Written answers

Tuesday, 23 April 2013

Department of Justice and Equality

Proposed Legislation

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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466. To ask the Minister for Justice and Equality if he will provide details of the convictions that will be dealt with under the Criminal Justice (Spent Convictions) Bill 2012; and if he will make a statement on the matter. [18229/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Spent Convictions) Bill 2012, which is currently awaiting Report Stage in the Dáil, provides that all convictions except those that result in the imposition of an "excluded sentence" are capable of becoming spent. The sentences that can never become spent under the Bill are: (1) a sentence of imprisonment of more than 12 months (except in the case of a sentence of up to 24 months which is fully suspended and the suspension is not subsequently revoked in whole or in part); (2) a sentence imposed for an offence that is reserved for trial by the Central Criminal Court; and (3) a sentence imposed for a sexual offence.

A maximum of 2 convictions may become spent under the Bill. However, where a person is convicted of more than one offence at a single court sitting, the convictions may be treated as one conviction for the purpose of this limit. There are a number of situations where the provisions of the Bill do not apply and a person will still have to disclose all convictions. These include where the person wishes to work with children or vulnerable persons, work in certain positions in the civil and public service, or apply for certain licences.

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