Spent convictions bill?

McNulty737

I had read something recently about this being introduced in Ireland this year but haven't been able to find any up to date information.

Anyone know what the latest information is?

ResearchWill

This may help you, http://www.oireachtas.ie/viewdoc.asp?DocID=17920&&CatID=59&StartDate=01%20January%202011&OrderAscending=0

Molloys Clondalkin

Wow I remember asking Enda Kenny to introduce something like this in 2008 in the penny hill in Lucan.

My argument was someone who was convicted of say a minor offence like traffic was stigmatised for life they couldnt get a job as say a firefighter or in security if they had no tax on thier car etc.

dvpower

This bill is back on the table.

http://www.rte.ie/news/2012/0504/bill-for-removal-of-certain-criminal-convictions.html

murrayp4

Long overdue imho....

DERPY HOOFS

The Criminal Justice Spent Convictions Bill applies to custodial sentences of one year or less, as well as a range of other non-custodial convictions.

It allows for a conviction to be declared spent as long as the offender does not commit any further crime for a period of between three and seven years.

This bill is, according to the Minister for Justice, designed to help those who no longer commit crime by helping them to get work.

It only applies to offenders sentenced to 12 months or less, or to lesser penalties such as fines or community service.

The offender must remain conviction-free for three years after a small fine, or seven years if he or she has served a one-year jail sentence.

Sexual offences, as well as those to be tried by the Central Criminal Court, are excluded. No more than two convictions per person may become spent.

A range of employments, including those relating to the security of the State, the administration of justice and other sensitive positions, are excluded and a person will have to disclose their convictions when applying for certain licences, such as those for taxis and private security.

This sounds good.Do you have to do anything i mean if you have a company doing a security check will they be able to see you did time or is it deleted off the record.I got a 9mth sentence and spent it in Mount Joy..For a 1st offence and its been 10yrs and i have not reoffended.I know of a security job i could get but i dont want them knowing i was in trouble when i was young.

charlemont

This will benefit me too so I'm glad to hear about it.

ResearchWill

DERPY HOOFS wrote: »

This sounds good.Do you have to do anything i mean if you have a company doing a security check will they be able to see you did time or is it deleted off the record.I got a 9mth sentence and spent it in Mount Joy..For a 1st offence and its been 10yrs and i have not reoffended.I know of a security job i could get but i dont want them knowing i was in trouble when i was young.

Section 10 of the bill deals with certain license applications that the bill will not cover. Security license is one that you will still be required to give details of previous convictions. The bill is here http://www.oireachtas.ie/documents/bills28/bills/2012/3412/b34112s.pdf

rick_fantastic

Does this mean that when applying for visa's and such for America / Australia that one would not have to disclose criminal convictions if they are considered spent?

I don't see anything in the bill related to this.

ResearchWill

rick_fantastic wrote: »

Does this mean that when applying for visa's and such for America / Australia that one would not have to disclose criminal convictions if they are considered spent?

I don't see anything in the bill related to this.

The bill can not deal with that as it is a matter for US or Australina law. The law of the USA does not recognise either the ROA or spent convictions Acts.

http://www.usembassy.org.uk/visaservices/?p=136

So if a person has a spent conviction same must be declared and the person is a visa required national.

In relation to rehabilition of offenders as our act (probation of offenders act 1907) allows the matter to be struck out even after conviction, I don't think the UK act (rehabilition of offenders act 1974) allows the same so if someone in Ireland gets section 1 as 1 (i) of the act it may not have to be disclosed as in effect the matter is struck out. http://www.probation.ie/pws/websitepublishing.nsf/attachmentsbytitle/Probation+of+Offenders+Act+1907/$file/Probation+of+Offenders+Act+1907.pdf

Australia seems to allow spent convictions and once no more offending in 10 years and less than 30 months given the it's spent.

http://www.australia-migration.com/page/Spent_Convictions/14

BornToKill

rick_fantastic wrote: »

Does this mean that when applying for visa's and such for America / Australia that one would not have to disclose criminal convictions if they are considered spent?

I don't see anything in the bill related to this.

It's addressed in section 8.

rick_fantastic

but if a conviction is considered spent and will then by default not show up on a criminal record check, then how will the US Visa service be able to find out this information?

for example, if a person has been convicted of an offence, for example 10 years ago and has not applied or tried to travel to the USA then in theory they can travel without declaring this conviction.

Does the USA have some sort of arrangement where they can check information that is not meant to be discoverable?

Seen post.....

8.—A person who has a conviction which is, in accordance with
this Act, regarded as a spent conviction, shall not be entitled to
regard any question put to him or her seeking information in relation
to his or her previous convictions as not applying to the spent conviction where—
(a) he or she is in a state, other than the State, and the information is sought pursuant to the exercise of the jurisdiction of the law of that state, or
(b) he or she is within the State but the information sought
relates to a matter being dealt with pursuant to the law
of a state other than the State

So in fact, this would mean that this would fall outside irish law and US Visa service could find out this information?

celticcrash

What about people who have convictions from over 20 years ago and have a clean slate since.
I know a lot of fellas who had got into trouble when they were young. Over one year in prison. But over 20 years later with clean slates they cant apply for a lot of jobs and cant even holiday in certain countrys.

tiredofthis

We are all used to misinformation/misdirection from the Government, but it's carrying contempt too far to tell outright lies about what is in legislation they are putting through the Dail.

If you look at the Justice website (justice.ie) you will find a Press Release (4th May) on the Spent Convictions Bill
http://www.justice.ie/en/JELR/Pages/PR12000128

This contains the statement
"Sexual offences and offences that fall to be tried by the Central Criminal Court are excluded from the purview of the Bill."

If you look at the Bill which is also on the Justice website,
http://www.justice.ie/en/JELR/Pages/PB12000129

you find that a number of offences which are currently sex offences under the Criminal Law (Sexual Offences) Act 2006 are not sexual offences for the purposes of the new Bill. Sex assault, indecent assault etc are not sex offences under the Bill. They are treated in the same way as burglary or theft and can become spent convictions if the offender was sentenced to less than a year in jail.

Some sex offences against children are also included. The strangest thing is that defilement of a child under 17 by a person more than 24 months older than the child is not a sex offence. Procuring or inciting the defilement of that child, conspiracy to defile that child where the offender is more than 24 months older than the child - none of those is a sexual offence.

Whatever you think about spent convictions and the rights of offenders, including sex offenders, it's totally corrupt for the Government to publish a Press Release which tells a direct lie about what is in the Bill. The newspapers have published stories based on the Press Release, so there is no debate about the issue. If they know best, let them say that.

I would love to see public debate on this issue.