Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Quick Question - Probation Act

  • 25-07-2008 11:45am
    #1
    M007
    Registered Users, Registered Users 2 Posts: 237 ✭✭


    If i'm in court and the Judge dismisses my case but states that he is doing so under the probation act does that mean I have a criminal record going into the future - that could ruin chances of visa/work opportunities?


Comments

  • #2
    impr0v
    Registered Users, Registered Users 2 Posts: 2,647 ✭✭✭impr0v


    Quick answer: It depends.

    If you were in the District Court on a minor charge and the Judge dismissed the charge under Section 1(1)(ii) of the probation act you don't have a criminal record.

    If the judge imposed conditions, then you're bound to them for the period specified and if you breach them you're brought before the court again.

    Section 1(2) of the act applies to indictable (more serious) offenses and it operates similar to the above, except that you will have a criminal record.


  • #3
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    Section 1(1)(i) is an unconditional release with no recorded conviction.

    Section 1(1)(ii) is a conditional release with no recorded conviction.

    Section 1(2) is a conditional release with a recorded conviction.


    The first two will usually be used for minor offences (pubic order) where the person has no previous convictions, pleads guilty, and apologises.

    While no conviction is recorded against the person, and visa opportunities won't be jeopardised, if the person commits another offence, the court may take into account the fact that the person has had the benefit of the Probation Act on a previous occassion.


  • #4
    toni1
    Closed Accounts Posts: 1 ✭toni1


    Hi i'm only new to this so sorry if i'm not posting in the right manner but i was wondering what is the likelihood of getting the probation act for a second time , does this happen or will a conviction be handed out? Is it entirely up to the ruling judge on the day or is it mandatory that a conviction be given for a second time offender?


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    toni1 wrote: »
    Hi i'm only new to this so sorry if i'm not posting in the right manner but i was wondering what is the likelihood of getting the probation act for a second time , does this happen or will a conviction be handed out? Is it entirely up to the ruling judge on the day or is it mandatory that a conviction be given for a second time offender?

    It is often believed that the POA can only be applied once, but in theory it can be given more than once. I have know it to happen, but you would need a good reason and a good solicitor.


Advertisement