Spent Convictions Bill Ireland

V.W.L 11

Has anyone heard any updates on this???doubt it'll make much difference to people's lives,Alan Shatter has a good bit of red tape on it,last i heard was no more than 2 convictions can be spent,bloody lunacy I.M.O

Sala

V.W.L 11 wrote: »

Has anyone heard any updates on this???doubt it'll make much difference to people's lives,Alan Shatter has a good bit of red tape on it,last i heard was no more than 2 convictions can be spent,bloody lunacy I.M.O

I'm not sure how much of a difference it will make i.e. If you are going to the states and you fill out the papers I asks have you ever been convicted... You still need to disclose this.

V.W.L 11

Sala wrote: »

I'm not sure how much of a difference it will make i.e. If you are going to the states and you fill out the papers I asks have you ever been convicted... You still need to disclose this.

Agreed!!!they should just wipe it altogether after say 10years from the last conviction!not for serious offences naturally but the minor stuff,everyone makes mistakes in life;but people fo change yet the justice system penalises them until death which is highly wrong

Holsten

V.W.L 11 wrote: »

Agreed!!!they should just wipe it altogether after say 10years from the last conviction!not for serious offences naturally but the minor stuff,everyone makes mistakes in life;but people fo change yet the justice system penalises them until death which is highly wrong

Haha I love how you just go against the idea with "Not for serious offences". Whats a serious offense in your eyes? And why should their slate not be wiped clean?

The bill in my eyes is in shambles. We've got the UK who have dealt with this issues for the last 40 years, have all the experience that comes with that and our bill will be years behind their current version.

When it goes through it won't make a real difference to anyone.

Should be a rolling scale for any offense that after a certain number of years with no re offending the offenses are considered spent, in the eyes of Irish law, they would no longer exist. Treated as such for the purposes of travel.

They would not be removed, and of course would show up with any work with children/vulnerable adults but that would be it.

NoQuarter

Holsten wrote: »

Haha I love how you just go against the idea with "Not for serious offences". Whats a serious offense in your eyes? And why should their slate not be wiped clean?

The bill in my eyes is in shambles. We've got the UK who have dealt with this issues for the last 40 years, have all the experience that comes with that and our bill will be years behind their current version.

When it goes through it won't make a real difference to anyone.

Should be a rolling scale for any offense that after a certain number of years with no re offending the offenses are considered spent, in the eyes of Irish law, they would no longer exist. Treated as such for the purposes of travel.

They would not be removed, and of course would show up with any work with children/vulnerable adults but that would be it.

"Serious offence" is a legally defined term meaning an offence that carries a term of imprisonment of 5 years or more.

V.W.L 11

Holsten wrote: »

Haha I love how you just go against the idea with "Not for serious offences". Whats a serious offense in your eyes? And why should their slate not be wiped clean?

The bill in my eyes is in shambles. We've got the UK who have dealt with this issues for the last 40 years, have all the experience that comes with that and our bill will be years behind their current version.

When it goes through it won't make a real difference to anyone.

Should be a rolling scale for any offense that after a certain number of years with no re offending the offenses are considered spent, in the eyes of Irish law, they would no longer exist. Treated as such for the purposes of travel.

They would not be removed, and of course would show up with any work with children/vulnerable adults but that would be it.

Look up the bill,all is explained in it

Holsten

I've read it alright and it's full of problems, e.g:

Excluded:
-Any term over 12 months (Served or Suspended)
-Central Criminal Court
-Sexual Offense

Only 2 convictions will allowed to be spent and an offender will have to declare for visas, etc..

Meanwhile in the UK, who now have over 40 years experience with this:

Any offense:
0-6 months - 2 years spent
6-30 months - 4 years spent
30 months - 4 years - 7 years spent
4+ years - Never spent.

These are custodial sentences, the times are even less for non-custodial.

The only offences that are excluded are those that you received a custodial sentence of 4+ years.

V.W.L 11

Holsten wrote: »

I've read it alright and it's full of problems, e.g:

Excluded:
-Any term over 12 months (Served or Suspended)
-Central Criminal Court
-Sexual Offense

Only 2 convictions will allowed to be spent and an offender will have to declare for visas, etc..

Meanwhile in the UK, who now have over 40 years experience with this:

Any offense:
0-6 months - 2 years spent
6-30 months - 4 years spent
30 months - 4 years - 7 years spent
4+ years - Never spent.

These are custodial sentences, the times are even less for non-custodial.

The only offences that are excluded are those that you received a custodial sentence of 4+ years.

I think the "2 spent convictions only" issue is being met with some opposition,especially the irish prison reform trust,,e.g if you have 3 convictions then this legislation is worthless to a person,the uk model completely wipes them I think,you seem to know more than me holsten,so any further info I would welcome.

Holsten

I know there are some changes being put forward to the bill while it goes through the oireachtas but there is still too many barriers on it.

Read this:

http://www.iprt.ie/files/IPRT_Spent_Convictions_29012013.pdf

It's the IPRT comments and recommendations on the bill. Their idea of the bill is a good one.

V.W.L 11

Holsten wrote: »

I know there are some changes being put forward to the bill while it goes through the oireachtas but there is still too many barriers on it.

Read this:

http://www.iprt.ie/files/IPRT_Spent_Convictions_29012013.pdf

It's the IPRT comments and recommendations on the bill. Their idea of the bill is a good one.

Hopefully shatter takes notice of what the iprt are saying,any idea of what changes are being brought forward?

jamesr123

Any updates on this bill? I had 2 appearances in court because I failed to produce license and insurance. The cases were obviousally struck out but i'm still trying to prevent them appearing on vetting forms. no such luck yet......

seems very unfair but hopefully this bill will enable me to get them off the file.

NoQuarter

jamesr123 wrote: »

Any updates on this bill? I had 2 appearances in court because I failed to produce license and insurance. The cases were obviousally struck out but i'm still trying to prevent them appearing on vetting forms. no such luck yet......

seems very unfair but hopefully this bill will enable me to get them off the file.

The Bill is useless to you anyway. If your charges were struck out then you were not convicted. If you have no convictions then the Bill is useless to you.

V.W.L 11

the delay in enacting this vital legislation has cost me employment twice so far this year,they'd want to hurry on :mad: the next excuse they'll give is that Shatter was due to bring it in until his "unexpected" resignation,only in Ireland :rolleyes:

jamesr123

NoQuarter wrote: »

The Bill is useless to you anyway. If your charges were struck out then you were not convicted. If you have no convictions then the Bill is useless to you.

well I spoke to the data commissioner recently and he informed me that this bill can help me get rid of those court appearances on the file.

Surely if you can hide convictions, you can hide struck out cases

V.W.L 11

jamesr123 wrote: »

well I spoke to the data commissioner recently and he informed me that this bill can help me get rid of those court appearances on the file.

Surely if you can hide convictions, you can hide struck out cases

even if it did show up i doubt it would hinder you tbh,its a road traffic matter and you were cleared of it,is it a driving job you are looking i have about 15 cases that were struck out so i know how you feel

NoQuarter

jamesr123 wrote: »

well I spoke to the data commissioner recently and he informed me that this bill can help me get rid of those court appearances on the file.

Surely if you can hide convictions, you can hide struck out cases

You don't need to hide struck out cases because there is no obligation to disclose them.

Even with a spent conviction, if the application form asks "have you ever been charged with a criminal offence", the answer, presumably, still has to be yes.

What are the specific questions on the vetting forms you're talking about?

V.W.L 11

NoQuarter wrote: »

You don't need to hide struck out cases because there is no obligation to disclose them.

Even with a spent conviction, if the application form asks "have you ever been charged with a criminal offence", the answer, presumably, still has to be yes.

What are the specific questions on the vetting forms you're talking about?

apparently the whole point of the legislation is so you dont have to disclose convictions (within reason)

NoQuarter

V.W.L 11 wrote: »

apparently the whole point of the legislation is so you dont have to disclose convictions (within reason)

Point still stands about court appearances not resulting in a conviction. Granted, I haven't seen the legislation.

jamesr123

NoQuarter wrote: »

You don't need to hide struck out cases because there is no obligation to disclose them.

Even with a spent conviction, if the application form asks "have you ever been charged with a criminal offence", the answer, presumably, still has to be yes.

What are the specific questions on the vetting forms you're talking about?

no, but those cases have been appearing on my vetting forms when they return to the relevant organisations. My point is surely I can request to have them deleted off pulse so they don't appear atall.

As I say there only 'non-producers' but in my eyes I'd rather my vetting form be returned wit nothing on it. If I can't have them deleted then that's a disgrace considering I'm innocent lol ....

NoQuarter

jamesr123 wrote: »

no, but those cases have been appearing on my vetting forms when they return to the relevant organisations. My point is surely I can request to have them deleted off pulse so they don't appear atall.

As I say there only 'non-producers' but in my eyes I'd rather my vetting form be returned wit nothing on it. If I can't have them deleted then that's a disgrace considering I'm innocent lol ....

Well you had best read the spent convictions bill because if it provides for the removal of convictions, that doesnt mean charges that are struck out will be removed. Obviously I can see the logic in that but legislation is read to the letter so dont assume!

BornToKill

It has completed committee stage. You can read the Bill, read the debates and follow its progress through the Oireachtas by following this link.

rick_fantastic

its a joke, completed committee stage over a year ago and no action since..

BornToKill

Here is the reason given, though it does on avarage take a Bill about two and a half years from beginning to enactment.

usernamegoes

This is positive

http://www.iprt.ie/contents/2629

jamesr123

usernamegoes wrote: »

This is positive

http://www.iprt.ie/contents/2629

suppose it's something :D

V.W.L 11

usernamegoes wrote: »

This is positive

http://www.iprt.ie/contents/2629

that's me fcuked :mad:

rick_fantastic

that seems pretty promising...

V.W.L 11

rick_fantastic wrote: »

that seems pretty promising...

not if convicted of assault it seems

boardsuser1

the fact this legislation has still not been enacted is nothing short of crazy

simonsez

V.W.L 11 wrote: »

Has anyone heard any updates on this???doubt it'll make much difference to people's lives,Alan Shatter has a good bit of red tape on it,last i heard was no more than 2 convictions can be spent,bloody lunacy I.M.O

SC act passed all stages and became law late April 2016

http://www.iprt.ie/contents/2905

simonsez

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 has finally commenced.

29th April 2016

Today marks a historic day in penal reform in Ireland as The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 has finally commenced.

Minister Fitzgerald announced the commencement of this Act along with The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 today. In this statement Minister Fitzgerald recognises the difficulties that previous offenders face with the disclosure of criminal convictions for employment purposes and that “it is in everyone’s interest that offenders who have paid their debt to society and want to leave crime behind are encouraged to do so”.Minister Fitzgerald’s statement can be read in full here: http://www.justice.ie/en/JELR/Pages/PR16000094

Whilst we are delighted for the many people that this Act will assist in moving on with their lives, we would like to reiterate that we believe this piece of legislation is limited in its application to certain offences but we are hopeful and strongly encourage that it will be used as a stepping stone to be extended to cover more than one offence (other than minor motoring/public order offences) and lengthen the terms of imprisonment permissible under the Act from 12 months to 48 months.

source http://www.iprt.ie/contents/2905

boardsuser1

simonsez wrote: »

SC act passed all stages and became law late April 2016

http://www.iprt.ie/contents/2905

Yeah was reading up on it. Means jack sh1t to the majority with convictions in reality. The UK model should have been adopted here 30 years ago not now.