Period of time Probation Act

gmarty

hi all, im up in court in 2 weeks and my solicitor has told me i am looking at the probation act and a fine, as this is a first offence. I forgot to ask him, if i am to receive the probation act would it come in to force immediately regarding garda vetting, or is there a period of time that will have to pass first. thank you in advance

coylemj

If you get any kind of conviction (including the Probation Act which technically is not a conviction) then normally nothing happens until the time within which you can lodge an expires which in the District Court I think is ten days.

gmarty

thanks you, i know that normally one would not have to declare the probation act on garda vetting, so i was a bit apprehensive about not declaring it, as i thought there was some kind of period of time that needs to lapse first when one first gets the probation act (ie amount of time on probation), before probation is passed so to speak.

NoQuarter

gmarty wrote: »

hi all, im up in court in 2 weeks and my solicitor has told me i am looking at the probation act and a fine, as this is a first offence. I forgot to ask him, if i am to receive the probation act would it come in to force immediately regarding garda vetting, or is there a period of time that will have to pass first. thank you in advance

Im sure the "fine" you talk of is probably a donation to "the poor box" because you wouldnt get a court ordered fine and the benefit of the probation act as the fine is a conviction and cancels out the whole point of the probation act.

gmarty

thank you no quarter, so are you saying that if i get a fine toward the poor box, it will come up on garda vetting, or am i reading you text incorrect

ResearchWill

gmarty wrote: »

thank you no quarter, so are you saying that if i get a fine toward the poor box, it will come up on garda vetting, or am i reading you text incorrect

It is either a fine or it's a donation, there is no such thing as a fine to the poor box. Hence why you need to clarify which it is. It's a very important distinction.

NoQuarter

The poor box and a fine are a bit different.

The poor box is NOT a conviction, its just a "voluntary" donation, that you are forced to give. You dont declare this to Garda vetting.


A normal fine by the judge IS a conviction that would have to be declared.

The probation act is a slap on the wrist that is NOT a conviction (in general - as certain sections of the Act are convictions). So you wouldnt seek the probation act (no conviction) and a fine (a conviction) together. It would make no sense. I would assume its a poor box donation your solicitor is seeking but worth clarifying with him.

gmarty

it is a donation to the court poor box, my apologies i should have chosen my words more carefully

gmarty

thank you no quarter and research will your help is much appreciated

gmarty

sorry again, and if i did pay a donation to the poor box and was given the benefit of the probation act, would it immediately come into effect, or would i have to wait until the probationary period is over.

NoQuarter

You are good to go straight away as far as I know. I stand open for correction on that but the fact is, you dont have a conviction and they garda vetting forms ask for convictions.

Of course, if they ask have you ever been arrested and you have, thats obviously different.

gmarty

that sounds great, il talk this over with my solicitor anyway i just wanted to know for my own mind sake, maybe il get some sleep tonight, thanks guy much appreciated