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Probation of Offenders

  • 26-03-2006 7:42pm
    #1
    AndyWarhol
    Closed Accounts Posts: 223 ✭✭


    What's the deal with this? Do you get a criminal record? What about your arrest record? Can you still get in to the USA? Can you join the Gardai/Defence Forces? My friend got arrested for being drunk and disorderly (outside a night club) and had to go to court. He wasn't fined but I think he plead guilty. He should have plead not guilty I think cos it wasn't that bad (shouting and roaring at randomers) - he just pissed off the garda.


Comments

  • #2
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    AndyWarhol wrote:
    What's the deal with this? Do you get a criminal record? What about your arrest record? Can you still get in to the USA? Can you join the Gardai/Defence Forces? My friend got arrested for being drunk and disorderly (outside a night club) and had to go to court. He wasn't fined but I think he plead guilty. He should have plead not guilty I think cos it wasn't that bad (shouting and roaring at randomers) - he just pissed off the garda.

    Is this a joke? There isn't levels, its either a crime or its not. Its a crime to abuse people on the street. nothing to do with pissing the Garda of but the fact that you state that suggests he was running his mouth off despite being given chances to **** off home.

    Anyhow, on the basis that its a serious question:
    probation Act allows for a person to be officially cautioned by the court without getting a criminal record. it wont effect your chances of Visa, etc and I doubt 1 black mark would be a permanent ban from service but I hope your friend learnt his lesson and is unlikely to repeat.

    As for Garda records, yes it remains on our records and if found guilty again the court will be told that.

    Consider this the older but more expensive version of the new Garda adult caution.


  • #3
    De Deraco
    Registered Users, Registered Users 2 Posts: 441 ✭✭De Deraco


    criminal record gets wiped after a certain amount of time 2 years i think, if he step out of line again though he gets a full criminal record for the past offence and fined for it too. i think


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    De Deraco wrote:
    criminal record gets wiped after a certain amount of time 2 years i think, if he step out of line again though he gets a full criminal record for the past offence and fined for it too. i think
    Be very careful with statements like that. Criminal records are rarely wiped.

    Yes, juvenile offences and offences that are very old may be overlooked, but the record will still be there.

    Also note the distinction between offences (e.g. traffic offences) and crimes (e.g. theft). Different countries have different definitions (in the USA its misdemeanours and felonies)

    Many countries don't get overly upset about offences when it comes to visa applications, but the will for crimes. In the UK, on a job applicaiton, you needn't declare convictions for crimes that carry sentences of up to two years (thats potential sentence, not actual sentence).


  • #5
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    De Deraco wrote:
    criminal record gets wiped after a certain amount of time 2 years i think, if he step out of line again though he gets a full criminal record for the past offence and fined for it too. i think

    What a complete load of ****. Excuse my language but where in the hell did you get this from?????? So multiple convictions are fine provided theres 2 years between them?

    "Yes judge no previous convictions because he has been in jail for the past 3 years" On that basis Gilligan would be able to get probation for his next offence.


  • #6
    Ian147100
    Closed Accounts Posts: 59 ✭✭Ian147100


    Section 1 of the Probation of Offender's Act when applied can act as noting more than a formal warning and does not entail a criminal conviction. Another subsection of section 1 allows the accused to be made subject to a probabtion bond but again no conviction is entered, both subsections when applied leave the individual accused's record completely unblemished. It is commonly applied in public order matters for first time offenders in the District Court.


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