Sex Offenders (Amendment) Act 2023
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Insertion of Part 2A in Principal Act | ||
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13. The Principal Act is amended by the insertion of the following Part after Part 2: | ||
“Part 2A | ||
Assessment and Management of Risk Posed by Sex Offenders | ||
Interpretation (Part 2A) | ||
14A. (1) In this Part— | ||
‘Act of 2005’ means the Garda Síochána Act 2005 ; | ||
‘housing authority’ has the same meaning as it has in the Housing (Miscellaneous Provisions) Act 1992 ; | ||
‘relevant information’, in relation to a relevant offender, means any information concerning him or her that— | ||
(a) is necessary to carry out a proper assessment of the risk of the harm posed by him or her to the public, or a member of the public, or for the management of that risk, and | ||
(b) is appropriate and proportionate for the purposes of that assessment or management; | ||
‘relevant offender’ means— | ||
(a) a person who is subject to the requirements of Part 2, | ||
(b) a person for whom Part 2 has effect under section 16(7), or | ||
(c) a person who has been convicted of a sexual offence and who is under the supervision of a probation officer; | ||
‘risk assessment and management team’ shall be construed in accordance with section 14B(1). | ||
(2) This Part is without prejudice to any power in any other enactment or under any other law to provide or to receive information. | ||
Risk assessment and management team | ||
14B. (1) A member of the Garda Síochána not below the rank of inspector and a probation officer not below the grade known as Senior Probation Officer may, where they are satisfied, in relation to a relevant offender, that it is necessary to do so, establish a team of persons (in this Part referred to as a ‘risk assessment and management team’) for the purpose of— | ||
(a) the full and proper assessment of— | ||
(i) the risk of harm posed by the relevant offender to the public or a member of the public, and | ||
(ii) how that risk might be managed, | ||
and | ||
(b) the management of that risk. | ||
(2) A risk assessment and management team shall consist of— | ||
(a) a representative of the Garda Síochána, being a member not below the rank of inspector, | ||
(b) a representative of the Probation Service, being a probation officer not below the grade known as Senior Probation Officer, and | ||
(c) such of the following as the member of the Garda Síochána and the Senior Probation Officer referred to in paragraphs (a) and (b) consider appropriate, having regard to the expertise required to assess the risk of harm posed by the relevant offender, and to manage that risk effectively: | ||
(i) a representative of the Child and Family Agency; | ||
(ii) a representative of the Health Service Executive; | ||
(iii) a representative of the Irish Prison Service (being the prison service of the Department of Justice, which is charged with the management of prisons); | ||
(iv) a representative of any children detention school in which an offender was detained; | ||
(v) a representative of a housing authority; | ||
(vi) a representative of such other organisations or bodies as may be prescribed. | ||
(3) In prescribing an organisation or body for the purposes of subsection (2)(c)(vi), the Minister shall take into account— | ||
(a) the role played by the organisation or body in the assessment or management of the risk of harm posed by relevant offenders, | ||
(b) the need to protect the public, or a member of the public, from such risk, and | ||
(c) the role played by the organisation or body in providing and enabling access for relevant offenders to services that support the rehabilitation and reintegration into society of such offenders. | ||
(4) A member of a risk assessment and management team may share with the other members of the team any relevant information relating to the relevant offender concerned that is necessary for the purpose of accurately and effectively assessing or managing the risk of harm posed by the relevant offender. | ||
(5) A member of a risk assessment and management team may share with the organisation or body which he or she represents on the team any relevant information relating to the relevant offender concerned available to the team that is necessary for the purpose of accurately and effectively assessing or managing the risk of harm posed by the relevant offender. | ||
(6) An organisation or body with whom information is shared in accordance with subsection (5) may use or share that information with another party where, and to the extent, necessary for the purpose referred to in that subsection. | ||
(7) The risk assessment and management team may, for the purposes of the performance of its functions, consult with such persons as appear to it to be expert or knowledgeable in the assessment and management of the risk of harm posed by relevant offenders or by the relevant offender concerned. | ||
(8) Where a risk assessment and management team consults with a person pursuant to subsection (7), it may share any relevant information relating to that offender available to the team that is necessary for such consultation and the person may use that information for the purposes of such consultation. | ||
(9) Information shared by a member of a risk assessment and management team under this section shall not be disclosed to any other person or body except in so far as information can be disclosed in accordance with this section or section 14D. | ||
Regulations in relation to risk assessment and management teams | ||
14C. (1) The Minister may by regulations make provision for such additional matters in relation to risk assessment and management teams, including their operation and functions, as appear necessary or expedient to him or her. | ||
(2) In making any such regulations, the Minister shall take into account— | ||
(a) the role and importance of risk assessment and management teams in the assessment and management of the risk of harm posed by relevant offenders, | ||
(b) the effective and efficient operation of the risk assessment and management process, and | ||
(c) the need to protect the public, and members of the public, from the risks being assessed and managed. | ||
Disclosure of information relating to relevant offender where offender poses risk of harm | ||
14D. (1) Subject to this Part, a member of the Garda Síochána not below the rank of inspector (‘the member concerned’) may, where he or she is satisfied that there is a risk of harm to the public, or a member of the public, due to the commission by a relevant offender of a sexual offence, authorise the disclosure of such of the following as he or she considers necessary to prevent that harm: | ||
(a) the name of the relevant offender; | ||
(b) a photograph of the relevant offender; | ||
(c) the address at which the relevant offender is residing or staying; | ||
(d) the nature of the sexual offence of which the relevant offender was convicted; | ||
(e) the level of risk posed by the relevant offender to the public or a member of the public; | ||
(f) such other information as the member considers necessary to avoid, mitigate or manage the risk. | ||
(2) A disclosure under this section may only be made to such persons in respect of whom the disclosure is necessary in order to prevent the harm referred to in subsection (1). | ||
(3) Subject to subsection (4), a disclosure under this section may only be authorised where the member concerned is satisfied that such disclosure is unlikely to result in— | ||
(a) public disorder, | ||
(b) physical harm to a person, | ||
(c) damage to property, or | ||
(d) intimidation of, or threats to, a person. | ||
(4) Subsection (3) shall not apply where the member concerned is satisfied that the harm referred to in subsection (1) of which the public, or a member of the public, is at risk is greater than any harm that may be caused by any of the matters specified in paragraphs (a) to (d) of subsection (3) that result from the disclosure. | ||
(5) The member concerned may, when authorising the disclosure of information pursuant to this section— | ||
(a) specify the purpose for which the information may be used by the person to whom it is being disclosed, or | ||
(b) impose such conditions relating to the further disclosure of the information by that person as the member considers appropriate. | ||
(6) Without prejudice to section 14E(3), for the purposes of subsection (1) or (4), the member concerned may have regard to— | ||
(a) any assessment by a risk assessment and management team of the risk of harm posed by the relevant offender, and | ||
(b) any other information or material that the member considers of relevance. | ||
Notice of proposed disclosure of information to relevant offender concerned | ||
14E. (1) Subject to subsection (2), a member of the Garda Síochána shall, in advance of making a disclosure under section 14D in respect of a relevant offender— | ||
(a) inform the relevant offender— | ||
(i) that such a disclosure is proposed, and | ||
(ii) that he or she is entitled to make a submission in writing, in respect of whether the disclosure should be made, within 5 days or such other period as may be specified by the member where he or she considers it appropriate in the circumstances, | ||
and | ||
(b) provide, other than where such provision would undermine the purpose of the disclosure or would be prejudicial to the assessment and management of the risk of harm posed by the offender, to the relevant offender a summary of— | ||
(i) the information that is proposed to be disclosed, and | ||
(ii) the reasons for making such disclosure. | ||
(2) Subsection (1) shall not apply where— | ||
(a) the relevant offender has consented to the disclosure concerned, | ||
(b) having made reasonable efforts to do so, the relevant offender cannot be located, or | ||
(c) the member of the Garda Síochána is satisfied that there is an immediate need to make the disclosure concerned in order to prevent harm to the public or a member of the public. | ||
(3) A member of the Garda Síochána shall, when making a decision as to whether to make a disclosure under section 14D, take into account any submissions made in that regard by the relevant offender pursuant to this section. | ||
Publication of information in certain circumstances | ||
14F. (1) Subject to subsection (2), where a relevant offender fails to comply with a requirement to which he or she is subject under Part 2 and the offender’s whereabouts are unknown to the Garda Síochána, a member not below the rank of inspector may, for the purpose of locating the offender or protecting the public, or a member of the public, from harm, authorise the publication of such of the following as appears to him or her to be necessary for that purpose: | ||
(a) any of the following in relation to the offender: | ||
(i) his or her name; | ||
(ii) his or her address; | ||
(iii) a description of him or her; | ||
(iv) his or her age; | ||
(v) a photograph of him or her; | ||
(vi) details of any distinguishing feature; | ||
(b) the fact that the offender is a relevant offender; | ||
(c) where available, information concerning the risk of harm posed by the offender or any other information which would assist in locating the offender or protecting the public, or a member of the public, from harm. | ||
(2) Information published under this section should be limited to that information necessary to locate the offender or to protect the public, or a member of the public, from harm. | ||
Record of disclosure or publication to be maintained | ||
14G. (1) Where a member of the Garda Síochána makes a decision to disclose information under section 14D, or to publish information under section 14F, the member shall compile and maintain a record of the decision made which shall include— | ||
(a) the reasons for making the decision, | ||
(b) the information which is disclosed or published under this Part, | ||
(c) in relation to information disclosed under section 14D, the name and address of the person to whom information is disclosed under this Part, and | ||
(d) in relation to information published under section 14F, the manner of such publication. | ||
(2) Where a record compiled and retained pursuant to subsection (1) is required to be shared with any person who is not a member of the Garda Síochána, the record may be redacted by a member of the Garda Síochána not below the rank of inspector where, and to the extent, necessary— | ||
(a) to protect the public, or a member of the public, from harm, or | ||
(b) to prevent any prejudice to the assessment and management of the risk of harm posed by the relevant offender concerned. | ||
Power of Commissioner to conduct research and publish information | ||
14H. (1) The Commissioner may undertake, commission or assist in research projects related to any matter relevant to his or her functions in protecting the public, or members of the public, from the risk of harm posed by relevant offenders. | ||
(2) The Commissioner shall publish, or cause to be published, such information as he or she considers appropriate setting out the manner in which section 14D operates to permit the disclosure of information under that section. | ||
(3) Section 31 of the Act of 2005 shall apply to the function of the Commissioner under subsection (1) as it applies to his or her functions under that Act, subject to the modification that the reference in subsection (4) thereof to a provision of that Act shall be read as a reference to subsection (1).”. |