Probation and Spent convictions

pillphil

Just a few things I've been wondering about. I was in court in 2005 for theft, I was put on probation. I'd always assumed I got a conviction for this, but what I've been reading seems to say otherwise?
Do I have to declare this when I'm asked by a prospective employer?
Does this incident count as one of the two allowed by the spent convictions act?
Do penalty points count as one of the two?

Cheers

carzony

Penalty point don't count as a conviction and neither does probation, So as far as I know you don't have any convictions..

murrayp4

There are currently no 'spent convictions' in Irish law, there is a Bill for same but it's not been enacted.

pillphil

Thanks, I know it doesn't exist yet, I'm just thinking about the future.

NoQuarter

It depends of the exact provision of the probation act you were given the benefit of. One carries a conviction and one doesn't. Its likely you weren't convicted but check with your solicitor if you had one.

V.W.L 11

will this bill ever become law fast!!!!!!!

Bepolite

V.W.L 11 wrote: »

will this bill ever become law fast!!!!!!!

No

V.W.L 11

Bepolite wrote: »

No

eh why???????

Bepolite

More votes in other areas.

Holsten

pillphil wrote: »

Just a few things I've been wondering about. I was in court in 2005 for theft, I was put on probation. I'd always assumed I got a conviction for this, but what I've been reading seems to say otherwise?
Do I have to declare this when I'm asked by a prospective employer?
Does this incident count as one of the two allowed by the spent convictions act?
Do penalty points count as one of the two?

Cheers

If you were convicted of the crime and were given the probation act you have no conviction, if however you were given a suspended sentence then you DO have a conviction.

No you are not legally obliged to declare any convictions, it's up to you.

Depends, would need more info, but the Spent Convictions bill hasn't become law yet.

V.W.L 11

Holsten wrote: »

If you were convicted of the crime and were given the probation act you have no conviction, if however you were given a suspended sentence then you DO have a conviction.

No you are not legally obliged to declare any convictions, it's up to you.

Depends, would need more info, but the Spent Convictions bill hasn't become law yet.

certain jobs requiring declaration of convictions but would convictions over 5 years old go against you as much???most likely i imagine

Holsten

Which jobs?

V.W.L 11

Holsten wrote: »

Which jobs?

vulnerable,old and young people

Holsten

In which case one would be Garda Vetted anyway and any convictions will be known.

V.W.L 11

Holsten wrote: »

In which case one would be Garda Vetted anyway and any convictions will be known.

including any UNSUCCESSFUL prosecutions

Pro Hoc Vice

Holsten wrote: »

If you were convicted of the crime and were given the probation act you have no conviction, if however you were given a suspended sentence then you DO have a conviction.

No you are not legally obliged to declare any convictions, it's up to you.

Depends, would need more info, but the Spent Convictions bill hasn't become law yet.

That depends totally on the section of the Act, in most cases it is section 1 (1) (i) in that case there is no conviction, but if it is section 1 (1) (ii) there is.

(i) dismissing the information or charge; or
(ii) discharging the offender conditionally on
his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.

The Act can be found here http://www.probation.ie/pws/websitepublishing.nsf/attachmentsbytitle/Probation+of+Offenders+Act+1907/$file/Probation+of+Offenders+Act+1907.pdf

As you can see the first one even after a finding of guilt the charge is dismissed but the second is a conditional discharge.

NoQuarter

infosys wrote: »

That depends totally on the section of the Act, in most cases it is section 1 (1) (i) in that case there is no conviction, but if it is section 1 (1) (ii) there is.

Beat me to it!

V.W.L 11

Irish Penal Reform Trust hold most of the answers i discovered