Sex Offenders (Amendment) Act 2023

PART 2

Amendment of Principal Act

Amendment of section 2 of Principal Act

3. Section 2(1) of the Principal Act is amended—

(a) by the substitution of the following definition for the definition of “imprisonment”:

“‘imprisonment’ includes detention in the Central Mental Hospital and ‘prison’ shall be construed accordingly;”,

(b) in the definition of “sexual offence”, by the substitution of “section 3;” for “section 3.”, and

(c) by the insertion of the following definitions:

“‘authorised person’ means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes of section 16A or 30B;

‘children detention school’ has the same meaning as it has in section 3 of the Children Act 2001 ;

‘Commissioner’ means the Commissioner of the Garda Síochána;

‘probation officer’ means a person appointed by the Minister to be a probation officer;

‘Probation Service’ 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;

‘vulnerable person’ means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

(a) a physical disability, illness or injury,

(b) a disorder of the mind, whether as a result of mental illness or dementia, or

(c) an intellectual disability.”.