New legislation will enable the Garda to warn members of the public if a convicted sex offender who has been released poses a danger to them or their children, it has been announced.
The powers will be used only "in the most exceptional circumstances, in order to prevent an immediate risk of crime or to alert members of the public to an apprehended danger, and then only on a strict need to know basis", according to the Minister for Justice, Equality and Law Reform.
He said that work on legislation containing this and other measures would begin immediately. He expects the new laws to be in force by the end of the year. They will form part of a package aimed at protecting the public from convicted sex offenders. Other elements in the package include:
Powers to ban convicted sex offenders from the vicinity of schools, playgrounds and other places will be given to the courts.
Courts will be able to impose sentences on sex offenders consisting of a combination of jail and supervision in the community.
It will be an offence for a convicted child sex abuser to look for a job involving access to children without revealing his or her conviction.
The register of sex offenders will be part of a "tracking" system whereby convicted sex offenders must notify gardai of any change of address or whenever they leave or enter the State.
The powers to ban convicted sex offenders from certain places or activities after release will be exercised by the courts on the application of the i.Garda. "The gardai will be able to apply to the courts for a sex offender order against any sex offender whose behaviour in the community gives the gardai reasonable cause for concern that an order is necessary to protect the public from serious harm," Mr O'Donoghue said.
"The order will be made in the civil courts and is geared towards persons whose behaviour, while not criminal, gives cause for concern. The order will prohibit the convicted sex offender from doing certain things, as specified in the order. Breach of the order will be an offence. An example of its usage might be against a person who had been convicted in the past for a sexual offence against schoolchildren in or near school grounds and who was shown to be lurking around schools again for no legitimate reason."
The proposed jail/community sentences will enable judges to sentence offenders to jail for a certain period of time and to order that they be under the supervision of probation officers for a further specified period. The period of jail and supervision, added together, cannot be longer than the maximum sentence for the offence.
"Since rape carries a maximum sentence of up to life imprisonment, a convicted rapist could potentially be ordered by the court to serve a custodial sentence of a fixed number of years followed by lifelong supervision on release," the Minister said.
The length of time a person spends on the register of sex offenders will depend on the seriousness of the crime, "with some modification for juvenile offenders", Mr O'Donoghue said. Offenders who receive custodial sentences of more than two years will remain on the register for life.
The legislation will also provide for separate legal representation for complainants in rape and other serious sexual assault cases where an application is made to cross-examine the complainant about his or her past sexual experience. "Since such applications are made in the absence of the jury, the argument that separate legal representation would unfairly sway a jury does not arise," the Minister said.
Penalties for breaches by sex offenders of the new requirements will range from terms of imprisonment of six months to five years or fines of £1,500 to £10,000.