Citizens' Information Spent Conviction Information Wrong?

usernamegoes · 06-09-2022 10:16pm #1

Was talking with a friend about the Spent Convictions Act and he mentioned it only applies to the District Court. I was adamant it included some circuit court convictions too. He pulled up the Citizens' Information site which shut me up.

It says:

The following convictions become spent after 7 years as long as you have complied with the sentence or order imposed:

All convictions in the District Court for motoring offences except for convictions for dangerous driving which are limited to a single conviction
All convictions in the District Court for minor public order offences
A single conviction (other than a motoring or public order offence) in the District Court which resulted in a term of prison term of 12 months or less (or a fine)

However, when I got home I decided to double check because I was pretty sure. The Act says applies to sentences other than excluded sentences which it defines as:

“excluded sentence” means a sentence imposed by a court, other than the District Court —

(a) of imprisonment for a term of more than 12 months unless it is a sentence specified in paragraph (a) of the definition of “ non-custodial sentence”,

(b) for an offence that is reserved by law to be tried by the Central Criminal Court, or

(c) for a sexual offence;

To me this clearly applies to circuit court convictions of less than 12 months and non-custodial convictions.

Am I missing something?

Hobgoblin11 · 06-09-2022 10:49pm

https://www.boards.ie/discussion/2058262274/citizens-information-spent-conviction-information-wrong

considering district court rulings can be altered in the circuit court by way of an appeal thereby imposing a new sentence i cant see how its possible to restrict the act to district courts

GM228 · 06-09-2022 11:09pm

CI is wrong.

A DC conviction appealed to the CC and affirmed or varied is also covered as is a conviction from the CC where the person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months or a fine.

Citizens' Information Spent Conviction Information Wrong?

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