Sexual offences legislation brought in by the Manx government in March do cover breaches of a Sexual Offences Prevention Order (SOPO) after all.
It was claimed in court last month that the new law could mean there is no ability to prosecute sex offenders who breach their orders.
But the Department of Home Affairs has now confirmed that this is not the case.
A hearing was held in front of High Bailiff James Brooks on Tuesday this week to look at the issue which was first highlighted in the magistrates court on September 19.
Matthew John George Williams had previously pleaded guilty to three breaches of his SOPO.
However, two of the breaches were committed after the new legislation was introduced.
Clerk to the justices, Rebecca Cubbon, said that there may be a legal abnormality, and concerns that the legislation did not actually cater for a breach of a Sexual Offences Prevention Order, and how the breach would be punished.
It appeared that Williams’s guilty pleas to breaches which were committed on May 28 and June 1, after the March legislation came into force, may have to be vacated.
He was jailed for three years and three months in September 2021 after admitting an indecent assault on a 12-year-old girl, as well as being involved in importing more than £60,000 worth of cannabis to the island.
Defence advocate Stephen Wood said that there was a potential enormity of this in relation to previously imposed SOPOs, as there may be no ability to prosecute for breaches.
The advocate said that previous offenders may be able to hang around school gates without any action now, and it was a matter of public interest that needed to be sorted out.
But a spokesperson for the DHA said this week: ‘I’ve been informed that there is provision to prosecute – so would expect this case to come back for sentencing on the breach.’