Seanad debates

Tuesday, 5 February 2013

Criminal Justice (Spent Convictions) Bill 2012: Report Stage

 

5:25 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 3:


In page 4, to delete lines 2 to 38 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 in respect of the offence 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,
(c) a sentence of imprisonment for a term of 48 months or less, the execution of a part of which is suspended 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 in 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 part by the court;?relevant non-custodial sentence? in relation to a person convicted of an offence means a sentence imposed by a court on the person in respect of an offence that is not a custodial sentence and is not in addition to a custodial sentence and includes
?(a) 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
and that suspension is not subsequently revoked in whole or in part by the court,?.

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