charge.]

(8) F14[]

(9) Proof of the sending by post of F15[a written notification under this section] shall, in any proceedings for an offence under section 12(1)(a), lie on the defendant.

(10) A notification under this section shall be acknowledged in writing and that acknowledgement shall be in such form as may be prescribed.

F13[(10A) A designation of a Garda Síochána station by the Commissioner for the purposes of this section shall be in writing and the Commissioner shall cause a list of the Garda Síochána stations so designated to be published.]

(11) In this section—

“home address”, in relation to any person, means the address of 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 F15[stays];

“qualifying period” means—

(a) a period of F15[3 days], or

(b) 2 or more periods, in any period of 12 months, which (taken together) amount to F15[3 days].

Annotations:

Amendments:

F10

Substituted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 8(a)(i), (ii), (iii), (b)(i), (ii), (iii), S.I. No. 539 of 2023, art. 3(a).

F11

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

F12

Substituted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 8(c), (d)(i), (ii), (f), (h)(i), S.I. No. 539 of 2023, art. 3(a).

F13

Inserted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 8(h)(ii), (i), (l), S.I. No. 539 of 2023, art. 3(a).

F14

Deleted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 8(j), S.I. No. 539 of 2023, art. 3(a).

F15

Substituted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 8(k), (m)(i), (ii), S.I. No. 539 of 2023, art. 3(a).

F16

Inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 7(c), not commenced as of date of revision, subjection to transitional provisions in s. 25. Note that subs. (8) is deleted, rendering this provision obsolete.

Modifications (not altering text):

C2

Prospective affecting provision: subs. (8A) inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 7(c), not commenced as of date of revision, subjection to transitional provisions in s. 25. Note that subs. (8) is deleted, rendering this provision obsolete.

F16[(8A) A designation under subsection (8)(a) shall be in writing and the Commissioner of the Garda Síochána shall cause a list of the Garda Síochána stations so designated to be published.]

Editorial Notes:

E2

Previous affecting provision: subss. (8)(a), (b) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 7(a), (b), not commenced; subsection deleted (13.11.2023) as per F-note above.