{"id":23868,"date":"2023-09-02T14:53:11","date_gmt":"2023-09-02T14:53:11","guid":{"rendered":"https:\/\/legalblog.ie\/?p=23868"},"modified":"2024-03-21T22:38:46","modified_gmt":"2024-03-21T22:38:46","slug":"monitoring-orders","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/monitoring-orders\/","title":{"rendered":"Monitoring Orders"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Regulations_regarding_electronic_monitoring\" title=\"Regulations regarding electronic monitoring\">Regulations regarding electronic monitoring<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Electronic_monitoring\" title=\"Electronic monitoring.\">Electronic monitoring.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Monitoring_orders_and_protection_of_persons_orders\" title=\"Monitoring orders and protection of persons orders\">Monitoring orders and protection of persons orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Protection_of_Person_Orders\" title=\"Protection of Person Orders\">Protection of Person Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Coming_into_Force\" title=\"Coming into Force\">Coming into Force<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Revocation_or_Variation\" title=\"Revocation or Variation\">Revocation or Variation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Breach\" title=\"Breach\">Breach<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Post-release_orders\" title=\"Post-release orders\">Post-release orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Covered_Offences\" title=\"Covered Offences\">Covered Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Requirements\" title=\"Requirements\">Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/#Post_Release_Restriction_Order\" title=\"Post Release Restriction Order\">Post Release Restriction Order<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Definitions_Part_10\" title=\"Definitions (Part 10).\">Definitions (Part 10).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Power_to_suspend_sentence\" title=\"Power to suspend sentence.\">Power to suspend sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Imposition_of_fine_and_deferral_of_sentence\" title=\"Imposition of fine and deferral of sentence.\">Imposition of fine and deferral of sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Restriction_on_movement_order\" title=\"Restriction on movement order.\">Restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Electronic_monitoring_of_restriction_on_movement_order\" title=\"Electronic monitoring of restriction on movement order.\">Electronic monitoring of restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Variation_of_restriction_on_movement_order\" title=\"Variation of restriction on movement order.\">Variation of restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Provisions_regarding_more_than_one_restriction_on_movement_order\" title=\"Provisions regarding more than one restriction on movement order.\">Provisions regarding more than one restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Non-compliance_with_restriction_on_movement_order\" title=\"Non-compliance with restriction on movement order.\">Non-compliance with restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Amendment_of_section_5_of_Criminal_Justice_Act_1951\" title=\"Amendment of section 5 of Criminal Justice Act 1951.\">Amendment of section 5 of Criminal Justice Act 1951.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Documentary_evidence_in_relation_to_offenders\" title=\"Documentary evidence in relation to offenders.\">Documentary evidence in relation to offenders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Temporary_release_of_prisoners\" title=\"Temporary release of prisoners.\">Temporary release of prisoners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Documentary_evidence_in_relation_to_prisoners_on_temporary_release\" title=\"Documentary evidence in relation to prisoners on temporary release.\">Documentary evidence in relation to prisoners on temporary release.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Amendment_of_section_21_of_Criminal_Justice_Act_1960\" title=\"Amendment of section 2(1) of Criminal Justice Act 1960.\">Amendment of section 2(1) of Criminal Justice Act 1960.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Regulations_regarding_electronic_monitoring_devices\" title=\"Regulations regarding electronic monitoring devices.\">Regulations regarding electronic monitoring devices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Electronic_monitoring-2\" title=\"Electronic monitoring.\">Electronic monitoring.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#CRIMINAL_JUSTICE_ACT_2007\" title=\"CRIMINAL JUSTICE ACT 2007\">CRIMINAL JUSTICE ACT 2007<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Interpretation_Part_3\" title=\"Interpretation (Part 3).\">Interpretation (Part 3).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Commission_of_another_offence_within_specified_period\" title=\"Commission of another offence within specified period.\">Commission of another offence within specified period.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Monitoring_orders_and_protection_of_persons_orders-2\" title=\"Monitoring orders and protection of persons orders.\">Monitoring orders and protection of persons orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Post-release_orders_in_cases_of_certain_offences\" title=\"Post-release orders in cases of certain offences.\">Post-release orders in cases of certain offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Legal_aid_monitoring_order_certificate\" title=\"Legal aid (monitoring order) certificate.\">Legal aid (monitoring order) certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/monitoring-orders\/2\/#Legal_aid_protection_of_persons_order_certificate\" title=\"Legal aid (protection of persons order) certificate.\">Legal aid (protection of persons order) certificate.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Regulations_regarding_electronic_monitoring\"><\/span>Regulations regarding electronic monitoring<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring\u2014<\/p>\n<ul>\n<li>the compliance of offenders with the above requirement and<\/li>\n<li>the compliance of persons with the temporary release requirements.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Electronic_monitoring\"><\/span>Electronic monitoring.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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\u2014<\/p>\n<ul>\n<li>the compliance of offenders with restriction on movement orders, or<\/li>\n<li>the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,<\/li>\n<\/ul>\n<p>or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Monitoring_orders_and_protection_of_persons_orders\"><\/span>Monitoring orders and protection of persons orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>The court may make\u00a0 a \u201c monitoring order\u201d 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 S\u00edoch\u00e1na 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.<\/p>\n<p>A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.<\/p>\n<p>The \u201chome\u201d, 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protection_of_Person_Orders\"><\/span>Protection of Person Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may make an order (a \u201cprotection of persons order\u201d) 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.<\/p>\n<p>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.\u00a0A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Coming_into_Force\"><\/span>Coming into Force<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which\u2014<\/p>\n<ul>\n<li>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<\/li>\n<li>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,<\/li>\n<\/ul>\n<p>whichever is the later.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Revocation_or_Variation\"><\/span>Revocation or Variation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>An application\u00a0 shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na of the district in which the home of the offender is located at the time of the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Breach\"><\/span>Breach<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 \u20ac2,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Post-release_orders\"><\/span>Post-release orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 &#8220;the offender&#8221;, is convicted on indictment of\u2014<\/p>\n<ul>\n<li>an offence under Part 7 of the Act of 2006 (organised crime, or<\/li>\n<li>an offence\u00a0 specified below 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,<\/li>\n<\/ul>\n<p>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 &#8220;post-release (restrictions on certain activities) order&#8221;) in relation to him or her for the purpose of the offender\u2019s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Covered_Offences\"><\/span>Covered Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<ul>\n<li>Murder.<\/li>\n<li>An offence under any of the following provisions of the Non-Fatal Offences Against the Person Act 1997:\n<ul>\n<li>section 4 (causing serious harm);<\/li>\n<li>section 5 (threats to kill or cause serious harm);<\/li>\n<li>section 15 (false imprisonment).<\/li>\n<\/ul>\n<\/li>\n<li>Explosives offences . An offence under any of the following provisions of the Explosive Substances Act 1883:\n<ul>\n<li>section 2 (causing explosion likely to endanger life or damage property);<\/li>\n<li>section 3 (possession, etc., of explosive substances);<\/li>\n<li>section 4 (making or possessing explosives in suspicious circumstances).<\/li>\n<\/ul>\n<\/li>\n<li>Firearms offences \u00a0An offence under section 15 (possession of firearm with intent to endanger life) of the Act of 1925.<\/li>\n<li>An offence under any of the following provisions of the Act of 1964:\n<ul>\n<li>section 26 (possession of firearms while taking vehicle without authority);<\/li>\n<li>section 27 (prohibition of use of firearms to assist or aid escape);<\/li>\n<li>section 27A\u00a0(possession of firearm or ammunition in suspicious circumstances);<\/li>\n<li>section 27B (carrying firearm with criminal intent).<\/li>\n<\/ul>\n<\/li>\n<li>An offence under section 12A (shortening barrel of shotgun or rifle) of the Act of 1990.<\/li>\n<li>Aggravated burglary 7. An offence under section 13 (aggravated burglary) of the\u00a0Criminal Justice (Theft and Fraud Offences) Act 2001.<\/li>\n<li>Drug trafficking offences 8. A drug trafficking offence within the meaning of section 3(1) of the\u00a0Criminal Justice Act 1994.<\/li>\n<li>Organised crime 9. An offence under any of the following provisions of the Act of 2006:\n<ul>\n<li>section 71 (offence of conspiracy);<\/li>\n<li><span class=\"change\">section 71A (directing activities of a criminal organisation);<\/span><\/li>\n<li><span class=\"change\">section 72 (offence to participate in, or contribute to, certain activities);<\/span><span class=\"markup\">]<\/span><\/li>\n<li>section 73 (commission of offence for criminal organisation).<\/li>\n<\/ul>\n<\/li>\n<li>Blackmail, extortion and demanding money with menaces\u00a0An offence under section 17 (blackmail, extortion and demanding money with menaces) of the\u00a0Criminal Justice (Public Order) Act 1994.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Requirements\"><\/span>Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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\u2014<\/p>\n<ul>\n<li>the evidence given in the trial of the offender for the offence concerned, and<\/li>\n<li>evidence that is given to the court in relation to the sentence to be imposed for that offence,<\/li>\n<\/ul>\n<p>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\u2019s previous criminal record and the other circumstances relating to him or her.<\/p>\n<p>There is,\u00a0 court power to make, as part of the offender\u2019s 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:<\/p>\n<ul>\n<li>restrictions on the offender\u2019s movements, actions or activities;<\/li>\n<li>conditions subject to which the offender may engage in any activity;<\/li>\n<li>restrictions on the offender\u2019s association with others or conditions subject to which the offender may associate with others,<\/li>\n<\/ul>\n<p>being restrictions and conditions, as to both their nature and extent, that\u2014<\/p>\n<ul>\n<li>are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and<\/li>\n<li>fall into a category of restrictions and conditions specified in a scheme made under subsection (10).<\/li>\n<\/ul>\n<p>A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.\u00a0A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which\u2014<\/p>\n<ul>\n<li>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<\/li>\n<li>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,<\/li>\n<\/ul>\n<p>whichever is the later.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Post_Release_Restriction_Order\"><\/span>Post Release Restriction Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0An application\u00a0 shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na of the district in which the home of the offender is located at the time of the application.<\/p>\n<p>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 \u20ac5,000 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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>PART 10<\/p>\n<p>Sentencing<\/p>\n<h4>Definitions (Part 10).<\/h4>\n<p>98.\u2014 In this Part, unless the context otherwise requires\u2014<\/p>\n<p>\u201cauthorised person\u201d means a person who is appointed in writing by the Minister, or a person who is one of a class of persons which is prescribed, to be an authorised person for the purposes of this Part;<\/p>\n<p>\u201ca direction\u201d means a direction given by the Minister under section 2 of the Criminal Justice Act 1960 authorising the release of a person from prison (within the meaning of that section) for a temporary period;<\/p>\n<p>\u201cgovernor\u201d includes, in relation to a prisoner, a person for the time being performing the functions of governor;<\/p>\n<p>F30[\u2018imprisonment\u2019 includes detention in a place provided under section 2 of the Prisons Act 1970 and \u2018sentence of imprisonment\u2019 shall be construed accordingly;]<\/p>\n<p>\u201cmandatory term of imprisonment\u201d includes, in relation to an offence, a term of imprisonment imposed by a court under an enactment that provides that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in the enactment;<\/p>\n<p>\u201coffender\u201d means a person in respect of whom a restriction on movement order is, or may be, made under section 101;<\/p>\n<p>\u201cprobation and welfare officer\u201d means a person appointed by the Minister to be\u2014<\/p>\n<p>(a) a probation officer,<\/p>\n<p>(b) a welfare officer, or<\/p>\n<p>(c) a probation and welfare officer;<\/p>\n<p>\u201cprobation and welfare service\u201d means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;<\/p>\n<p>\u201crestriction on movement order\u201d means an order made by a court under section 101.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nSubstituted (7.04.2017) by Prisons Act 2015 (57\/2015), s. 17, S.I. No. 134 of 2017.<\/p>\n<h4>Power to suspend sentence.<\/h4>\n<p>99.\u2014 (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.<\/p>\n<p>(2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during\u2014<\/p>\n<p>(a) the period of suspension of the sentence concerned, or<\/p>\n<p>(b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,<\/p>\n<p>and that condition shall be specified in the order concerned.<\/p>\n<p>(3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers\u2014<\/p>\n<p>(a) appropriate having regard to the nature of the offence, and<\/p>\n<p>(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,<\/p>\n<p>and any condition imposed in accordance with this subsection shall be specified in that order.<\/p>\n<p>(4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:<\/p>\n<p>(a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;<\/p>\n<p>(b) that the person undergo such\u2014<\/p>\n<p>(i) treatment for drug, alcohol or other substance addiction,<\/p>\n<p>(ii) course of education, training or therapy,<\/p>\n<p>(iii) psychological counselling or other treatment,<\/p>\n<p>as may be approved by the court;<\/p>\n<p>(c) that the person be subject to the supervision of the probation and welfare service.<\/p>\n<p>(5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.<\/p>\n<p>(6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.<\/p>\n<p>(7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the probation and welfare service, and<\/p>\n<p>(b) (i) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>F33[(8A) (a) Where a person to whom an order under subsection (1) applies\u2014<\/p>\n<p>(i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the \u201ctriggering offence\u201d), and<\/p>\n<p>(ii) subject to subsection (8B), is convicted of the triggering offence,<\/p>\n<p>the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held\u2014<\/p>\n<p>(I) no later than 15 days after such remand, or<\/p>\n<p>(II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,<\/p>\n<p>and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.<\/p>\n<p>(b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).<\/p>\n<p>(c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.<\/p>\n<p>(8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.<\/p>\n<p>(8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.<\/p>\n<p>(8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.<\/p>\n<p>(8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned\u2014<\/p>\n<p>(a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and<\/p>\n<p>(b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.<\/p>\n<p>(8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]<\/p>\n<p>(9) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>(10) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>F34[(10A) F35[\u2026]]<\/p>\n<p>F36[(11) (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.<\/p>\n<p>(b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]<\/p>\n<p>(12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.<\/p>\n<p>(13) Where a member of the Garda S\u00edoch\u00e1na or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]<\/p>\n<p>(14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[\u2026](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>(15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.<\/p>\n<p>(17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.<\/p>\n<p>(18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]<\/p>\n<p>(19) This section shall not affect the operation of\u2014<\/p>\n<p>(a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. &amp; O. No. 320 of 1947), or<\/p>\n<p>(b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.<\/p>\n<p>F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment imposed on the person for another offence of which he or she is convicted,<\/p>\n<p>the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.<\/p>\n<p>(19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,<\/p>\n<p>shall not exceed 2 years.]<\/p>\n<p>F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]<\/p>\n<p>F43[(21) Where\u2014<\/p>\n<p>(a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and<\/p>\n<p>(b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),<\/p>\n<p>the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).<\/p>\n<p>(22) Where an order under subsection (1) is made by a court on appeal from another court\u2014<\/p>\n<p>(a) the reference in subsection (8A) to the court that made the order under subsection (1),<\/p>\n<p>(b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and<\/p>\n<p>(c) the reference in subsection (12) to the court that revoked the order under subsection (1),<\/p>\n<p>shall be construed as references to the court from whose order or decision the appeal was taken.<\/p>\n<p>(23) In this section the \u201cother consecutive sentencing provisions\u201d means\u2014<\/p>\n<p>(a) section 5 of the Criminal Justice Act 1951,<\/p>\n<p>(b) section 13 of the Criminal Law Act 1976,<\/p>\n<p>(c) section 11 of the Criminal Justice Act 1984,<\/p>\n<p>(d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and<\/p>\n<p>(e) any other enactment that requires or permits a court to impose a consecutive sentence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(a), S.I. No. 1 of 2019.<\/p>\n<p>F32<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(b), S.I. No. 1 of 2019.<\/p>\n<p>F33<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(c), S.I. No. 1 of 2019.<\/p>\n<p>F34<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(c) and (e), S.I. No. 236 of 2007.<\/p>\n<p>F35<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(d), S.I. No. 1 of 2019.<\/p>\n<p>F36<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(e), S.I. No. 1 of 2019.<\/p>\n<p>F37<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(f), S.I. No. 1 of 2019.<\/p>\n<p>F38<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(g), S.I. No. 1 of 2019.<\/p>\n<p>F39<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(h), S.I. No. 1 of 2019.<\/p>\n<p>F40<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(i), S.I. No. 1 of 2019.<\/p>\n<p>F41<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(j), S.I. No. 1 of 2019.<\/p>\n<p>F42<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(k), S.I. No. 1 of 2019.<\/p>\n<p>F43<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(l), S.I. No. 1 of 2019.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nReferences construed (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 3, S.I. No. 1 of 2019.<\/p>\n<p>Construction of references<\/p>\n<p>3. A reference in any enactment, within the meaning of the Interpretation Act 2005, to\u2014<\/p>\n<p>(a) subsection (9) of section 99 of the Act of 2006 shall be construed as a reference to subsections (8A) and (8B) (inserted by section 2 (c)) of the said section 99, and<\/p>\n<p>(b) subsection (10) of section 99 of the Act of 2006 shall be construed as a reference to subsection (8C) (inserted by section 2 (c)) of the said section 99.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nDeclared unconstitutional: subss. (9) and (10) declared unconstitutional (19.04.2016) by Moore v DPP [2016] IEHC 244. The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017) was enacted in response to this decision.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: subs. (9) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 51, S.I. No. 330 of 2009 and (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(a), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: subs. (10) amended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(b), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: subs. (11)(a) substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(d), S.I. No. 236 of 2007; substituted as per F-note above.<\/p>\n<h4>Imposition of fine and deferral of sentence.<\/h4>\n<p>100.\u2014 (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) \u2014<\/p>\n<p>(a) impose a fine on that person in respect of the offence, and<\/p>\n<p>(b) make an order\u2014<\/p>\n<p>(i) deferring the passing of a sentence of imprisonment for the offence, and<\/p>\n<p>(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.<\/p>\n<p>(2) A court shall not perform functions under subsection (1) unless it is satisfied that\u2014<\/p>\n<p>(a) the person concerned consents to the sentence of imprisonment being deferred,<\/p>\n<p>(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and<\/p>\n<p>(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.<\/p>\n<p>(3) An order under subsection (1) (b) shall specify\u2014<\/p>\n<p>(a) the date (in this section referred to as the \u201cspecified date\u201d) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and<\/p>\n<p>(b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.<\/p>\n<p>(4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.<\/p>\n<p>(6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.<\/p>\n<p>(7) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .<\/p>\n<p>(8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.<\/p>\n<p>(10) Upon an application by a member of the Garda S\u00edoch\u00e1na for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.<\/p>\n<p>(11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.<\/p>\n<p>(12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.<\/p>\n<p>(13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>(14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of \u201c, including an order under section 100 (1) of the Criminal Justice Act 2006\u201d after \u201cthe person against whom the order shall have been made\u201d.<\/p>\n<h4>Restriction on movement order.<\/h4>\n<p>101.\u2014 (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (\u201ca restriction on movement order\u201d) in respect of the person.<\/p>\n<p>(2) A restriction on movement order may restrict the offender\u2019s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision\u2014<\/p>\n<p>(a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or<\/p>\n<p>(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,<\/p>\n<p>or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.<\/p>\n<p>(3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.<\/p>\n<p>(4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.<\/p>\n<p>(5) A restriction on movement order shall specify the restrictions that are to apply to the offender\u2019s movements and, in particular, it shall specify\u2014<\/p>\n<p>(a) the period during which it is in force,<\/p>\n<p>(b) the period or periods in each day or week during which the offender shall be in any specified place or places,<\/p>\n<p>(c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.<\/p>\n<p>(6) In determining for the purposes of subsection (2) (a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.<\/p>\n<p>(7) In determining for the purpose of subsection (2) (b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.<\/p>\n<p>(8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.<\/p>\n<p>(9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2) (a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.<\/p>\n<p>(10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender\u2019s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.<\/p>\n<p>(11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language\u2014<\/p>\n<p>(a) the effect of the order, including any requirement which is to be included in the order under section 102 ,<\/p>\n<p>(b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and<\/p>\n<p>(c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,<\/p>\n<p>and the court shall not make the order unless the offender agrees to comply with its requirements.<\/p>\n<p>(12) The court shall cause certified copies of a restriction on movement order to be sent to\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) the member in charge of the Garda S\u00edoch\u00e1na station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,<\/p>\n<p>(c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order.<\/p>\n<h4>Electronic monitoring of restriction on movement order.<\/h4>\n<p>102.\u2014 Where the restrictions on an offender\u2019s movements in a restriction on movement order are to be monitored electronically, the order shall include\u2014<\/p>\n<p>(a) a provision making an authorised person responsible for monitoring the offender\u2019s compliance with it, and<\/p>\n<p>(b) a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.<\/p>\n<h4>Variation of restriction on movement order.<\/h4>\n<p>103.\u2014 (1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,<\/p>\n<p>(c) a member of an Garda S\u00edoch\u00e1na, or<\/p>\n<p>(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order,<\/p>\n<p>vary the order by substituting another period or time or another place for any period, time or place specified in the order.<\/p>\n<p>(2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate.<\/p>\n<p>(3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.<\/p>\n<p>(4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,<\/p>\n<p>(c) the member in charge of the Garda S\u00edoch\u00e1na station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force, and<\/p>\n<p>(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order.<\/p>\n<p>(5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.<\/p>\n<h4>Provisions regarding more than one restriction on movement order.<\/h4>\n<p>104.\u2014 (1) Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, notwithstanding subsections (2) and (3), not be for a period of more than 6 months.<\/p>\n<p>(2) Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.<\/p>\n<p>(3) Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.<\/p>\n<h4>Non-compliance with restriction on movement order.<\/h4>\n<p>105.\u2014 (1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda S\u00edoch\u00e1na or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order, that the offender has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may\u2014<\/p>\n<p>(a) if the order was made by a court in the district court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force\u2014<\/p>\n<p>(i) direct the offender to comply with the order or any such condition in so far as it has not been complied with,<\/p>\n<p>(ii) revoke the order and make another restriction on movement order in respect of the offender, or<\/p>\n<p>(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,<\/p>\n<p>or<\/p>\n<p>(b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender on bail to a sitting of that court to be dealt with, and for that purpose, paragraph (a) shall apply in relation to that court, with the necessary modifications.<\/p>\n<p>(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the offender has complied with the order concerned or any condition to which it is subject.<\/p>\n<p>(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the offender to appear before it and, if the offender does not appear in answer to the summons, it may issue a warrant for his or her arrest.<\/p>\n<p>(4) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.<\/p>\n<h4>Amendment of section 5 of Criminal Justice Act 1951.<\/h4>\n<p>106.\u2014 Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.<\/p>\n<h4>Documentary evidence in relation to offenders.<\/h4>\n<p>107.\u2014 (1) Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being\u2014<\/p>\n<p>(a) a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender\u2019s whereabouts were electronically monitored, and<\/p>\n<p>(b) a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.<\/p>\n<p>(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.<\/p>\n<p>(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.<\/p>\n<h4>Temporary release of prisoners.<\/h4>\n<p>108.\u2014 (1) A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person\u2019s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically in accordance with subsection (4).<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), a direction may include provision\u2014<\/p>\n<p>(a) requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or<\/p>\n<p>(b) requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,<\/p>\n<p>or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.<\/p>\n<p>(3) A direction shall not be subject to a condition which restricts the movements of a person in accordance with subsection (2)(a) without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.<\/p>\n<p>(4) Where the restrictions on a person\u2019s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include\u2014<\/p>\n<p>(a) a provision making an authorised person responsible for monitoring the person\u2019s compliance with the condition and the condition referred to in paragraph (b), and<\/p>\n<p>(b) a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.<\/p>\n<p>(5) A condition shall not be imposed under subsection (1)(4) or (b) unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nElectronic monitoring devices for purposes of section prescribed (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010), reg. 3.<\/p>\n<h4>Documentary evidence in relation to prisoners on temporary release.<\/h4>\n<p>109.\u2014 (1) In any proceedings for an offence under section 6(2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being\u2014<\/p>\n<p>(a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person\u2019s whereabouts were electronically monitored, and<\/p>\n<p>(b) a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender\u2019s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.<\/p>\n<p>(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.<\/p>\n<p>(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.<\/p>\n<h4>Amendment of section 2(1) of Criminal Justice Act 1960.<\/h4>\n<p>110.\u2014 Section 2(1) of the Criminal Justice Act 1960 is amended by the insertion of \u201c(including, if appropriate, any condition under section 108 of the Criminal Justice Act 2006)\u201d after \u201csubject to such conditions, as may be specified in the direction\u201d.<\/p>\n<h4>Regulations regarding electronic monitoring devices.<\/h4>\n<p>111.\u2014 The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring\u2014<\/p>\n<p>(a) the compliance of offenders with a requirement under section 102, and<\/p>\n<p>(b) the compliance of persons with section 108(4).<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E38<br \/>\nPower pursuant to subs. (b) exercised (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010).<\/p>\n<h4>Electronic monitoring.<\/h4>\n<p>112.\u2014 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\u2014<\/p>\n<p>(a) the compliance of offenders with restriction on movement orders, or<\/p>\n<p>(b) the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,<\/p>\n<p>or both.<\/p>\n<h2>CRIMINAL JUSTICE ACT 2007<\/h2>\n<p>PART 3<\/p>\n<p>Sentencing<\/p>\n<h4>Interpretation (Part 3).<\/h4>\n<p>24.\u2014 (1) In this Part\u2014<\/p>\n<p>\u201cimprisonment\u201d includes\u2014<\/p>\n<p>(a) detention in Saint Patrick\u2019s Institution,<\/p>\n<p>(b) detention in a place provided under section 2 of the Prisons Act 1970, and<\/p>\n<p>(c) detention in a place specified under section 3 of the Prisons Act 1972,<\/p>\n<p>and \u201cprison\u201d and \u201csentence of imprisonment\u201d shall be construed accordingly;<\/p>\n<p>\u201cremission from the sentence\u201d means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.<\/p>\n<p>(2) In this Part, references to an offence specified in Schedule 2 shall include\u2014<\/p>\n<p>(a) references to participation as an accomplice of a person who commits such an offence, and<\/p>\n<p>(b) references to an offence of attempting or conspiring to commit, or inciting the commission of, such an offence.<\/p>\n<h4>Commission of another offence within specified period.<\/h4>\n<p>25.\u2014 (1) Subject to subsections (2) and (3), where a person (other than a person under the age of 18 years)\u2014<\/p>\n<p>(a) has been convicted on indictment of an offence specified in Schedule 2 (in this section referred to as \u201cthe first offence\u201d),<\/p>\n<p>(b) has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and<\/p>\n<p>(c) who is convicted on indictment of an offence specified in Schedule 2 (in this section referred to as \u201cthe subsequent offence\u201d) that is committed\u2014<\/p>\n<p>(i) during the period of 7 years from the date of conviction of the first 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<\/p>\n<p>(ii) during any such period of imprisonment,<\/p>\n<p>(in this section the total period comprising the periods referred to in subparagraphs (i) and (ii) is referred to as \u201cthe specified period\u201d),<\/p>\n<p>the court shall, in imposing sentence on the person in respect of the subsequent offence, specify as the minimum term of imprisonment to be served by the person, a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, if the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.<\/p>\n<p>(2) Subsection (1) shall not apply if any of the following provisions apply in respect of the subsequent offence:<\/p>\n<p>(a) section 2 of the Criminal Justice Act 1990;<\/p>\n<p>(b) F3[\u2026]<\/p>\n<p>(c) F3[\u2026]<\/p>\n<p>(d) F3[\u2026]<\/p>\n<p>(e) F3[\u2026]<\/p>\n<p>(3) Subsection (1) shall 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 the term of imprisonment referred to in that subsection in respect of the subsequent offence.<\/p>\n<p>(4) Subsection (1) shall apply to a person in respect of the subsequent offence only if that offence is committed after the commencement of this section and that subsection shall apply to a person whether the first offence is committed before or after such commencement.<\/p>\n<p>(5) If, in relation to a sentence of a term of imprisonment imposed on a person in respect of the first offence\u2014<\/p>\n<p>(a) the operation of the whole term is suspended, then subsection (1) shall not apply to that offence, or<\/p>\n<p>(b) 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 respect of the first offence for the purposes of subsection (1).<\/p>\n<p>(6) Subsection (1) shall not apply to a person if the conviction in respect of the first offence is quashed on appeal or otherwise.<\/p>\n<p>(7) A reference in this section to a sentence imposed on a person in respect of the first offence shall\u2014<\/p>\n<p>(a) if the sentence is varied on appeal, be construed as a reference to the sentence as so varied, or<\/p>\n<p>(b) if, on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, the sentence is quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person, be construed as a reference to that other sentence.<\/p>\n<p>(8) For the purposes of subsections (1)(c) and (10), a period of imprisonment means any time when the person concerned is\u2014<\/p>\n<p>(a) remanded in custody,<\/p>\n<p>(b) serving a sentence F4[in prison,]<\/p>\n<p>(c) temporarily released under section 2 of the F5[Criminal Justice Act 1960,]<\/p>\n<p>F6[(ca) conditionally released under section 2A of the Criminal Justice Act 1960, or]<\/p>\n<p>F7[(d) released on parole within the meaning of the Parole Act 2019.]<\/p>\n<p>(9) References in this section to the subsequent offence shall include references to a second or subsequent offence specified in Schedule 2 of which a person (other than a person under the age of 18 years) is convicted on indictment during the specified period.<\/p>\n<p>(10) The specified period in relation to a person to whom subsection (1) applies shall expire only when the person has not been convicted of an offence specified in Schedule 2\u2014<\/p>\n<p>(a) during the period of 7 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<\/p>\n<p>(b) during any such period of imprisonment.<\/p>\n<p>(11) If, following the application of subsection (1) to a person in respect of a conviction on indictment of an offence specified in Schedule 2\u2014<\/p>\n<p>(a) his or her conviction in respect of the first offence is quashed on appeal or otherwise, or<\/p>\n<p>(b) the sentence imposed on the person in respect of the first offence is varied on appeal so that it no longer falls under subsection (1)(b,<\/p>\n<p>the person may apply to the court that imposed the sentence on him or her in respect of the subsequent offence to review it and the court may, if it considers it appropriate to do so, vary that sentence.<\/p>\n<p>(12) (a) If a sentence imposed on a person in respect of a conviction on indictment of an offence specified in Schedule 2 does not fall under subsection (1)(b) but the sentence is\u2014<\/p>\n<p>(i) varied on appeal, or<\/p>\n<p>(ii) on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person,<\/p>\n<p>so that the sentence then falls under subsection (1)(b), subsection (1) shall apply in respect of an offence specified in Schedule 2 (\u201cthe subsequent offence\u201d) committed by the person within the specified period.<\/p>\n<p>(b) If, in the circumstances referred to in paragraph (a), a sentence has, at the time of the appeal referred to in subparagraph (i) of that paragraph concerned or, as the case may be, the application referred to in subparagraph (ii) of that paragraph concerned, been imposed on the person concerned in respect of the subsequent offence, the Director of Public Prosecutions may apply to the court that imposed the sentence to review it and the court shall apply subsection (1) to that person in respect of the subsequent offence and, if appropriate, vary the sentence accordingly.<\/p>\n<p>(13) The power conferred by section 23 of 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 accordance with subsection (1) in respect of the subsequent offence, be exercised before the expiry of the minimum term of imprisonment specified by the court in accordance with that subsection less any reduction of that term arising under subsection (14).<\/p>\n<p>(14) 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 in accordance with subsection (1) 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.<\/p>\n<p>(15) Any powers conferred by rules made under 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 in accordance with subsection (1) 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 subsection (13) 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.<\/p>\n<p>(16) The reference in subsection (15) to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nDeleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36\/2021), s. 8, S.I. No. 777 of 2021, subject to certain retrospective effects in s. 10.<\/p>\n<p>F4<br \/>\nSubstituted (30.07.2021) by Parole Act 2019 (28\/2019), s. 37(a), S.I. No. 405 of 2021.<\/p>\n<p>F5<br \/>\nSubstituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3\/2023), s. 76(a), S.I. No. 213 of 2023.<\/p>\n<p>F6<br \/>\nInserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3\/2023), s. 76(b), S.I. No. 213 of 2023.<\/p>\n<p>F7<br \/>\nInserted (30.07.2021) by Parole Act 2019 (28\/2019), s. 37(c), S.I. No. 405 of 2021.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPrevious affecting provision: text in subs. (c) substituted (30.07.2021) by Parole Act 2019 (28\/2019), s. 37(b), S.I. No. 405 of 2021; substituted (3.05.2023) as per F-note above.<\/p>\n<h4>Monitoring orders and protection of persons orders.<\/h4>\n<p>26.\u2014 (1) Where a person (other than a person under the age of 18 years) (in this section referred to as \u201cthe offender\u201d) 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.<\/p>\n<p>(2) The court may make an order (in this section referred to as a \u201c monitoring order\u201d) 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 S\u00edoch\u00e1na 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.<\/p>\n<p>(3) A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.<\/p>\n<p>(4) The court may make an order (in this section referred to as a \u201cprotection of persons order\u201d) 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.<\/p>\n<p>(5) 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.<\/p>\n<p>(6) A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.<\/p>\n<p>(7) A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which\u2014<\/p>\n<p>(a) 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<\/p>\n<p>(b) 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,<\/p>\n<p>whichever is the later.<\/p>\n<p>(8) 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.<\/p>\n<p>(9) An application under subsection (8) shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na of the district in which the home of the offender is located at the time of the application.<\/p>\n<p>(10) 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 \u20ac2,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(11) Nothing in this section shall 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.<\/p>\n<p>(12) In this section \u201chome\u201d, 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.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 25, subject to transitional provisions in ss. 13, 26, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nProspective affecting provision: subss. (2), (9) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 25, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>(2) The court may make an order (in this section referred to as a \u201c monitoring order\u201d) 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 S\u00edoch\u00e1na F8[in the Garda division] 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.<\/p>\n<p>&#8230;<\/p>\n<p>(9) An application under subsection (8) shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na F8[in the Garda division] in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda S\u00edoch\u00e1na F8[in the Garda division] in which the home of the offender is located at the time of the application.<\/p>\n<p>F9[<\/p>\n<h4>Post-release orders in cases of certain offences.<\/h4>\n<p>26A.\u2014 (1) 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 &#8220;the offender&#8221;, is convicted on indictment of\u2014<\/p>\n<p>(a) an offence under F10[Part 7 of the Act of 2006,]<\/p>\n<p>F11[(aa) the offence of conspiracy to murder under section 4 of the Act of 1861, or]<\/p>\n<p>(b) an offence F10[(other than an offence referred to in paragraph (a) or (aa))] specified in Schedule 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,<\/p>\n<p>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 &#8220;post-release (restrictions on certain activities) order&#8221;) in relation to him or her for the purpose of the offender\u2019s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.<\/p>\n<p>(2) 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\u2014<\/p>\n<p>(a) the evidence given in the trial of the offender for the offence concerned, and<\/p>\n<p>(b) evidence that is given to the court in relation to the sentence to be imposed for that offence,<\/p>\n<p>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\u2019s previous criminal record and the other circumstances relating to him or her.<\/p>\n<p>(3) There is, by virtue of this subsection, conferred on the court power to make, as part of the offender\u2019s 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:<\/p>\n<p>(a) restrictions on the offender\u2019s movements, actions or activities;<\/p>\n<p>(b) conditions subject to which the offender may engage in any activity;<\/p>\n<p>(c) restrictions on the offender\u2019s association with others or conditions subject to which the offender may associate with others,<\/p>\n<p>being restrictions and conditions, as to both their nature and extent, that\u2014<\/p>\n<p>(i) are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and<\/p>\n<p>(ii) fall into a category of restrictions and conditions specified in a scheme made under subsection (10).<\/p>\n<p>(4) A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.<\/p>\n<p>(5) A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which\u2014<\/p>\n<p>(a) 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<\/p>\n<p>(b) 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,<\/p>\n<p>whichever is the later.<\/p>\n<p>(6) 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.<\/p>\n<p>(7) An application under subsection (6) shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na of the district in which the home of the offender is located at the time of the application.<\/p>\n<p>(8) 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 \u20ac5,000 or imprisonment for a term not exceeding 12 months or both.<\/p>\n<p>(9) Nothing in this section shall 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.<\/p>\n<p>(10) (a) 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.<\/p>\n<p>(b) 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.<\/p>\n<p>(11) In this section &#8220;home&#8221;, 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 14(1), commenced on enactment.<\/p>\n<p>F10<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (26\/2023), s. 5(b)(i), (iii), S.I. No. 525 of 2023, art. 3(b).<\/p>\n<p>F11<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (26\/2023), s. 5(b)(ii), S.I. No. 525 of 2023, art. 3(b).<\/p>\n<p>F12<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 25, subject to transitional provisions in ss. 13, 26, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nProspective affecting provision: subs. (7) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 25, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>(7) An application under subsection (6) shall be made on notice to an inspector of the Garda S\u00edoch\u00e1na F12[in the Garda division] in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda S\u00edoch\u00e1na F12[in the Garda division] in which the home of the offender is located at the time of the application.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower pursuant to subs. (10) exercised (5.07.2010) by Post-Release (Restrictions on Certain Activities) Orders Scheme 2010 (S.I. No. 330 of 2010).<\/p>\n<p>Amendment of Criminal Justice (Legal Aid) Act 1962.<\/p>\n<p>27.\u2014 The Criminal Justice (Legal Aid) Act 1962 is amended\u2014<\/p>\n<p>(a) by the insertion of the following sections after section 6:<\/p>\n<p>\u201c<\/p>\n<h4>Legal aid (monitoring order) certificate.<\/h4>\n<p>6A.\u2014 (1) Where\u2014<\/p>\n<p>(a) a monitoring order has been made in relation to a person, and<\/p>\n<p>(b) a certificate for free legal aid (in this Act referred to as a \u2018legal aid (monitoring order) certificate\u2019) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26(8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.<\/p>\n<p>(2) A legal aid (monitoring order) certificate shall be granted in relation to a person in respect of whom a monitoring order has been made if (but only if)\u2014<\/p>\n<p>(a) application is made therefor,<\/p>\n<p>(b) it appears to the court to which the application is made to vary or revoke the order that\u2014<\/p>\n<p>(i) the means of the person are insufficient to enable him or her to obtain legal aid, and<\/p>\n<p>(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.<\/p>\n<p>(3) In this section \u2018monitoring order\u2019 has the meaning it has in section 26 of the Criminal Justice Act 2007.<\/p>\n<h4>Legal aid (protection of persons order) certificate.<\/h4>\n<p>6B.\u2014 (1) Where\u2014<\/p>\n<p>(a) a protection of persons order has been made in relation to a person, and<\/p>\n<p>(b) a certificate for free legal aid (in this Act referred to as a \u2018legal aid (protection of persons order) certificate\u2019) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26(8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.<\/p>\n<p>(2) A legal aid (protection of persons order) certificate shall be granted in respect of a person in relation to whom a protection of persons order has been made if (but only if)\u2014<\/p>\n<p>(a) application is made therefor,<\/p>\n<p>(b) it appears to the court to which the application is made to vary or revoke the order that\u2014<\/p>\n<p>(i) the means of the person are insufficient to enable him or her to obtain legal aid, and<\/p>\n<p>(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.<\/p>\n<p>(3) In this section \u2018protection of persons order\u2019 has the meaning it has in section 26 of the Criminal Justice Act 2007.\u201d,<\/p>\n<p>(b) in section 7, by the addition of the following subsection:<\/p>\n<p>\u201c(3) Where a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person\u2019s application to vary or revoke the monitoring order or the protection of persons order to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in section 9(2), by the substitution of \u201c, a legal aid (Supreme Court) certificate, a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate\u201d for \u201cor a legal aid (Supreme Court) certificate\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-23868\" data-postid=\"23868\" class=\"themify_builder_content themify_builder_content-23868 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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\u2014 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[362],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23868"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=23868"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23868\/revisions"}],"predecessor-version":[{"id":33736,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23868\/revisions\/33736"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=23868"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=23868"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=23868"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}