Courts / Ireland / Report

Judgement reserved in challenge against Constitutionality of 2001 Sex Offenders Act

Date
2015-03-18
Stage
Charge Or Pretrial

Summary

The High Court has reserved its decision in a challenge brought by an unnamed convicted rapist against the constitutionality of the 2001 Sex Offenders Act. The man, who was 13 when he raped his nephew and later convicted after turning 18, was placed on a special course for young sex offenders but failed to complete it. He was charged in 2012 under Section 12 of the Act for allegedly failing to notify the GardaĆ­ of a change of address within seven days. He argues that Section 12 is vague, that the concept of a reasonable excuse is undefined, and that other provisions of the Act are disproportionate and breach his constitutional rights. The State, the DPP and the Irish Human Rights Commission oppose the application. After the third day of hearing, Mr Justice Donald Binchy reserved his decision.

Who, what, where, when and why

What: Report matter: Judgement reserved in challenge against Constitutionality of 2001 Sex Offenders Act. Charges or matters: an offence under Section 12 of the 2001 Act for allegedly failing to notify the Gardai of a change of his address. Procedural stage: charge_or_pretrial

When:

Why: He failed to complete the course because of the chaotic and troubled life he led. CNI source report

Case subjects

Sex Offenders Act

Accused

Charges: an offence under Section 12 of the 2001 Act for allegedly failing to notify the Gardai of a change of his address (Alleged Or Contested)

Places mentioned

Court Venue
  • The High Court

Topics

Stage Charge Or Pretrial

Read the original CNI report

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