Question | Answer |
Is there a sex offender’s 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, as amended, 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, as amended. This is known as being ‘subject to the Sex Offenders Act’ |
When does a sex offender have to make their initial notification? | If an offender is made subject to the requirements of the Sex Offenders Act 2001, as amended they must make a notification to An Garda Síochána within three days of conviction of the scheduled sexual offence. If an offender is imprisoned for the offence they must complete the notification within three days of their release from custody |
What information must a sex offender provide when making an initial notification to An Garda Síochána? | Notifications must include the following information regarding the offender: • name on the date which the notification is given • date of birth • where he or she uses, or at any time previously, used one or more other names, each of those names • his or her home address on the date which the notification is given |
In what other circumstances must a sex offender make a notification to An Garda Síochána? | If a sex offender changes their name or uses any other name at any time this must be notified to An Garda Síochána including name/s used on social media, or any apps etc. If a sex offender changes their address on a permanent basis the new address must be notified to An Garda Síochána. If a sex offender stays at an address other than the one they have already notified to An Garda Síochána as their home address (for three days or more or on two or more periods in twelve months which amounts to three days) this address must be notified to An Garda Síochána. If a sex offender is travelling out of the State for three days or more or is moving out of the State permanently the information outlined hereunder must be notified to An Garda Síochána. |
What information does a sex offender need to provide if leaving the State? | A sex offender must notify Gardaí of their intention to leave the State, the address of each place outside the state at which they intend to stay or reside and if returning to the State the date on which they intend to return. |
What if a sex offender does not make any notifications following the initial notification? | If a sex offender does not make any further notifications e.g. change of address or name or details of leaving the State, in the year following their initial notification they are required to complete a notification within 7 days following the end of that twelve month period. The information to be provided mirrors the information to be provided on initial notification. |
How/Where does a sex offender make a notification? | A notification must be made by attending a Garda Station which is a Divisional Headquarters or a Garda station which has been designated by the Commissioner of An Garda Síochána. The notification must be made orally to a member of An Garda Síochána. |
What if a sex offender is unable to attend the Garda station to make a notification? | If an offender, due to a disability, is unable to attend a Garda station to make a notification this can be accommodated for. Further information can be found here. If an offender is outside the State for three days or more and did not notify this in person prior to leaving as he/she did not intend to be out of the State for that period, the offender must send written notification by post to any Garda station which is a Divisional Headquarters or a designated Garda station. Further information can be found here. |
Do notification requirements apply to offenders convicted in another State? | Yes. If an offender is convicted of a sexual offence outside Ireland that is comparable to a sexual offence listed in the schedule to Sex Offenders Act 2001 as amended they will be subject to the same notification requirements. |
Is it an offence for failure to comply with the provisions of the Sex Offenders Act, 2001, as amended? | Yes. If an offender fails to comply with the certain requirements under the Sex Offenders Act, 2001, as amended, the offender is committing an offence. The offender will be arrested and charged with this offence and if convicted the offender can receive a fine or be imprisoned. |
Does an offender have to tell an employer about their sexual conviction? | An offender must inform their employer of their conviction if in the main the work involves having access to children or vulnerable persons. This includes voluntary or unpaid work. Failure to do so is an offence. |
Are convicted sex offenders managed in the community? | Yes. When a person is convicted of a scheduled sexual offence in the courts a certificate of conviction is provided to the convicted person, An Garda Síochána, and/or the Probation Service and/or the Irish Prison Service. This certificate states that the person is subject to the Sex Offenders Act, 2001. Each Garda Division 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 monitoring Garda or Sergeant. The monitoring 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, as amended 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 TUSLA Child and Family Agency 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 of the scheduled sexual offence, 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 the commission of the offence concerned, the court shall specify the period for which they shall be subject and this shall not exceed 5 years. |
Can a convicted sex offender apply to the courts to have their notification requirements removed? | Yes, a convicted sex offender may apply to the courts to have their notification requirements removed after ten years from the date of release from prison. This provision is only applicable to offenders who have received a sentence of more than two years imprisonment and as such are subject to the requirements of the Sex Offenders Act, 2001 for an indefinite period. However, the sex offender remain subject to certain requirements under the Sex Offenders Act 2001, as amended e.g. informing their employer of their conviction if in the main the work involves having access to children or vulnerable persons. |
Can I find out the identity of convicted sex offenders in my community? | No. The records held by An Garda Síochána on sex offenders are not subject to Freedom of Information legislation. Therefore, you are not entitled to apply for same. |
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 assessments carried out. 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 and can find themselves homeless or being subjected to physical and verbal attack. This can result in the offender concerned going ‘underground’. Thus 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. |
