Management of Sex Offenders

Management of Convicted Sex Offenders

This document outlines:

the obligations of convicted sex offenders and the role of An Garda Síochána under the Sex Offenders Act, 2001;

An Garda Síochána’s policy on the management of convicted sex offenders;

the structures and systems in place within An Garda Síochána to manage convicted sex offenders.

An Garda Síochána's clear focus at all times is on the safety of all individuals in the community.  We work in close partnership with the Probation Service in respect of those offenders who are under their supervision. On a daily basis An Garda Síochána is working together with all other agencies with a role in this area to manage convicted sex offenders who are now living in the community and we have developed significant experience and expertise in this field.

A risk assessment is conducted and a management plan is put in place for all high risk sex offenders prior to their release from custody.

For legal and operational reasons, An Garda Síochána cannot discuss details concerning any individual. In this regard An Garda Síochána’s policy on the investigation of sexual crime clearly provides:

"Gardaí are not at liberty to disclose details relating to names, addresses, convictions etc. of convicted sex offenders, except in accordance with Children First guidelines and then only on referral to the HSE via the District Officer. Such disclosure may increase the risk of re-offending due to the stress caused to the offender, make the management of that risk more difficult and may cause unnecessary concern to the public." (Section 17.9)

Notification Requirements

The obligations of convicted sex offenders are outlined in the Sex Offenders Act 2001. Part 2 of the Act sets out the notification requirements of a person who has obligations under the Act.

They must, within seven days, of becoming subject to the notification requirements (e.g. release) notify their name, date of birth and home address to An Garda Síochána.

They must notify An Garda Síochána of any change to their name or address within seven days of that change.

If an offender wishes to leave the State for an intended period of seven days or more at a time or two or more periods in any twelve month period which taken together amount to seven days, they must notify An Garda Síochána of that intention in advance of leaving and state the address at which they are staying outside the State.

The Role of the Sex Offenders Management and Intelligence Unit

Within An Garda Síochána the Sex Offenders Management and Intelligence Unit maintains a record of all persons who are subject to the requirements of the 2001 Act and a Garda Inspector is nominated in each Division to oversee the implementation of the 2001 Act. There is ongoing communication and liaison between the Divisional Inspectors and the Sex Offenders Management and Intelligence Unit.

The nominated Divisional Inspectors are responsible for managing sex offenders in their respective Divisions and putting in place a plan to manage the risk posed by such offenders. Members of An Garda Síochána located throughout the country have been trained in a risk assessment matrix which is a statistically derived risk classification process intended for individuals convicted of a sex offence.

Sections 14 to 17 of the Garda Síochána’s policy on the investigation of sexual crime, crimes against children and child welfare provide further detail on the management of sex offenders. The full policy is available on www.garda.ie and the relevant extracts are included below:

Extract from An Garda Síochána’s policy on the investigation of sexual crime, crimes against children and child welfare

14. The Sex Offender Management & Intelligence Unit

14.1. The Sex Offenders Management & Intelligence Unit has national responsibility for

maintaining records of all persons in the State with obligations under the provisions

of the Sex Offenders Act 2001 (The 2001 Act). The unit monitors all reported

activity of sex offenders. When any information is entered onto PULSE, the unit and

all nominated Divisional Inspectors receive an automatic notification by email. Any

such information requiring attention will be acted upon without delay.

14.2. The unit receives notifications in relation to convicted sex offenders from two sources

– the court of conviction and the prison from which s/he is being released.

When a person is convicted of a ‘sexual offence’ as outlined in the schedule of the

2001 Act, a Certificate of Conviction issues from the relevant court to the Sex

Offenders Intelligence Unit.

If the convicted offender receives a prison sentence the 2001 Act places an obligation

on the Irish Prison Service to notify An Garda Síochána of the forthcoming release of

such a prisoner 10 days in advance of such release.

14.3. The Sex Offenders Management & Intelligence Unit notifies the Divisional Officer in

whose area the offender resides, or is expected to reside, who in turn forwards the

information to the nominated Divisional Inspector.

Any further information that comes to light in relation to a convicted sex offender is

collated at the Sex Offenders Management & Intelligence Unit and the nominated

Divisional Inspector is notified through the relevant Divisional Officer.

14.4. Following receipt of the notification of conviction, a copy of the Garda investigation

report is sought by the Sex Offenders Intelligence Unit, which is then filed with the

offender’s details.

14.5. Each convicted sex offender is recorded on the PULSE system in accordance with

HQ.81/09. When a member accesses a Person’s PULSE details a warning is

highlighted indicating that the person is subject to the Act, the dates on which he is

subject to the Act and the name of the member attached to D.V.S.A.I.U. who issued

the warning. The member accessing PULSE can then contact D.V.S.A.I.U. for further

information.

14.6. Where a convicted sex offender commits an offence under the 2001 Act, proceedings

should be brought without delay by way of arrest, where such a power exists.

14.7. Where a convicted sex offender commits such an offence and her/his whereabouts are

unknown this should be brought to the attention of the Sex Offenders Management &

Intelligence Unit and the unit will arrange for the issue and circulation of a Criminal

Intelligence Bulletin throughout the State.

14.8. Where it is believed that a sex offender has left or is leaving the jurisdiction, the

appropriate notifications are issued by the Sex Offenders Management & Intelligence

Unit through Detective Superintendent, Liaison & Protection.

15. Duties of members relating to the Sex Offenders Act 2001

15.1. The role of An Garda Síochána in relation to the obligations of convicted Sex

Offenders is clearly outlined in the Sex Offenders Act 2001 and H.Q. Directive

167/01.

15.2. The 2001 Act was signed into law on the 30th of June 2001 and commenced on the

27th of September 2001. Part 2 of the 2001 Act sets out the notification requirements

of a person who has obligations under that Act. Within seven days of becoming

subject to the notification requirements of Part 2, an Offender must, either by

personal attendance at a Garda Síochána station which is a District or Divisional

Headquarters, or, by written notice (post) to such a station, notify her/his name, date

of birth and home address to An Garda Síochána.

15.3. Thereafter an Offender must, within seven days of the event, notify An Garda

Síochána of any subsequent changes to her/his name or address and any other address

at which s/he spends a qualifying period (defined as seven days or more or two or

more periods which taken in any 12 month period amounts to seven days or more).

15.4. If an Offender wishes to leave the State for an intended period of seven days or more

at a time, s/he must notify An Garda Síochána of that intention, in advance of leaving,

and state the address at which s/he is staying outside the State, if known. Provision is

also made for the Offender who leaves the State not intending to remain outside the

State for seven days or more who in fact remains outside the State for seven days or

more.

15.5. An Offender need not notify at her/his local Garda Station, nor is there any

requirement for the Offender to volunteer additional information, e.g. offence details,

evidence of identity etc., regardless of whether the Offender opts for the postal

notification procedure or calls in person to a Garda Síochána Station.

15.6. An Offender, who is otherwise subject to the notification requirements of Part 2, is

not subject to such requirements when s/he is remanded in custody, serving a

sentence in prison or on temporary release. See Section 10 of the 2001 Act.

15.7. Section 12 of the 2001 Act relates to an offence in connection with notification

requirements which by virtue of Section 13 of the Criminal Law (Human

Trafficking) Act 2008 is an arrestable offence.

15.8. The period for which persons are subject to the requirements of the Act are contained

within Section 8 of the Act of 2001.

15.9. Section 16 of the 2001 Act allows for the obtaining of a Sex Offender Order which

shall contain prohibitions on the Offender from doing a thing or things as the Court

considers necessary for the purpose of protecting the public from serious harm from

the Offender. The Order is obtained on foot of application to the Circuit Court by a

member of An Garda Síochána not below the rank of Chief Superintendent and

remains in force until the expiration of a period of five years from the date of

notification of its making being given to the Offender or such longer period as the

Court may provide for in the Order.

15.10. Two criteria must be satisfied before an Order can be made. First the Offender must

have been convicted of a qualifying sexual offence and second, the Offender must

have acted in such a way as to give the Court reasonable grounds for believing that an

Order is necessary to protect the public from serious harm.

15.11. Breach of the terms of a Sex Offender Order is an arrestable offence under Section 22

of the 2001 Act.

15.12. Section 26 of the Sex Offenders Act 2001 places an obligation on the Offender to

inform employers of her/his sexual offence convictions, if a necessary and regular

part of the employment consists mainly of unsupervised access to or contact with

children or mentally impaired persons. Failure to do so is an arrestable offence.

15.13. It is essential that all members having any interaction with, or information

concerning, convicted sex offenders (whether or not currently subject to the

2001 Act) make a detailed report of such interaction or information for the

immediate attention of the Sex Offenders Management & Intelligence Unit

through the relevant nominated Divisional Inspector.

16. Role of Nominated Divisional Inspector – Sex Offenders.

16.1. In accordance with HQ.167/01 a Garda Inspector will be nominated in each Division

to oversee the implementation of the 2001 Act (as amended).

16.2. Those Divisional Inspectors will ensure that:

All sex offenders are aware of the requirements placed on them by the Act and remain fully compliant with the Act;

Up-to-date information is maintained in respect of each offender;

Offenders are visited as required;

Reports are submitted and records updated following such visits;

The movements of offenders are monitored;

Intelligence in respect of offenders is recorded on PULSE;

PULSE records in respect of each offender are accurate and maintained to the highest standard;

Returns are made on a regular basis in respect of each offender to the D.V.S.A.I.U.;

Any changes in appearance, vehicle use/possession, associations and any other relevant information are reported to D.V.S.A.I.U. forthwith;

Breaches of the Act are fully investigated;

A report is submitted, where deemed appropriate, to the Divisional Officer recommending that an application be made for a Sex Offender Order in accordance with Section 16 of the 2001 Act.

A report is submitted on the 30th June and 31st December each year for the attention of the Divisional Officer clearly outlining the current status of each offender in the Division. The report will certify that all offenders are compliant with their obligations and that risk management plans are in place in respect of each offender. A copy of these reports will be submitted for the information of Detective Chief Superintendent, National Bureau of Criminal Investigation.

16.3. Each Divisional Officer will ensure that the nominated Divisional Inspector has

adequate resources available to comply with her/his obligations as set out at 16.2

above.

17. Risk Assessment of persons subject to the 2001 Act.

17.1. Members of An Garda Síochána throughout the State have been trained in the use of

Risk Matrix 2000 (RM2000). RM2000 is a statistically-derived risk classification

process intended for males aged at least 18 who have been convicted of a sex offence.

17.2. Divisional Officers should ensure that the appropriate number of members are trained

in RM2000 to undertake the risk assessment of those persons residing in their

Divisions who are subject to the requirements of the 2001 Act. The Divisional

Inspectors with responsibility for monitoring persons subject to the requirements of

the 2001 Act should be in possession of an up to date list of such individuals.

17.3. Members who are not trained in RM2000 should not be engaged in risk assessment.

17.4. The above should be read in conjunction with HQ Directives 167/01, 107/08, 20/09

and 81/09.

17.5. The Sex Offenders Management & Intelligence Unit maintains a record of all persons

who are subject to the requirements of the 2001 Act. All relevant information is

forwarded to the nominated Divisional Inspector in whose area each offender resides.

The Sex Offenders Management & Intelligence Unit can be of assistance in providing

an up to date list of such persons if requested.

17.6. When the risk assessment has been completed the original RM2000 form will be

forwarded without delay to the relevant nominated Divisional Inspector. The

Divisional Inspector will in turn forward same to Detective Chief Superintendent,

National Bureau of Criminal Investigation, who will arrange for the relevant file to be

updated and an accurate record maintained of same. The nominated Divisional

Inspector and the member conducting the assessment will each retain a copy of the

completed RM2000 form.

17.7. Divisional Inspectors will actively monitor the sex offenders in their respective

Divisions and put in place a plan aimed at managing the risk posed by such offenders.

The plan should reflect the category of risk attached to the offender i.e. Low,

Medium, High or Very High. The plan should include, but not be confined to, the

following actions:

Suspects should be visited as deemed appropriate for their level of risk. Visits to such offenders should be made at least:

Once per month for High and Very High Risk Offenders;

Once per quarter for Medium Risk Offenders;

Twice per annum for Low Risk.

Members will ensure that offenders are complying with their obligations under the Act.

All offender records, including PULSE will be maintained and updated as appropriate.

An up-to-date photograph should be obtained from the offender with written consent.

Any changes to family, lifestyle or social circumstances which cause concern should be noted and acted upon immediately.

An application for a Sex Offender Order pursuant to Section 16 of the Act should be made when deemed appropriate.

Members will be mindful of the provisions of the Children First (2009) guidelines at all times.

Where an offender is subject to post-release supervision by the Probation Service, contact should be maintained with the relevant Probation Service personnel.

17.8. Research shows that a high percentage of sex offenders go on to re-offend and

members must understand that Low Risk does not mean No Risk. The actions

outlined above have been introduced for the protection of the public and should not

be read as the definitive action which should be taken in every case. Appropriate and

proportionate action must be taken for the protection of the public, being mindful of

the rights of the offender.

17.9. Bearing in mind the Data Protection Acts 1988 and 2003 and the advice of the

Attorney General outlined in HQ.161/99, Gardaí are not at liberty to disclose details

relating to names, addresses, convictions etc. of convicted sex offenders, except in

accordance with Children First guidelines and then only on referral to the HSE via the

District Officer. Such disclosure may increase the risk of re-offending due to the

stress caused to the offender, make the management of that risk more difficult and