caughtsmokinII

Paristocrat

Hi as a few extra side questions to catsmokinpot thread.

1. Does anybody know what is the position with the teaching council/garda vetting process if someone was thinking of doing the hdip next year?

Caught with a small quantity of # in 2002 (changed my ways since then).
I gave my details but moved address (unintentionally), I also gave my phone number but they never contacted me!!
I recently found out a summons was delivered to the old address but heard nothing from it since...

2. Would it be correct to assume that someone shouldn't have a conviction against their name if they didn't have their day in court or didn't formally receive the summons ?

3. Is there an amount of time (statute of limitations!!!) whereby it is too late to covict someone for such an offence (like 6 years)?


4. Is it legal for a body other than the garda (such as the teaching council ) to have details relating civil/criminal proceedings etc on file. even if a conviction did not occur?....e.g. A friend who was teaching in Oz had to provide a police vetting letter to their employer which simply stated 'no convictions' on it. i.e. they didn't have to seek approval through a third party like a teaching council.

Yours anxiously....

dats_right

OP, if you were summonsed for the offence then unfortunately in all likelihood you were convicted in your absence, unless for some reason the offence was struck-out e.g. maybe the Garda didn't turn up either.

2. No. It constitutes 'good service' to leave the summons at your last known address.

3. Not exactly. In the vast majority of summary offences, the Garda must make a 'complaint' to the District Court within six months of the alleged offence occuring. And the Accused has a constitutional right to a trial in due course of law, which includes the right to a speedy trial. But, as you were summonsed at the time it is highly unlikely that this will be of any benefit to you.

4. Generally speaking employers don't have any right to obtain employees criminal records. Theycan however ask that you sign a declaration declaring that you don't have any convictions and if your employer later became aware that you lied, then this would most likely be valid grounds for a dismissal. However, I understand that there has been statutory provison made permitting the Teaching Council obtain these criminal records for prospective teachers.

OP you need to find out pronto whether; a) You were convicted and, b) the implications, if any, of such a conviction to pursuing a teaching career.

Try your local Dictrict Court Office they may have your case on file still. See www.courts.ie

Alternatively, you should contact the Garda Central Vetting Unit on 0504 27300.

If you find that you have been convicted you should contact the Teaching Council directly and ask what effect this will have on your clearance to become a teacher. See http://www.teachingcouncil.ie/

Good luck

wyndham

dats_right wrote:

OP, if you were summonsed for the offence then unfortunately in all likelihood you were convicted in your absence, unless for some reason the offence was struck-out e.g. maybe the Garda didn't turn up either.

Bench Warrant?

Paristocrat

Ok thanks for that... it seems like my goose has been cooked (albeit in absentia).

Although!! what if someone was to check my name through pulse and found no convictions against my name!!(but a record of the arrest and issuing of summons)...am I in the clear then!!!