Best Practice in Offender

Management Ireland

CEPOL

3RD DECEMBER 2019

DETECTIVE SERGEANT GERALDINE HEARNE

AN GARDA SIOCHANA
An Garda Siochana

Irish Courts
Serv ice

Irish Prison
TUSLA
Serv ice

SOMIU

Other Law
Enforcement Probation
Agencies
Sex Offenders Act 2001

Section 7 -

When an offender is CONVICTED of a

Scheduled offence - subject to the
requirements of the Sex Offenders Act
2001
 Section 8 – Length of time subject

Length Period Time subject if

of Sentence of time under 18 Years at
time of sentence
Over 2 years Indefinite Indefinite

6 months – 10 years 5 years

2 years
Under 6 7 years 3.5 years
months
Suspended or 5 years 2.5 years
otherwise dealt
with
 Section 10 –
Notification Requirements

• GIVEN TO ANY DISTRICT H.Q.

• TO ANY MEMBER OF AGS

CAN BE GIVEN IN WRITING OR
PERSONAL ATTENDANCE
 Section 10 –
Notification Requirements
 Notify, within 7 days of being convicted or released
from prison, to:
 Personal attendance or written notification to An
Garda Síochána

 Notify name, date of birth and current address

 Must also notify An Garda Siochana if:
 Change of name or uses other name
 Change of address
 Travelling abroad for more than 7 days
(cumulative 12 months)
 Section 12 – Offences

 A person guilty of an offence under this

section shall be liable—

 on summary conviction, to a fine not

exceeding €5,000, or imprisonment for a
term not exceeding 12 months, or both,

 or on conviction on indictment to a fine

not exceeding €10,000, or imprisonment
for a term not exceeding 5 years, or both
 Management of Offenders

 Nominated Divisional Inspector – Nominates Member

 Risk Assessment – Risk Matrix 2000 Stable & Acute 2007
 Sex Offender Data Sheet – Update Pulse with info
 Regular Visits
 Notify TUSLA upon conviction AND any change of address
 Regular Meetings between Agencies or SORAM
SORAM - Structure

National SORAM ▪Meets every quarter

Steering Group ▪Governs the National SORAM Office
▪Includes reps from Irish Prison Service, Tusla Cosc and Victims

National SORAM ▪Opened October 2013

Office ▪5 Partner Agencies – AGS, Probation, Tusla, Housing, IPS
▪Development of policy/ procedures/ oversight of LSTs

Local SORAM ▪4 Partner Agencies

Teams ▪Develop individual risk assessment management plan for each
offender in local SORAM team.

10
11
 Intelligence

 How They Present

 Home
 Daily Routine
 Relationships
 Hobbies
 Issues
 Any intel of note – Forward report
to SOMIU
 Travelling Sex Offenders –
Exiting Ireland

▪ If travelling abroad from more than 7 days

▪ Interpol
▪ Cert of conviction / sentence
▪ Photograph / Fingerprints / DNA
▪ Background info on offending
▪ Length of time subject to SOA’01
▪ Address where staying
▪ Travel / flight details
▪ Passport details (if known)
▪ Risk Assessment level
 Transient /
Homeless Sex Offenders
▪ Homelessness
▪ Difficult to manage these cases as
may have other issues apart from
homelessness i.e. Substance abuse,
mental health etc
▪ Street Homeless
Section 11 Sex Offender Act 2001
Discharge from Obligations

 Must be subject indefinite

 Apply after 10 years Civil
Circuit Court
 Notify District Officer – ordinarily
resident
 “interest of the common good
would no longer be served”
 Section 16 –
Sex Offenders Orders

 Civil Court Order against a convicted sex offender

whose behaviour gives cause for concern that
he/she poses a serious harm to the public
 Applied for by a Chief Superintendent
 The order will be in negative or prohibitive terms. i.e
the court cannot compel an offender to do
something only NOT to do certain things
 Last Minimum 5 years – Power of Arrest if he fails to
comply
 Section 16
Sex Offender Order
 Application is made Ex Parte,

 Report forwarded to Chief States Solicitors Office,

 Affidavit is prepared by Chief State Solicitor,

 Affidavit is signed by Chief Superintendent and

witnessed by Chief State Solicitor,

 Application is heard in the Circuit Civil Court Chief

Superintendent may be required to give evidence,

 Order Granted – Section 16 Order comes into effect

when served upon the sex offender .
 Sex Offenders
(Amendment) Bill 2018
3 days
 Disclosure
 Media
 Tagging
 Annual Registration
Sex Offender Management &
Intelligence Unit

Detective Sergeant Geraldine

Hearne

 geraldine.m.hearne@garda.ie
 Office Email: somiu@garda.ie