Dáil debates

Wednesday, 27 January 2016

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage

 

2:00 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 3, line 27, to delete "by a court" and substitute "by a court, other than the District Court".

The purpose of these amendments is to allow that excluded sentences under the spent convictions regime will not exclude sentences in the District Court. Amendment No. 7 will ensure that on those relatively rare occasions on which the District Court imposes consecutive sentences, which will become less rare following the introduction of new legislation on burglary, where the total sentence exceeds 12 months' imprisonment, the consecutive sentence of the District Court will not trigger the sentence becoming an excluded sentence.

Amendment No. 34 provides that where a District Court conviction is appealed to the Circuit Court and confirmed by that court, it remains a District Court conviction for the purposes of this Bill.

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