Monitoring Orders

Table of Contents

Regulations regarding electronic monitoring

The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring—

the compliance of offenders with the above requirement and
the compliance of persons with the temporary release requirements.

Electronic monitoring.

The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the monitoring of—

the compliance of offenders with restriction on movement orders, or
the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,

or both.

Monitoring orders and protection of persons orders

Where a person (other than a person under the age of 18 years) (is convicted on indictment of an offence specified in Schedule 2, the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.

The court may make a “ monitoring order” in relation to the offender requiring the offender, as soon as practicable after the order comes into force, to notify in writing an inspector of the Garda Síochána of the district in which his or her home is located of the address of it and to notify in writing such an inspector of any change of address of his or her home or any proposed absence for a period of more than 7 days from his or her home before any such change of address or any such absence, as the case may be, occurs.

A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.

The “home”, in relation to the offender, means 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 visits.

Protection of Person Orders

The court may make an order (a “protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.

The court may provide in a protection of persons order that the offender is prohibited from engaging in any behaviour that, in the opinion of the court, would be likely to cause the victim of the offence concerned or any other person named in the order fear, distress or alarm or would be likely to amount to intimidation of any such person. A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.

Coming into Force

A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which—

the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or
if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

Revocation or Variation

Where a monitoring order or a protection of persons order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

An application shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

Breach

A person who fails, without reasonable cause, to comply with a monitoring order or a protection of persons order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

This does not affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute or otherwise apart from this section while a monitoring order or a protection of persons order is in force.

Post-release orders

Where, on or after the commencement of a scheme under subsection (10), a person (other than a person under the age of 18 years), in this section referred to as “the offender”, is convicted on indictment of—

an offence under Part 7 of the Act of 2006 (organised crime, or
an offence specified below 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,

the court shall, in determining the sentence to be imposed on the offender in respect of that offence, consider whether it is appropriate to make an order under this section (in this section referred to as a “post-release (restrictions on certain activities) order”) in relation to him or her for the purpose of the offender’s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.

Covered Offences

Murder.
An offence under any of the following provisions of the Non-Fatal Offences Against the Person Act 1997:
- section 4 (causing serious harm);
- section 5 (threats to kill or cause serious harm);
- section 15 (false imprisonment).
Explosives offences . An offence under any of the following provisions of the Explosive Substances Act 1883:
- section 2 (causing explosion likely to endanger life or damage property);
- section 3 (possession, etc., of explosive substances);
- section 4 (making or possessing explosives in suspicious circumstances).
Firearms offences An offence under section 15 (possession of firearm with intent to endanger life) of the Act of 1925.
An offence under any of the following provisions of the Act of 1964:
- section 26 (possession of firearms while taking vehicle without authority);
- section 27 (prohibition of use of firearms to assist or aid escape);
- section 27A (possession of firearm or ammunition in suspicious circumstances);
- section 27B (carrying firearm with criminal intent).
An offence under section 12A (shortening barrel of shotgun or rifle) of the Act of 1990.
Aggravated burglary 7. An offence under section 13 (aggravated burglary) of the Criminal Justice (Theft and Fraud Offences) Act 2001.
Drug trafficking offences 8. A drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994.
Organised crime 9. An offence under any of the following provisions of the Act of 2006:
- section 71 (offence of conspiracy);
- section 71A (directing activities of a criminal organisation);
- section 72 (offence to participate in, or contribute to, certain activities);]
- section 73 (commission of offence for criminal organisation).
Blackmail, extortion and demanding money with menaces An offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994.

Requirements

A post-release (restrictions on certain activities) order shall not be made in relation to the offender unless the court considers that, having regard to—

the evidence given in the trial of the offender for the offence concerned, and
evidence that is given to the court in relation to the sentence to be imposed for that offence,

it is in the public interest to make such an order, and in determining whether to make such order the court shall take account of such matters as the court considers appropriate, including the offender’s previous criminal record and the other circumstances relating to him or her.

There is, court power to make, as part of the offender’s sentence, a post-release (restrictions on certain activities) order in relation to him or her, that is to say, an order imposing one or more (and no other) of the following restrictions and conditions:

restrictions on the offender’s movements, actions or activities;
conditions subject to which the offender may engage in any activity;
restrictions on the offender’s association with others or conditions subject to which the offender may associate with others,

being restrictions and conditions, as to both their nature and extent, that—

are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and
fall into a category of restrictions and conditions specified in a scheme made under subsection (10).

A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate. A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which—

the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or
if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

Post Release Restriction Order

Where a post-release (restriction of certain activities) order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked. An application shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

A person who fails, without reasonable cause, to comply with a post-release (restriction of certain activities) order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.This does not affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute (including section 26) or otherwise apart from this section while a post-release (restrictions of certain activities) order is in force.

As soon as practicable, but not later than 6 months, after the commencement of section 14 of the Criminal Justice (Amendment) Act 2009, the Minister shall prepare a scheme specifying 2 or more categories of restrictions and conditions that may be imposed by post-release (restrictions on certain activities) orders and lay a draft of the scheme before each House of the Oireachtas.

If the draft of the scheme, so laid, is approved by a resolution passed by each such House, the Minister shall make the scheme as soon as practicable thereafter.