Sex Offences Sentences I

Repeat Offenders

The 2019 Act set out the arrangements for sentencing for repeat sexual offenders. The 2019 Act inserts a Schedule into the Criminal Law (Sexual Offences Act 2017. The Schedule lists the offences to which the provisions of the above provisions  apply. All of the scheduled offences are sexual offences of a serious nature where the maximum penalty on conviction on indictment is five years imprisonment or above.

Where an offender is convicted of a sexual offence listed in the Schedule to the Criminal Law (Sexual Offences Act 2017, and is sentenced to imprisonment for a period of at least 5 years, and is subsequently – within a period of 10 years – convicted of a further offence listed in the Schedule, the court shall, when imposing sentence for that offence, specify the minimum term of imprisonment to be served by the person.

The minimum period of imprisonment shall be three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, where the maximum term is life imprisonment, the minimum shall be specified as a term of not less than 10 years.

The court has discretion in the application of the sentence if it is satisfied that this would be disproportionate in all the circumstances of the case.

Conditions

Where a person (other than a person under the age of 18 years)

• has been convicted on indictment of an offence specified below
• has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and
• is convicted on indictment of an offence specified below is committed  during the period of 10 years from the date of conviction

the court shall, in imposing sentence in respect of the subsequent offence, specify as the minimum term of imprisonment  a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence. If the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.

The above provision hall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned.

Scope

The requirement does not apply to a person if the conviction in respect of the first offence is quashed on appeal or otherwise.

It applies to a person in respect of the subsequent offence only if that offence is committed after the commencement of the Act whether the first offence is committed before or after such commencement.

For the purpose of determining the period of 10 years, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence

Suspended Sentence & Imprisonment Covered

If, in relation to a sentence of a term of imprisonment imposed on a person in respect of the first offence—

• the operation of the whole term is suspended, then the above provision shall not apply to that offence, or
• the operation of a part of the term is suspended,

the part of that term the operation of which is not suspended shall be regarded as the term of imprisonment imposed on the person in respec

Imprisonment

A period of imprisonment means any time when the person concerned is—

• remanded in custody,
• serving a sentence in prison, or
• temporarily released under section 2 of the Criminal Justice Act 1960 .

The specified period shall expire only when the person has not been convicted of an offence specified during the period of 10 years from the date of conviction of the subsequent offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or b during any such period of imprisonment.

Remission

The power conferred by the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence of imprisonment imposed in respect of the subsequent offence, be exercised before the expiry of the minimum term of imprisonment specified by the court less any reduction of that term.

The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed above in respect of the subsequent offence and the minimum term of imprisonment specified by the court in accordance with that subsection shall be reduced by the amount of any remission so earned by the person.

Any power conferred by section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed above in respect of the subsequent offence, be exercised during the period for which the commutation or remission of his or her punishment is prohibited by unless for grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.

Offences specified

• incest by males.
• incest by females of or over the age of 17 years.
• A rape offence
• sexual assault
• aggravated sexual assault;
• sexual offences committed outside the State;
• offence of transporting person for purpose of enabling trafficking offence
• offence of publishing information likely to promote etc. commission of offence to which section 2(1 of that Act relates.
• child trafficking and taking, etc., child for sexual exploitation;
• allowing child to be used for child pornography;
• organising etc. child prostitution or production of child pornography;
• producing, distributing, etc. child pornography;
• participation of child in pornographic performance;
• possession of child pornography.
• causing or encouraging sexual offence upon a child.
• defilement of child under 15 years of age;
• defilement of child under 17 years of age;
• offence by person in authority.
• soliciting or importuning for purposes of prostitution of trafficked person.
• obtaining, providing etc. a child for purpose of sexual exploitation
• invitation etc. to sexual touching;
• sexual activity in presence of child;
• causing child to watch sexual activity;
• meeting child for purpose of sexual exploitation;
• use of information and communication technology to facilitate sexual exploitation of child;
• sexual act with protected person;
• offence against relevant person by person in authority.