s. 5 (2BD) In sentencing an offender, a court— S. 5(2BD) inserted by (a) must not have regard to the fact that the No. 91/2009 s. 219(Sch. 3 offender is subject to an order made under item 2.2). the Serious Sex Offenders (Detention and Supervision) Act 2009 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions (if any) imposed on that order and the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act; (b) must not have regard to any possibility or likelihood of an application being made under that Act for an order in respect of the offender. S. 5(2BE) (2BE) For the purposes of subsection (2BD)(a), the court inserted by may request the Secretary to the Department of No. 91/2009 s. 219(Sch. 3 Justice to provide it with a report setting out— item 2.2). (a) the conditions of the supervision order or interim supervision order to which the offender is subject under that Act; and (b) the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act in relation to that order. (2C) In sentencing an offender a court may have regard S. 5(2C) inserted by to the conduct of the offender on or in connection No. 60/1993 s. 26, with the trial or hearing as an indication of amended by remorse or lack of remorse on his or her part. Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2).
S. 5(2BD) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2). (2BD) In sentencing an offender, a court— (a) must not have regard to the fact that the offender is subject to an order made under the Serious Sex Offenders (Detention and Supervision) Act 2009 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions (if any) imposed on that order and the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act; (b) must not have regard to any possibility or likelihood of an application being made under that Act for an order in respect of the offender. S. 5(2BE) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2). (2BE) For the purposes of subsection (2BD)(a), the court may request the Secretary to the Department of Justice to provide it with a report setting out— (a) the conditions of the supervision order or interim supervision order to which the offender is subject under that Act; and (b) the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act in relation to that order. S. 5(2C) inserted by No. 60/1993 s. 26, amended by Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2C) In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part. s. 5
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