S.I. No. 206/2002 - District Court (Sex Offenders) Rules, 2002

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1    These rules may be cited as the District Court (Sex Offenders) Rules, 2002.

2    These rules shall come into operation on the 13th day of June 2002 and shall be read together with all other District Court rules for the time being in force.

3    Order 38 of the District Court Rules, 1997 ( SI. No. 93 of 1997 ) is hereby amended by the addition immediately after rule 3 thereof, of the following:

“Sex Offenders Act, 2001

A certificate for the purposes of section 14 of the Sex Offenders Act, 2001 shall be in the Form 38.4, Schedule B and shall be signed by a District Court clerk.

An order imposing post-release supervision pursuant to section 29 of the Sex Offenders Act, 2001 may be in the Form 38.5 Schedule B and a copy of such Order shall be transmitted to the Governor of the Prison or person in charge of the other place of detention to which the accused is committed”.

4    The Forms numbered 38.4 and 38.5 in Schedule 1 hereof shall be added to Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Given this 3rd day of December, 2001

I concur in the making of the foregoing rules

Dated this 13th day of May, 2002

John O'Donoghue

Minister for Justice, Equality and Law Reform.

Explanatory Note

(This note is not part of the instrument and does not purport to be legal interpretation).

These Rules amend Order 38 of the District Court Rules, 1997 and provide for the notification of convictions for sex offenders.

AN CHÚIRT DHÚICHE                                         THE DISTRICT COURT

Sex Offenders Act, 2001, Section 14

Certificate of Conviction and /or Sentence

DISTRICT COURT AREA OF ___________________________DISTRICT NO.:_____

D.P.P. (at the suit of _________________)      -v-        __________________________

Case/Charge Sheet/Bill No. ______________________

Defendant's Name __________________________________________________________

Defendant's Address ________________________________________________________

Date of Birth ______________________________________________________________

Date of Conviction __________________________________________________________

Court Venue_______________________________________________________________

Date of Sentence (if different) __________________________________________________

The above named defendant was convicted of the above offence(s) on the above date and has become subject to the requirements of Part 2 of the Sex Offenders Act, 2001 .

to be transmitted immediately to:

(1)  The Commissioner of the Garda Siochana c/o National Bureau of Criminal Investigation, Harcourt Square, Dublin 2 Fax No. 6663439

(2)  The person convicted of the offence

(3)  The person in charge of the place to which the person has been ordered to be imprisoned or Probation and Welfare Service, as appropriate

This form is to be used where a person has been convicted and/or has been sentenced of a sexual offence within the meaning of the Sex Offenders Act, 2001

No. 38.5

SCHEDULE B

O.38, r.5

SEX OFFENDERS ACT, 2001

SECTION 29

ORDER FOR IMPRISONMENT AND POST-RELEASE SUPERVISION

E.F., of........................................... ............................................................ ............................

Prosecutor

A.B.,............................................................ ...... ............................................................ ....

Accused

A.B., of..........................., hereinafter called the accused, is this day convicted ^*(the accused having been informed of his/her right to be tried by a jury and having consented to be dealt with summarily that he/she, on the...................day of.......................20....., at within the ................................aforesaid did (here state the offence).

And the accused having been convicted of the said offence and sentenced to a period of ^* imprisonment ^* detention

IT IS FURTHER ORDERED that during the period of                    commencing upon the date of his/her release from^* imprisonment ^* detention the accused shall remain under the supervision of , a probation and welfare officer, while this Order shall remain in force.

And having regard to section 28 and section 30 of the above-mentioned Act, it is further ordered that following his/her release from ^* imprisonment ^* detention and while this Order shall remain in force

^*The said accused be prohibited from

^*The said accused undergo the following ^* counselling ^*treatment provided by

And this Order shall remain in force from the...........day of ............, 20.....to the ...........day of .................., 20........

Dated this........day of............20......

Signed..........................................................

Judge of the District Court

^*warrant of execution as to imprisonment

^*detention in the usual form

^*warrant of execution as to imprisonment

^*detention in the usual form

^*warrant of execution as to imprisonment

^*detention in the usual form