(LRC Revised)

Number 18 of 2001

SEX OFFENDERS ACT 2001

REVISED

Updated to 13 November 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Sex Offenders Act 2001

. It is prepared by the Law Reform

Commission in accordance with its function under the

Law Reform Commission Act

1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Electricity Costs (Emergency Measures) Domestic

Accounts Act 2023

(29/2023), enacted 10 November 2023, and all statutory

instruments up to and including the

Sex Offenders (Amendment) Act 2023 (Commencement)

Order 2023

(S.I. No. 539 of 2023), made 9 November 2023, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

18

of

2001

SEX OFFENDERS ACT 2001

REVISED

Updated to 13 November

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation (general).

3.

Sexual offences for purposes of Act.

3A.

Application of amendments made by Sex Offenders (Amendment) Act

2023.

4.

Regulations.

5.

Expenses.

PART 2

Obligations of Sex Offenders to Notify Certain

Information

6.

“relevant date”.

7.

Persons subject to the requirements of this Part.

8.

Period for which person is subject to requirements of this Part and related matters.

9.

Supply of information to facilitate compliance with this Part.

10.

Notification requirements.

10A.

Power of

Garda Síochána to take fingerprints, palm prints and photographs of persons

subject to requirements of Part.

11.

Discharge from obligation to comply with requirements of this Part.

12.

Offences in connection with notification requirements.

13.

Application of this Part to persons convicted outside State.

14.

Certificate as evidence of person's being subject to requirements of this Part.

PART 2A

Assessment and Management of Risk Posed by Sex

Offenders

14A.

Interpretation (

Part 2A

).

14B.

Risk

assessment and management team.

14C.

Regulations in relation to risk assessment and management teams.

14D.

Disclosure

of information relating to relevant offender where offender poses risk of

harm.

14E.

Notice of

proposed disclosure of information to relevant offender concerned.

14F.

Publication of information in certain circumstances.

14G.

Record of

disclosure or publication to be maintained.

14H.

Power of

Commissioner to conduct research and publish information.

PART 3

Sex Offenders Orders

15.

Definitions (

Part 3

).

16.

Sex offender orders.

16A.

Monitoring compliance with sex offender order.

16B.

Evidence of electronic monitoring under

section 16A

.

16C.

Arrangements for electronic monitoring under

section 16A

.

17.

Taking effect of sex offender order.

18.

Effect of appeal from order.

19.

Discharge or variation of sex offender order.

20.

Court jurisdiction and venue.

21.

Provisions in relation to evidence and proceedings under this Part.

22.

Offence in respect of contravention of sex offender order.

23.

Rules of court.

24.

Amendment of Civil Legal Aid Act, 1995.

PART 4

Provision of Information for Employment Purposes

25.

Interpretation (

Part 4

).

26.

Failure to inform employer, etc., of sexual offence conviction.

PART 4A

Prohibition on Working with Children and Vulnerable

Persons

26A.

Interpretation (

Part 4A

).

26B.

Part

4A

without prejudice to

Part 5

.

26C.

Duty of

court to consider imposition of sentence involving prohibition.

26D.

Power

of court to impose prohibition.

26E.

Duty of

court to explain effect of sentence to offender.

26F.

Discharge or variation of prohibition.

26G.

Non-compliance with prohibition.

PART 5

Post-Release Supervision for Sex Offenders

27.

Interpretation (

Part 5

).

28.

Duty of court to consider imposition of sentence involving post-release supervision.

29.

Power of court to impose sentence involving post-release supervision.

30.

Additional provisions which may be included in sentence involving post-release supervision.

30A.

Power of

court to amend conditions or include new conditions.

30B.

Monitoring compliance with condition.

30C.

Evidence

of electronic monitoring under

section 30B

.

30D.

Arrangements for electronic monitoring under

section 30B

.

31.

Duty of court to explain effect of sentence to offender.

32.

Discharge or variation of requirements relating to supervision period.

33.

Non-compliance with requirements relating to supervision period.

PART 6

Miscellaneous

34.

Amendment of Criminal Law (Rape) Act, 1981.

35.

Further amendments of Civil Legal Aid Act, 1995.

36.

Proof of foreign conviction in certain cases.

37.

Amendment of section 2 of Act of 1990.

SCHEDULE

Sexual Offences for Purposes of Act

Acts Referred to

Child Trafficking and Pornography Act, 1998

1998, No. 22

Civil Legal Aid Act, 1995

1995, No. 32

Civil Service Regulation Act, 1956

1956, No. 46

Courts Act, 1964

1964, No. 11

Courts Act, 1971

1971, No. 36

Criminal Justice Act, 1960

1960, No. 27

Criminal Law Amendment Act, 1885

1885, c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) Act, 1981

1981, No. 10

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Employment Agency Act, 1971

1971, No. 27

Interpretation Act, 1937

1937, No. 38

Local Government Act, 1941

1941, No. 23

Offences against the Person Act, 1861

1861, c. 100

Punishment of Incest Act, 1908

1908, c. 45

Sexual Offences (Jurisdiction) Act, 1996

1996, No. 38

Trial of Lunatics Act, 1883

1883, c. 38

Number

18

of

2001

SEX OFFENDERS ACT 2001

REVISED

Updated to 13 November

2023

AN ACT TO REQUIRE, IN THE INTERESTS OF THE COMMON

GOOD. THE NOTIFICATION OF INFORMATION

TO THE GARDA SÍOCHÁNA BY PERSONS WHO HAVE

COMMITTED CERTAIN SEXUAL OFFENCES; IN THOSE

INTERESTS TO IMPOSE, OR ENABLE THE IMPOSITION

OF, CERTAIN OTHER REQUIREMENTS ON SUCH PERSONS

(INCLUDING REQUIREMENTS THE PURPOSE OF

WHICH IS TO ASSIST IN THEIR REHABILITATION); TO

ENABLE CERTAIN COMPLAINANTS TO BE HEARD

AND LEGALLY REPRESENTED IN RELATION TO

APPLICATIONS UNDER SECTION 3 OR 4 OF THE

CRIMINAL LAW (RAPE) ACT, 1981, TO AMEND

SECTION 2 OF THE CRIMINAL LAW (RAPE)

(AMENDMENT) ACT, 1990, AND TO PROVIDE FOR

RELATED MATTERS. [30

th June

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Application of Act

restricted (2.06.2006) by

Criminal Law (Sexual Offences) Act 2006

(15/2006), s. 3(10), commenced on enactment.

Defilement of child

under the age of 17 years

3.—

…

(10) A person who—

(

a

) has been convicted of

an offence under this section, and

(

b

) is not more than 24

months older than the child under the age of 17 years with whom he or she engaged

or attempted to engage in a sexual act,

shall not be subject to the

provisions of the Sex Offenders Act 2001.

Annotations

Modifications (not altering

text)

C1

Application of Act

restricted (2.06.2006) by

Criminal Law (Sexual Offences) Act 2006

(15/2006), s. 3(10), commenced on enactment.

Defilement of child

under the age of 17 years

3.—

…

(10) A person who—

(

a

) has been convicted of

an offence under this section, and

(

b

) is not more than 24

months older than the child under the age of 17 years with whom he or she engaged

or attempted to engage in a sexual act,

shall not be subject to the

provisions of the Sex Offenders Act 2001.