Garda Vetting.

darkdubh

Recently in work its been anounced that everyone will have to complete a Garda vetting form.You'll have to list any convictions you have.The thing ten years ago I received the probation act for assault.As its not technicaly a conviction would i be required to mention it and would the guards mention it when they return the form to my employers.?

dublin daz

The current disclosure policy lists "details of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be are disclosed to the authorised liaison person in the registered organisation."

The prosecution will show and the Court outcome, in that case, a dismissal and not a conviction.

Cody Pomeray

Interesting situation could arise there if the record were to be problematic to the employer or the carrying on of his business...

carzony

Does a dismissal looks bad on your record do ya think? I know it's not a conviction or anything but I suppose it still proves you were in court and committed an offense.

darkdubh

carzony wrote: »

Does a dismissal looks bad on your record do ya think? I know it's not a conviction or anything but I suppose it still proves you were in court and committed an offense.

Hard to say really.I work in a call center.I think really theyre trying to find out if theres people working for them who might not be trusted with dealing with sensitive information from members of the public.

cathy01

They would have to have a disclosure policy so see what they do if something is revealed .unless its relive t to your job don't worry

fartyarse

Probaction Act IS a form of conviction... You were found guilty and because it was your one and only time convicted in court, you were not fined/imprisoned, but given the Probation Act.

Still a conviction.

dublin daz

The Probation of Offenders Act allows the court to dismiss a charge. Dismissals are not convictions.

fartyarse

dublin daz wrote: »

The Probation of Offenders Act allows the court to dismiss a charge. Dismissals are not convictions.

Absolutely incorrect! It is not a 'dismissal' by any means, it will be disclosed as a 'probation act' and will be treated as such, guilty of the charge/summons, but Judge decided not to impose a penalty.

dublin daz

fartyarse wrote: »

Absolutely incorrect! It is not a 'dismissal' by any means, it will be disclosed as a 'probation act' and will be treated as such, guilty of the charge/summons, but Judge decided not to impose a penalty.

Really?

"A JUDGE has criticised how the Probation Offenders Act is often recorded as a criminal conviction on the garda Pulse computer system."

http://www.herald.ie/news/courts/gardai-told-to-stop-calling-probation-act-a-conviction-27890365.html

endacl

The vetting office contact the organisation who made the application on your behalf OP. The letter will disclose everything that is on your record to be disclosed. It's up to the organisation to make their own decision as to whether or not what is disclosed is significant to them.

Cody Pomeray

dublin daz wrote: »

http://www.herald.ie/news/courts/gardai-told-to-stop-calling-probation-act-a-conviction-27890365.html

Pleaded guilty to stealing a sandwich roll?

David Drumm must be quivering in his bespoke Berluti Oxfords.

fartyarse

dublin daz wrote: »

Really?

"A JUDGE has criticised how the Probation Offenders Act is often recorded as a criminal conviction on the garda Pulse computer system."

http://www.herald.ie/news/courts/gardai-told-to-stop-calling-probation-act-a-conviction-27890365.html

Soooo what I say is in fact correct then??!! That it is recorded as a conviction!!

dublin daz

fartyarse wrote: »

Soooo what I say is in fact correct then??!! That it is recorded as a conviction!!

No, its NOT a conviction. Did you see the part where the Judge said "that is not a conviction".

Pat Mustard

Link

d) Probation Act 1907 and Vetting
In instances where, in the court outcome, the court applies the provisions of the Probation Act 1907, the charges are dismissed. However, in order to avail of the provisions of the Probation Act 1907, the case is marked as 'proved'. While individuals often consider that they do not have a formal criminal record, when a person gives their written authorisation for vetting to be conducted the authorised signatory for the registered organisation is informed of the charge as a 'non-conviction' rather than a formal conviction.

groundcontrol

Hi folks,
Not trying to hijack this thread but just wondering if someone got arrested for being too drunk to find their way home and spent the night drying out would that show up?
My friend met with the local super and was told not to do it again. It was a complete once off and she has never been in trouble before or after.
Thanks for any help on this.

Cody Pomeray

Taking the circumstances as you have outlined them, no, that would not emerge following a vetting request.

It could appear on a request for personal data, which is generally only for your own information.

Dexdustinbury

The matter is clear - if you've been put on a criminal trial and acquitted, you're innocent. If the Probation Act has been applied, you've been proven guilty but the judge has ordered that no sentence arise (like jail or a fine).

It is unconstitutional for Garda Vetting to demand consent to disclosure of "prosecutions unsuccessful" and applicants should refuse this. The only record that should be disclosed about an applicant is CONVICTIONS.