Not previously convicted??

the locust

I was wondering if any legal whizz kids could explain to me 'and not previously convicted'

An arrestable offence (i.e. indictable) mean an offence for which a person of full capacity and 'not previously convicted?'

Does this mean that someone who was convicted of assault cant be convicted again?
seeking clarification

Our man in Havana

Does this mean that someone who was convicted of assault cant be convicted again?

If it is a different assualt, well yes they can.

Tom Young

Is the "not previously convicted" part of the above causing the confusion? In general terms "no previous" means just that, the person is 'clean' as such.

An accused can be charged with or indeed convicted for assault on more than one occasion but there are particular circumstances where the law will look at the trial of offences and ensure a person is not convicted or tried for the same offence twice, but its generally the same set of circumstances and charge rather than something different.

dermot_sheehan

What it means is an offence is arrestable under s. 4 of the criminal law act only if it carries 5 years for an adult first time offender. Some offences carry harsher penalties for second or subsequent convictions, what this provision means is that an offence which carries 5 years for the first time is arrestable, an offence which only carries 5 years or more for someone convicted of it a second or subsequent time is not arrestable under section 4.

It doesn't matter how many previous convictions the person actually being arrested has, its only a manner in which to describe offences that are arrestable.

Tom Young

*1984 CL Act?*

dermot_sheehan

1997 criminal law act section 4 thereof defines arrestable offences for which any person (or gardai) may arrest

Tom Young

Yeah, sorry. I get the 1997 and CJ 1984 confused quite a bit. Arrest v Detention.