Sex Offender Duties
2023 Act
The 2023 Act broadens requirements for a sex offender to inform a prospective employer of a conviction when applying for work with children or vulnerable persons.
The 2023 Act updates the  prohibition on sex offenders working with children and vulnerable adults. It is without prejudice to provisions on the post release supervision of offenders under Part 5 and a prohibition may be imposed on an offender subject to such supervision.
The court may determine if a prohibition needs to be imposed on the offender taking into account relevant matters. There is  power to the court to impose a prohibition and sets out the permitted duration of a prohibition.
The court shall explain to the offender the effect of the sentence, the consequences if he/she fails to adhere to the prohibition and that the court may vary the prohibition.A court may discharge or vary the prohibition.
The 2023 Act provides for
- the assessment and management of risk posed by sex offenders.
- the setting up of a risk assessment and management team and the sharing of information between the team.
- The disclosure of information by the Garda SÃochána about a relevant offender to other police services outside the State.
- the disclosure of information by the Garda SÃochána about a relevant offender where the offender poses a risk of harm.
- notice of the proposed disclosure to the relevant offender concerned.
- the publication of information in circumstances where his or her whereabouts are unknown.
- a record of the disclosure or publication to be maintained.
- the power to the Garda Commissioner to conduct research and publish information
Sex Offenders Orders
The 2002 Act provides for a civil court order (sex offender order) against sex offenders whose behaviour gives cause for concern that they pose a risk of serious harm to the public.
A senior Garda Officer may apply to the Circuit Court for a sex offender order against any sex offender whose behaviour in the community gives the Garda Siochana reasonable cause for concern that an order is necessary to protect the public from serious harm from him or her. Two criteria must be satisfied before an order can be placed and made.
First, the offender must have been convicted of, or found guilty but insane for, a sexual offence as defined either before or after the commencement of this Part. Where the offender was convicted abroad, the court will also need to satisfy itself that the offence corresponds with a sexual offence as defined, Second, the respondent must have acted, since the commencement of the Act, in such a way as to give the court reasonable grounds for believing that an order is necessary to protect the public from serious harm from him or her.
The prohibitions contained in the order must be limited to those which are necessary for the purpose of protecting the public from serious harm from the respondent. The order will be in negative or prohibitive terms; the court will not be able to compel a person to do anything, only not to do certain things.
Serious harm ie., death or serious personal injury, either physical or psychological, which would be occasioned if the respondent were to commit a sexual offence subsequent to the making of an application. The order may be granted for a minimum of 5 years or such longer period as the court may provide.
One of the consequences of the making of a sex offender order is  to bring the respondent within the notification requirements of Part 2.
Taking effect of sex offender order
Aa sex offender order will take effect on notification being given to the sex offender concerned and sets out the arrangements for such notifications.
In the event of an appeal from a sex offender order, a court may stay the operation of the order on such terms as it sees fit.
The court may alter, or as may be appropriate, discharge the sex offender order, having regard to any changes in circumstances, such as the protection of the public from serious harm no longer requires the order to remain in force.
=A court, in hearing applications for the making, varying, discharge, or appeal from a sex offender order, will act in its civil capacity and the civil standard of proof will apply. Proceedings under this Part (except as follows ) are not heard in public.
There is a maximum penalty of £1,500 and/or 12 months imprisonment on summary conviction and for a maximum penalty of 5 years imprisonment and/or a fine on conviction on indictment in respect of a contravention of a sex offender order.
Monitoring
A Garda not below the rank of inspector may  apply to the court for a sex offender order , which permits the court to issue a direction in respect of monitoring the respondent’s movements electronically.
Where a court makes or varies a sex offender order that prohibits a respondent who is over the age of 18 from going to, being in or leaving a specific place whether at a particular time or generally, the court can direct that the movements of the respondent be electronically monitored to establish his/her compliance with a sex offender order.
The respondent will have an electronic monitoring device attached to his or her person for the period specified. The court may direct that an authorised person monitor compliance with the prohibition concerned or the requirements to use an electronic monitoring device.
Documentary evidence is admissible in proceedings relating to a breach of an electronic monitoring condition.
The Minister, with the consent of the Minister for Public Expenditure and Reform, may enter into such arrangements including contractual arrangements, as he or she considers appropriate for the operation of electronic monitoring.
 The respondent, the Garda SÃochána and an authorised officer (if responsible for monitoring the respondent’s movements electronically) get a copy of the direction and the prohibition in the sex offender order where the court gives a direction.
A court may, on application by a Garda not below the rank of inspector, vary or discharge a sex offender order.
An offender is entitled to  civil legal aid in proceedings taken under this Part..
Provision of Information for Employment Purposes
The 2001 places an onus on convicted sex offenders to inform prospective employers of the fact and nature of their conviction when applying for a position involving unsupervised access to children.
There are arrangements for proving foreign convictions where proceedings have been taken against a person who has been convicted of a sexual offence outside the State or where a person convicted of a qualifying sexual offence outside the State fails to inform a prospective employer of that fact.
It is  an offence for a convicted sex offender to apply for or to accept work or to offer services, a necessary and regular part of which consists mainly of unsupervised access to, or contact with, children without informing the employer/organisation of his/her conviction for a scheduled sexual offence. In the case of a person convicted abroad, the offence for which he/she was convicted must be comparable to a sexual offence, as referred to in the Schedule.
Post-Release Supervision for Sex Offenders
The 2001 Act applies to convicted sex offenders for whom the sentencing court considers the appropriate sentence to be one of deprivation of liberty. Under it the court will consider whether it should impose a period of supervision by the Probation and Welfare Service following the offender’s release from prison.
Persons sentenced to life imprisonment are excluded because on release from prison they are already, always, placed under lifelong Probation and Welfare Service supervision in the community
There is an obligation on the court, in sentencing a sex offender, to consider whether or not to impose a ‘‘sentence involving post-release supervision’’. In so doing, the court must take into account the need
- for a period of post-release supervision of the offender,
- to protect the public from serious harm from the offender,
- to prevent the commission of further sexual offences by the offender and
- the need to rehabilitate or further rehabilitate the offender.
In order to assist it in deciding whether or not to impose a sentence involving post-release supervision, the court may hear evidence or submissions from any concerned person.
Where a court makes or varies a post-release supervision order that prohibits a respondent who is over the age of 18 from going to, being in or leaving a specific place whether at a particular time or generally, the court can direct that the movements of the respondent be electronically monitored to establish his/her compliance with a post-release supervision order.
The fingerprints, palm prints and photographs of a person who is subject to the notification requirements of the Sex Offenders Act 2001 may be retained in certain circumstances
Sentence involving post-release supervision
A sentence involving post-release supervision will be made up of the custodial period that the court would have imposed in any event, plus (b) a ‘‘supervision period’’ of such duration as the court considers necessary, and during which the offender will be subject to post-release supervision by the Probation and Welfare Service.
The supervision period commences on the date the offender is released from prison. The combined custodial sentence and period of post-release supervision cannot exceed the maximum term of imprisonment available for the offence concerned.
The Court, when imposing post-release supervision, to impose additional requirements, including the requirement to receive psychological counselling or other appropriate treatment programmes run by the Probation and Welfare Service or other bodies or a requirement prohibiting a sex offender from doing things which the court considers necessary for the purpose of protecting the public from serious harm from the offender.
The court is to explain to the offender the effect of the sentence, the consequences if he/she fails to comply with the supervision period conditions and that, under the Act, the court may vary or discharge any of the conditions on the application of either the offender or a probation and welfare officer.
The court may, on the application of the offender or a probation and welfare officer, discharge all the supervision period conditions (and the supervision period lapses accordingly) or vary or discharge one or more of the conditions at any time during the post-release supervision period.
Non-compliance with any of the post-release supervision conditions will be a summary offence. Provision is made for a defence of reasonable excuse. The imposition of a non-custodial sentence in respect of non-compliance with requirements relating to a supervision period will not affect the continuance in force of the supervision period.
Offences
There are offences relating to non- compliance. It provides for a maximum penalty on summary conviction of a class C fine and/or imprisonment for a term not exceeding 12 months and for a maximum penalty on indictment of a fine or a term of imprisonment not exceeding 5 years or more.
It also sets out the defences available. A conviction under this section does not prevent the probation period from continuing to have effect.