Written answers

Wednesday, 25 January 2006

Department of Justice, Equality and Law Reform

Criminal Records

8:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 1168: To ask the Minister for Justice, Equality and Law Reform his proposals to put a limit on the length of time the record of a criminal conviction in the District Court is held in District Court records and available to any member of the public, where the convicted person does not reoffend over many years; and if he will make a statement on the matter. [1779/06]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 1169: To ask the Minister for Justice, Equality and Law Reform his proposals to put a limit on the length of time the record of a criminal conviction in the District Court is held by the Garda Síochána where the convicted person does not reoffend over many years; and if he will make a statement on the matter. [1780/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to answer Questions Nos. 1168 and 1169 together.

As the Deputy will be aware, a criminal conviction reflects a verdict of the courts. There is currently no provision for expunging a criminal conviction from either court or Garda records. With the introduction of the Children Act 2001, provision was made for a limited "wiping of the slate" in respect of most offences committed by persons under 18 once certain conditions have been met. This provision, which came into operation on 1 May 2002, limits as far as possible the effects of a finding of guilt, where those conditions have been met, by treating the person for all purposes in law as a person who has not committed, been charged with, prosecuted for, found guilty or dealt with for an offence.

The Law Reform Commission, LRC, as part of its second programme for the period 2000-07 proposes to consider the longevity of criminal records and the expunging of certain offences. I understand that the LRC intends to prepare a consultation paper examining the issues surrounding the matter of spent convictions. I will consider any recommendations the commission may make on the matter.

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