Sex Offenders (Amendment) Act 2023

Application of amendments made by Sex Offenders (Amendment) Act 2023

5. The Principal Act is amended by the insertion of the following section after section 3:

“3A. (1) An amendment of this Act made by the Sex Offenders (Amendment) Act 2023 shall apply in respect of—

(a) persons who are convicted—

(i) of a sexual offence, or

(ii) in a place outside the State, of an offence, and the act constituting that offence would, if done in the State, constitute a sexual offence under the law of the State,

whether the person is so convicted before or after the coming into operation of the amendment,

(b) sex offender orders (within the meaning of Part 3), whether made before or after the coming into operation of the amendment, and

(c) sentences involving post-release supervision (within the meaning of Part 5), whether imposed before or after the coming into operation of the amendment.

(2) Any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, a relevant provision of this Act before the date of the coming into operation of section 5 of the Sex Offenders (Amendment) Act 2023 may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the said provision had not been amended by the Sex Offenders (Amendment) Act 2023.

(3) In this section, ‘relevant provision of this Act’ means a provision of this Act that is amended by the Sex Offenders (Amendment) Act 2023.”.