Tony Killeen (Clare, Fianna Fail)

——they are examining how the services can improve the range of interventions available to offenders, and thereby increase the number of offenders addressing their offending. Their core concern is that any approach proposed should contribute to enhancing societal and community protection.

Another development in this regard is the Minister's recently announced proposal for new statutory sentencing powers by way of amendment to the Criminal Justice Bill 2004. The purpose of these new statutory sentencing powers is to provide a real and practical incentive to offenders to deal with issues giving rise to the offending and to stay away from crime.

These new provisions will, among other things, give a court a statutory power to suspend or partially suspend sentences, other than mandatory sentences, subject to certain conditions. The conditions include a standard condition that the person keeps the peace and is of good behaviour during the period of imprisonment and the period of suspension.

However, the court may also make its order subject to other conditions. For example, an order may include a condition that the person should undergo drug or other substance abuse treatment or a rehabilitation course for sex offenders, or that the person should agree to be subject to the supervision of the probation and welfare service. Breach of the conditions will result in the imposition of the suspended sentence and the sentence for any offence committed while the first sentence was suspended shall be consecutive on the first sentence.

The Sex Offenders Act 2001 provides inter alia for notification requirements in relation to convicted sex offenders. Under that Act, the court has a duty to consider imposition of a sentence involving post-release supervision. This allows for the possibility that during a specified period — the supervision period — which commences on the date of the offender's release from prison the offender is under the supervision of a probation and welfare officer and is required to comply with such conditions as are specified in the sentence for securing that supervision.

Conditions may include the requirement that the offender receive psychological counselling or other appropriate treatment provided by the probation and welfare service or any other body which it appears to the court, having regard to any submissions made to it on behalf of the probation and welfare service, is an appropriate body to provide such counselling or treatment.

The Minister and his Department keep the provisions of the Sex Offenders Act 2001 under regular review with a view to ensuring they operate in a satisfactory manner.

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