The most severe aspect of Tim Allen's punishment is likely to be the requirements imposed on him by the Sex Offenders Act, writes Carol Coulter, Legal Affairs Correspondent
Some people may be surprised by the handing down of a community service order in the first trial of one of those arrested and charged under the Garda Síochána's high-profile "Operation Amethyst". This involved raids at 90 addresses around the State last May as part of a crackdown on child pornography on the Internet.
However, the maximum sentence in the District Court is 12 months, and here the accused person pleaded guilty and had no previous convictions. Even if the sentence is considered unduly lenient, the Director of Public Prosecutions cannot appeal a sentence imposed by the District Court.
The maximum fine for an offence under Section 6 of the 1998 Child Trafficking and Pornography Act, which deals with possession of child pornography and under which Allen was charged, is £1,500 (now €1,970) if the case is dealt with summarily in the District Court. Judge Michael Pattwell evaded that ceiling by asking for a €40,000 charitable donation, a device normally used in conjunction with the Probation Act, where no conviction is recorded if a donation is made to the court poor-box.
The use of charitable donations to the court poor-box has no statutory basis, although the Public Accounts Committee heard appeals for it to be put on such a basis when it was discussed in 2001.
Possession of child pornography - as opposed to producing or distributing it, allowing a child to be used in its production, or trafficking in children for this purpose - is the least grave offence under the Child Trafficking and Pornography Act. This offence, covered by Section 6 of the Act, can be tried either summarily in the District Court or on indictment in the Circuit Court and, especially where there is a guilty plea, is likely to be tried in the District Court. The maximum sentence is 12 months or the £1,500 fine, or both. More serious offences under this Act must be tried on indictment in the Circuit Court, and possible sentences include terms up to life imprisonment.
However, under the 2001 Sex Offenders Act there is an obligation on all sex offenders to "notify certain information" to the gardaí. Those defined as sex offenders include people convicted under Section 6 of the Child Trafficking and Pornography Act, like Tim Allen.
Anyone convicted of a sexual offence for which the sentence is one of imprisonment for any term, and where that is suspended, or where there is any other non-custodial sentence (such as a community service order or fine), must inform the gardaí of their movements for a period of five years.
The information which has to be provided to the gardaí includes the person's name, address and date of birth, any other names used and any change in home address. The person must also inform the gardaí of any single visit to another address lasting more than seven days, or shorter visits totalling seven days in any 12-month period.
Such an offender must also inform the gardaí if he or she intends to leave the State for a continuous period of more than seven days, and the address at which he or she will reside while outside the State. If the offender leaves the State for less than seven days and gets delayed, he or she must also inform the gardaí of this fact and provide the address they are staying at.
The gardaí may inform the authorities in the other state of the identity, address and offence of the person concerned, and routinely communicate this information to the UK police.
This all means that anyone with a conviction under the Child Trafficking and Pornography Act will effectively have their freedom of movement limited for five years. The real sentence is thus having the label of sex offender hung around their necks for five years.