FAQ – Sex Offender Management |
Question | Answer |
Is there a Sex Offenders Register in Ireland? | While the term Sex Offenders Register is commonly used in Ireland, there is in fact no such register. A ‘live’ database of sex offenders to whom the Sex Offenders Act, 2001 applies is maintained by An Garda Síochána. In 2001 legislation was introduced that placed certain requirements on convicted sex offenders, this legislation is the Sex Offenders Act, 2001. This is known as being ‘subject to the Sex Offenders Act’. |
What are the notification requirements on a sex offender in Ireland? | Under Section 10 of the Act, the offender is required to: - Notify, within 7 days, to An Garda Síochána their name and home address.
- Notify, within 7 days, to An Garda Síochána any change to their name or home address.
- Notify An Garda Síochána if they intend to leave Ireland for longer than 7 days and notify the address at which they will be staying.
- These notifications may be made in person or in writing to a Garda Station which is a District or Divisional Headquarters Station.
- These notification requirements also apply when an offender is released from prison.
|
Is it an offence for failure to comply with the provisions of the Sex Offenders Act, 2001? | Yes, if an offender fails to comply with the requirements under the Sex Offenders Act, 2001 the offender is committing an offence. The offender will be arrested and charged with this offence. If convicted the offender can receive a fine or be imprisoned. |
Does an offender have to tell an employer about their sexual conviction? | Yes, an offender must inform their employer of their conviction if the main part of the work involves having unsupervised access to children or mentally impaired persons. Failure to do so is an offence. |
Are there reporting restrictions if an offender is convicted for failing to comply with the provisions of the Sex Offenders Act, 2001? | Generally there are no reporting restrictions if an offender is convicted for a breach of the Sex Offenders Act, 2001. Therefore an offender can be named in the media. |
Are convicted sex offenders managed in the community? | Yes, when a person is convicted of a sexual offence in the Courts, the Court issues a certificate of conviction to the convicted person, An Garda Síochána, and / or the Probation Service and / or the Irish Prison Service (if applicable). This certificate states that the person is subject to Part 2 of the Sex Offenders Act, 2001, which means they must notify their name and address, as per Section 10 above. Each Garda Division (click here for link to directory) has a nominated Inspector who has responsibility for the monitoring and management of sex offenders in their respective Division. Each sex offender is assigned a liaison Garda or Sergeant. The sex offender must notify certain information as per Section 10 of the Act above. The liaison Garda or Sergeant will carry out a risk assessment of the offender, which will determine the minimum number of visits the liaison Garda or Sergeant will carry out with the offender. The liaison Garda or Sergeant will monitor the offender’s compliance with their requirements under the Sex Offenders Act, 2001 and prosecute for any breaches of same. If any child protection issues arise, they will be investigated immediately and a referral will be made to the Child and Family Agency (Tusla) in accordance with the Children First National Guidance. |
How long is a convicted sex offender subject to Part 2 of the Sex Offenders Act, 2001? | While a sex offender is subject to Part 2 of the Sex Offenders Act, 2001 from the date of conviction, the length of time that they are subject to the Act is determined by the sentence they receive, as follows: - Suspended sentence – 5 years
- Less than 6 months imprisonment – 7 years
- Between 6 months and 24 months imprisonment – 10 years
- More than 24 months imprisonment – Indefinite
If an offender is under 18 years of age at time of sentence, the length of time subject to the Act is halved. |
Can a convicted sex offender apply to the Courts to have their requirements removed? | Yes, a convicted sex offender may apply to the Courts to have their requirements removed after 10 years from the date of release from prison. This provision is only applicable to offenders who have received a sentence of more than 2 years imprisonment and are subject to the requirements of the Sex Offenders Act, 2001 for an indefinite period. |
Are convicted sex offenders risk assessed? | Yes, managing the risk posed to the community by convicted sex offenders is an important element of the Garda role in preventing the commission of further sexual crime. Convicted sex offenders are risk assessed using well established risk assessment tools. |
Can I find out the identity of convicted sex offenders in my community? | No. The records held by An Garda Síochána on convicted sex offenders are not subject to Freedom of Information legislation. Therefore you are not entitled to apply for same. An Garda Síochána is not at liberty to disclose details relating to names, addresses, convictions, etc of convicted sex offenders. Such disclosure may: - increase the risk of reoffending due to the stress caused to the offender.
- make the management of that risk more difficult.
- may cause unnecessary concern to the public.
|
What can I do if I have a concern about a person living in my community? | If you have a concern about any individual living in your area, you should contact your local Garda Station or if it is an emergency, dial 999/112 with your concerns. |
What risk does a convicted sex offender pose in the community? | The level of risk posed by a sex offender is determined by the results of the risk assessment carried out. Sex Offenders are risk assessed as low, medium, high or very high risk of re-conviction. However, low risk does not mean no risk. The risk level determines the level of monitoring or management by the Gardaí in the local community. Unfortunately, factors such as excessive and emotive media coverage through newspapers, social media, can heighten the risk posed both to the community and to the offender. In some instances, offenders who have been regarded as being well socially reintegrated into a community are suddenly identified in the media can find themselves homeless or being subjected to physical and verbal attack. This can result in the offenders concerned going ‘underground’, they may not engage with the statutory agencies and consequently this can heighten the risk to the community. There is currently a robust system of management of sex offenders in the community by the Gardaí and other statutory agencies. An Garda Síochána requests that anyone who has a serious concern, or suspects a person in the community poses a risk to children, to inform their local Garda Station rather than posting same on social media or other forum or taking matters into their own hands. |
