Oireachtas Joint and Select Committees

Wednesday, 20 March 2013

Select Committee on Justice, Defence and Equality

Criminal Justice (Spent Convictions) Bill 2012: Committee Stage

2:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I move amendment No. 3:


In page 4, subsection (1), to delete lines 2 to 30 and substitute the following:
““relevant custodial sentence”, in relation to a person convicted of an offence, means a sentence or sentences of imprisonment for a term of 48 months or less imposed by a court on the person in respect of the offence (whether or not a fine is also imposed on the person in respect of the offence) and includes—
(a) a sentence that is imposed concurrently with another sentence or sentences of imprisonment provided that the longer, or the longest, of the sentences is 48 months or less,
(b) a sentence that is imposed consecutively with another sentence or sentences of imprisonment provided that the total period of imprisonment is 48 months or less,
(c) a sentence of imprisonment for a term of 48 months or less, the execution of a part of which is suspended for a period specified by the court,
(d) a sentence of imprisonment for a term of 48 months or less, the execution of a part of which is suspended for a period specified by the court but which suspension is subsequently revoked in whole or part by the court,
(e) a sentence of imprisonment for a term of 48 months or less, the execution of the whole of which is suspended for a period specified by the court but which suspension is subsequently revoked in whole or in part by the court, or
(f) a sentence of imprisonment for a term of 48 months or less which is imposed on the person in relation to the offence following a revocation under section 8 or 11, as the case may be, of the Criminal Justice (Community Service) Act 1983 of a community service order in respect of the offence;”.