Sex Offenders (Amendment) Act 2023
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Amendment of section 10 of Principal Act | ||
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8. Section 10 of the Principal Act is amended— | ||
(a) in subsection (1)— | ||
(i) by the substitution of “3 days” for “7 days”, | ||
(ii) by the substitution of the following paragraphs for paragraph (a): | ||
“(a) his or her name on the date on which the notification is given, | ||
(aa) where he or she also uses, or at any time previously used, one or more other names, each of those names, and”, | ||
and | ||
(iii) in paragraph (b), by the substitution of “home address on the date on which the notification is given” for “home address”, | ||
(b) in subsection (2)— | ||
(i) by the substitution of “3 days” for “7 days” in each place it occurs, | ||
(ii) in paragraph (d), by the substitution of “in the State on a date other than that notified under subsection (3)(c)” for “in the State”, and | ||
(iii) by the substitution of “the fact of that return and the address to which the person has returned” for “the fact of that return”, | ||
(c) by the substitution of the following subsection for subsection (3): | ||
“(3) If a person who is subject to the requirements of this Part intends to leave the State for a continuous period of 3 days or more, he or she shall notify the Garda Síochána of— | ||
(a) that intention, | ||
(b) the address of each place outside the State at which he or she intends to reside or stay, and | ||
(c) the date on which he or she intends to return to the State.”, | ||
(d) in subsection (4)— | ||
(i) by the substitution of “3 days” for “7 days” in each place it occurs, and | ||
(ii) by the substitution of “3rd day” for “7th day”, | ||
(e) by the insertion of the following subsection after subsection (4): | ||
“(4A) A person may give a notification under subsection (4)— | ||
(a) by sending, by post, a written notification of the matters concerned to any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section, or | ||
(b) by such other means as may be prescribed.”, | ||
(f) in subsection (5), by the substitution of “3 days” for “7 days”, | ||
(g) by the insertion of the following subsection after subsection (6): | ||
“(6A) Without prejudice to subsections (1), (2), (3) and (4), a person who is subject to the requirements of this Part shall notify the Garda Síochána of the matters specified in paragraphs (a), (aa) and (b) of subsection (1) and paragraphs (a), (b) and (c) of subsection (6)— | ||
(a) not later than 3 days after the coming into operation of section 8 (g) of the Sex Offenders (Amendment) Act 2023, | ||
(b) where the person gives a notification under subsection (1), (2), (3) or (4) and does not give another such notification in the 12 month period thereafter, not later than 7 days after the end of that 12 month period, and | ||
(c) where a person has not given a notification under subsection (1), (2), (3) or (4) in the 12 month period after the giving of a notification under paragraph (a) or (b), not later than 7 days after the end of that 12 month period.”, | ||
(h) in subsection (7)— | ||
(i) in paragraph (b), by the substitution of “in prison,” for “in prison, or”, and | ||
(ii) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) detained in a children detention school, or”, | ||
(i) by the insertion of the following subsections after subsection (7): | ||
“(7A) Where a person gives a notification under subsection (1), (2), (3) or (4) and the member of the Garda Síochána to whom the notification is given is not satisfied that the person has a home address or that the person is currently residing or staying at such home address (other than in circumstances where the person has given a notification to that effect under subsection (2)(c)), the member shall inform that person in writing that he or she shall be required to— | ||
(a) notify the Garda Síochána of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification, and | ||
(b) subject to subsection (7B), continue to notify the Garda Síochána on every 3rd day thereafter of the specific location of the place in the State where he or she intends to reside or stay at on the night of that notification, | ||
until such time as the member of the Garda Síochána to whom the notification is being given informs the person that he or she is satisfied that the person has acquired a home address or has returned to his or her home address in the State. | ||
(7B) A member of the Garda Síochána not below the rank of inspector may, in respect of a person to whom subsection (7A) applies, specify such period of more or less than 3 days for the purposes of paragraph (b) of that subsection as he or she is satisfied is appropriate, having regard to— | ||
(a) the interests of public safety, or | ||
(b) the safety of a particular member of the public, | ||
and where such a period is so specified, the member of the Garda Síochána informing a person under that subsection shall so inform the person. | ||
(7C) Subject to subsection (7D), a person who is required to give a notification under this section (other than under subsection (4)) shall do so by attending in person at any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section and notifying orally a member of the Garda Síochána at the station of the matters concerned. | ||
(7D) Where a person who is required to give a notification under this section (other than under subsection (4))— | ||
(a) has a disability such that he or she is unable to give the notification in person, and | ||
(b) provides a written certificate signed by a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 to that effect to the member in charge of any Garda Síochána station which is a divisional headquarters or which has been designated by the Commissioner for the purposes of this section not later than the day before the date by which the notification is required to be given, | ||
the member in charge shall arrange for the notification concerned to be given orally to a member of the Garda Síochána— | ||
(i) at the person’s home, or | ||
(ii) at any other place as may be agreed with the member in charge.”, | ||
(j) by the deletion of subsection (8), | ||
(k) in subsection (9), by the substitution of “a written notification under this section” for “such a notification”, | ||
(l) by the insertion of the following subsection after subsection (10): | ||
“(10A) A designation of a Garda Síochána station by the Commissioner for the purposes of this section shall be in writing and the Commissioner shall cause a list of the Garda Síochána stations so designated to be published.”, | ||
and | ||
(m) in subsection (11)— | ||
(i) in the definition of “home address”, by the substitution of “stays” for “visits”, and | ||
(ii) in the definition of “qualifying period”, by the substitution of “3 days” for “7 days” in each place it occurs. |