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Insertion of sections 16A to 16C in Principal Act
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15. The Principal Act is amended by the insertion of the following sections after section 16:
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“Monitoring compliance with sex offender order
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16A. (1) Subject to subsections (2) and (3), where the court makes or varies a sex offender order in respect of a respondent who is over the age of 18 years that prohibits him or her from going to, being in or leaving a specific place (whether at a particular time or generally), the court may, in making the order, on application in that regard by the applicant, direct that—
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(a) the movements of the respondent are monitored electronically in accordance with this section so that his or her compliance or non‑compliance with such prohibition can be established,
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(b) for that purpose, the respondent has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified, and
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(c) an authorised person is responsible for monitoring the respondent’s compliance or non-compliance with—
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(i) the prohibition concerned, or
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(ii) paragraph (b).
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(2) A direction under subsection (1) shall not be given—
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(a) if the respondent is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and
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(b) unless the respondent agrees to comply with the direction.
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(3) A direction under subsection (1) shall continue in force until the expiration of—
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(a) 6 months from the date of the notification of its making being given to the respondent,
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(b) such shorter period as the court may provide for in the direction, or
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(c) the sex offender order of which it forms part,
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whichever is the earlier.
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(4) Where the court makes or varies a sex offender order to include a direction under subsection (1), the period for which the order continues in force shall not be affected by the direction ceasing to be in force.
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Evidence of electronic monitoring under section 16A
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16B. (1) Where the movements of a respondent are subject to electronic monitoring pursuant to section 16A, evidence of his or her—
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(a) presence or absence in or from a particular place at a particular time, or
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(b) compliance or non-compliance with a direction under section 16A(1)(b),
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may, subject to this section, be given in any proceedings by the production of the following documents:
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(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the respondent’s whereabouts were electronically monitored;
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(ii) a certificate—
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(I) that the statement relates to the whereabouts of the respondent at the dates and times shown in it, and
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(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the respondent’s compliance with a prohibition in a sex offender order that prohibits him or her from going to, being in or leaving a specific place or a direction under section 16A(1).
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(2) Subject to subsection (3), in any proceedings the statement and certificate referred to in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.
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(3) Neither the statement nor the certificate referred to in paragraphs (i) and (ii) of subsection (1) is admissible pursuant to subsection (2) unless a copy of the statement or certificate, as the case may be, has been served on the respondent concerned before the commencement of the proceedings concerned.
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Arrangements for electronic monitoring under section 16A
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16C. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for monitoring the compliance or non-compliance of respondents with prohibitions in sex offender orders prohibiting them from going to, being in or leaving a specific place or a direction under section 16A(1)(b).”.
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