Criminal Justice (Amendment) Act 2009

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New section 26A of Act of 2007 and amendment of Schedule 2 to that Act.

14.— (1) The Act of 2007 is amended by inserting the following section after section 26:

“Post-release orders in cases of certain offences.

26A.— (1) Where, on or after the commencement of a scheme under subsection (10), a person (other than a person under the age of 18 years), in this section referred to as ‘ the offender ’, is convicted on indictment of—

(a) an offence under Part 7 of the Act of 2006, or

(b) an offence (other than an offence referred to in paragraph (a)) specified in Schedule 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,

the court shall, in determining the sentence to be imposed on the offender in respect of that offence, consider whether it is appropriate to make an order under this section (in this section referred to as a ‘ post-release (restrictions on certain activities) order ’) in relation to him or her for the purpose of the offender’s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.

(2) A post-release (restrictions on certain activities) order shall not be made in relation to the offender unless the court considers that, having regard to—

(a) the evidence given in the trial of the offender for the offence concerned, and

(b) evidence that is given to the court in relation to the sentence to be imposed for that offence,

it is in the public interest to make such an order, and in determining whether to make such order the court shall take account of such matters as the court considers appropriate, including the offender’s previous criminal record and the other circumstances relating to him or her.

(3) There is, by virtue of this subsection, conferred on the court power to make, as part of the offender’s sentence, a post-release (restrictions on certain activities) order in relation to him or her, that is to say, an order imposing one or more (and no other) of the following restrictions and conditions:

(a) restrictions on the offender’s movements, actions or activities;

(b) conditions subject to which the offender may engage in any activity;

(c) restrictions on the offender’s association with others or conditions subject to which the offender may associate with others,

being restrictions and conditions, as to both their nature and extent, that—

(i) are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and

(ii) fall into a category of restrictions and conditions specified in a scheme made under subsection (10).

(4) A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(5) A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which—

(a) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

(b) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(6) Where a post-release (restriction of certain activities) order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(7) An application under subsection (6) shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

(8) A person who fails, without reasonable cause, to comply with a post-release (restriction of certain activities) order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(9) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute (including section 26) or otherwise apart from this section while a post-release (restrictions of certain activities) order is in force.

(10) (a) As soon as practicable, but not later than 6 months, after the commencement of section 14 of the Criminal Justice (Amendment) Act 2009, the Minister shall prepare a scheme specifying 2 or more categories of restrictions and conditions that may be imposed by post-release (restrictions on certain activities) orders and lay a draft of the scheme before each House of the Oireachtas.

(b) If the draft of the scheme, so laid, is approved by a resolution passed by each such House, the Minister shall make the scheme as soon as practicable thereafter.

(11) In this section ‘ home ’, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.”.

(2) Schedule 2 to the Act of 2007 is amended, in paragraph 9, by substituting the following subparagraphs for subparagraph (b):

“(b) section 71A (directing activities of a criminal organisation);

(ba) section 72 (offence to participate in, or contribute to, certain activities);”.