Seanad debates
Wednesday, 30 January 2013
Criminal Justice (Spent Convictions) Bill 2012: Committee Stage
In page 17, before Schedule 2, to insert the following new Schedule:
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SCHEDULE 2PART 1Relevant Custodial Sentences
Reference number (1)Sentence imposed (2)Duration of relevant period (3)1. Term of imprisonment of 6 months or less.4 years2. Term of imprisonment of 12 months or less but more than 6 months.5 years3. Term of imprisonment of 6 months or less which is suspended in whole but which suspension is subsequently revoked resulting in any period of imprisonment.4 years4. Term of imprisonment of 12 months or less but more than 6 months which is suspended in whole but which suspension is subsequently revoked resulting in any period of imprisonment.5 years5. Term of imprisonment of 6 months or less which is suspended in part.4 years6. Term of imprisonment of 12 months or less but more than 6 months which is suspended in part.5 years7. Term of imprisonment imposed in one or more consecutive sentences not exceeding 6 months in total.4 years8. Term of imprisonment imposed in one or more consecutive sentences not exceeding 12 months but more than 6 months in total.5 years9. Term of imprisonment imposed in one or more concurrent sentences, the longer or longest of which does not exceed 6 months.4 years10. Term of imprisonment imposed in one or more concurrent sentences, the longer or longest of which does not exceed 12 months but is more than 6 months.5 years11. Term of imprisonment of 6 months or less where community service order is revoked.4 years12. Term of imprisonment of 12 months or less but more than 6 months where community service order is revoked.5 years13. Fine and any of the sentences mentioned at paragraphs 1 to 12.relevant period that applies to the custodial part of the sentence concerned
PART 2Relevant Non-Custodial Sentences
Reference number (1)Sentence imposed (2)Duration of relevant period (3)1. Term of imprisonment of 12 months or less which is suspended for a specified period and which suspension is not subsequently revoked in whole or in part.3 years or the period of suspension specified by the court, whichever is the longer2. Term of imprisonment of 2 years or less but more than 12 months which is suspended for a specified period and which suspension is not subsequently revoked in whole or in part.4 years or the period of suspension specified by the court, whichever is the longer3. Fine not exceeding the maximum amount that can be imposed as a Class A fine.2 years4. Fine exceeding the maximum amount that can be imposed as a Class A fine.3 years5. Community service order imposed on a person as an alternative to a sentence of imprisonment for a term of 12 months or less considered by the court at the time of the making of the order which? (a) is not subsequently revoked by the court, or (b) if revoked, is not replaced by a custodial sentence.2 years6. Community service order imposed on a person as an alternative to a sentence of imprisonment for a term of more than 12 months considered by the court at the time of the making of the order which? (a) is not subsequently revoked by the court, or (b) if revoked, is not replaced by a custodial sentence.3 years7. Any other relevant non-custodial sentence.2 years
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