Sex Offenders Act, 2001
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Power of court to impose sentence involving post-release supervision. |
29.—(1) A court may impose on a sex offender in respect of the sexual offence concerned a sentence involving post-release supervision, that is to say a sentence which consists of— | |
(a) the imposition of a sentence of imprisonment for a specified term (whether in addition to the imposition of a fine or not), and | ||
(b) a provision that during a specified period (“the supervision period”) commencing on the date of the offender's release from prison, the offender shall be under the supervision of a probation and welfare officer and requiring the offender to comply with such conditions as are specified in the sentence for securing that supervision. | ||
(2) The aggregate of the sentence of imprisonment referred to in subsection (1)(a) and the supervision period shall not exceed the duration of the maximum term of imprisonment that may be imposed in respect of the sexual offence concerned. | ||
(3) The term of the sentence of imprisonment referred to in subsection (1)(a) shall not be less than the term the court would have imposed if it had considered the matter apart from the provisions of this Part. | ||
(4) In determining the period to be specified as the supervision period, the matters to which the court shall have regard shall include the matters referred to in paragraphs (a) to (d) of section 28 (2). | ||
(5) The reference in this section to the date of the offender's release from prison is a reference to the date on which the offender's sentence of imprisonment referred to in subsection (1)(a) expires or, as the case may be, the offender's remission from the sentence begins. |