Man challenges sex-offender law as High Court reserves decision

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court reserved its decision on 17 March 2015 in an unnamed man’s challenge to the constitutionality of provisions of the 2001 Sex Offenders Act. Mr Justice Donald Binchy reserved judgment after submissions concluded on the third day of the hearing. The proceedings were reported on 18 March 2015.

The man cannot be identified by court order. He admitted raping his nephew. The report said he had served a prison sentence more than a decade earlier. He was 13 when he committed the offence and was charged and convicted of rape after turning 18.

He had initially been placed on a course for young sex offenders but failed to complete it because of his chaotic and troubled life. The report said he was charged because he did not complete the course. He was classified as a sex offender on conviction.

The Act requires him to notify gardaí of any address change within seven days. Failure without reasonable excuse is an offence. The notification requirement is indefinite but can be reviewed after ten years.

In 2012, he was charged under Section 12 with allegedly failing to notify gardaí of a change of address. He said he believed he had given gardaí the relevant information concerning his location.

In proceedings against Ireland and the Attorney General, his lawyers argued that Section 12 was vague and uncertain, did not define reasonable excuse and did not explain what account would suffice to avoid prosecution.

He also challenged other provisions as disproportionate and sought declarations that provisions breached the Constitution and an article of the European Convention. The State opposed the application and rejected the constitutional claims. The DPP and the Irish Human Rights Commission were notice parties.