S.I. No. 199/2005 - District Court (Sex Offenders) (Amendment) Rules, 2005

STATUTORY INSTRUMENTS

S. I. No. 199 of 2005

District Court (Sex Offenders) (Amendment) Rules, 2005

S.I. 199 of 2005

District Court (Sex Offenders) (Amendment) Rules, 2005.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1          These rules may be cited as the District Court (Sex Offenders) (Amendment) Rules, 2005.

2          These rules shall come into operation on the 6^th day of April 2005 and shall be read together with all other District Court rules for the being in force.

3          Order 38 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the addition immediately after rules 4 thereof, of the following:

“Sex Offenders Act, 2001

5          (1) A certificate for the purposes of section 14 of the Sex Offenders Act, 2001 shall be in the Form 38.14, Schedule B and shall be signed by a District Court clerk.

(2) An order imposing post-release supervision pursuant to section 29 of the Sex Offenders Act, 2001 may be in the Form 38.15 Schedule B and copy of such Order shall be transmitted to the Governor of the Prison or person in charge of the other place of detention to which the accused is committed”.

4.         The Forms Numbered 38.14 and 38.15 in Schedule 1 hereof shall be added to Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

5          The District Court (Sex Offenders) Rules, 2002 ( S.I. No. 206 of 2002 ) are hereby repealed.

No. 38.14

SCHEDULE B

O.38, r.5

SEX OFFENDERS ACT, 2001, Section 14

Certificate of Conviction and/or Sentence

D.P.P. (at the suit of .................................._-v-............................................................ .........................

Case/Charge Sheet/Bill No............................................................ ........................................................

Defendant's Name............................................................ ............................................................ .........

Defendant's Address............................................................ ............................................................ .......

Date of Birth............................................................ ............................................................ ................

Date of Conviction............................................................ ............................................................ .......

Court Venue............................................................ ............................................................ .................

Date of Sentence (if different)............................................................ .....................................................

The above named defendant was convicted of the above offence(s) on the above date has become subject to the requirements of Part 2 of the Sex Offenders Act, 2001

To be transmitted immediately to:

(1)  The Commissioner of the Garda Síochána c/o National Bureau of Criminal Investigation Harcourt Square, Dublin 2 Fax No. 6663439

(2)  The person convicted of the offence(s)

(3)  The person in charge of the place to which the person has been ordered to be imprisoned or Probation and Welfare Service, as appropriate.

This form is to be used where a person has been convicted and/or has been sentenced of sexual offence within the meaning of the Sex Offenders Act, 2001 .

No. 38.15

SCHEDULE B

O.38, r.5

SEX OFFENDERS ACT, 2001

SECTION 29

ORDER FOR IMPRISONMENT AND POST-RELEASE SUPERVISION

E.F., of............................................................ ............................................................ ..............................

Prosecutor

A.B.,............................................................ ............................................................ ...................................

Accused

A.B., of.....................hereinafter called the accused, is this day convicted *(the accused having been informed of his/her right to be tried by jury and having consented to be dealt with summarily That he/she, on the.................day of.........................20......, at

Within the ........................aforesaid did (here state the offence).

And the accused having been convicted of the said offence and sentenced to a period of        *imprisonment *detention

IT IS FURTHER ORDERED that during the period of        commencing upon the date of his/her release from *imprisonment *detention the accused shall remain under the supervision of , a probation and welfare officer, while this Order shall remain in force.

And having regard to section 28 and section 30 of the above-mentioned Act, it is further ordered that following his/her release from *imprisonment/*detention and while this Order shall remain in force

*The said accused be prohibited from

*The said accused undergo the following*counselling *treatment provided by

And this Order shall remain in force from the .............. Day of ........... 20...to the .............. day of ............... 20.....

*warrant of execution as to imprisonment * detention in the usual form

EXPLANATORY NOTE

(This note does not form part of the Instrument and does not purport to be a legal interpretation).

These Rules repeal the District Court (Sex Offenders) Rules, 2002 (S. I. No. 206 of 2002).