What exactly is a spent conviction?

BattleCorp

In real terms what does a spent conviction mean?

I understand that after a certain period of time, lesser crimes are removed from a person's record. What difference does this make?

If you were filling in a form and were asked if you were ever found guilty of a crime, would you have to list a spent conviction?

Will it mean an end to people appearing in court with 50 + convictions?

Supposing Mr. BattleCorp had a spent conviction, what difference would this legislation mean to him?

Pro Hoc Vice

BattleCorp wrote: »

In real terms what does a spent conviction mean?

I understand that after a certain period of time, lesser crimes are removed from a person's record. What difference does this make?

If you were filling in a form and were asked if you were ever found guilty of a crime, would you have to list a spent conviction?

Will it mean an end to people appearing in court with 50 + convictions?

Supposing Mr. BattleCorp had a spent conviction, what difference would this legislation mean to him?

All your answers here http://www.irishstatutebook.ie/eli/2016/act/4/enacted/en/html

Section 5 (3) will answer one of your questions.

MarkAnthony

BattleCorp wrote: »

Will it mean an end to people appearing in court with 50 + convictions?

It's important to note that the court should be unaware of how many convictions Mr. BattleCorp has when the case is ongoing. The fact is that this only comes into play at sentencing. It's so prevalent in the public mind for two reasons (i) 90% of cases the accused pleads guilty so it immediately comes into play (ii) journalistic reporting, such as it is.

The Spent convictions legislation is extremely conservative and we're literally the last EU country to bring it in. It's designed for the the odd stupid mistake that can seriously affect people later in life and the waiting times IIRC are pretty long.

As for forms, it really depends. I believe that you don't have to declare it intra EU or in Ireland but for the purposes of travel you may very well have to.

I must have a proper read of the new legislation but at the moment I've 36 hours to prep for an EU exam and all RAM is currently in use.

NUTLEY BOY

BattleCorp wrote: »

In real terms what does a spent conviction mean?

I understand that after a certain period of time, lesser crimes are removed from a person's record. What difference does this make?

If you were filling in a form and were asked if you were ever found guilty of a crime, would you have to list a spent conviction?

Will it mean an end to people appearing in court with 50 + convictions?

Supposing Mr. BattleCorp had a spent conviction, what difference would this legislation mean to him?

I first came across the concept of spent convictions years ago under the UK Rehabilitation of Offenders Act 1974.

The idea is that certain convictions have a rehabilitation period attached to them. When that period expires the conviction is deemed to have been spent. When the conviction is spent the defendant is entitled effectively to speak, write and act as if the conviction had never been sustained.

The law only applied to certain classes of relatively minor or less serious offences. More serious offences, like armed robbery, would not have come within the 1974 act. The idea was that offenders who committed relatively small offences would not carry the burden of it for the rest of their lives.

As one person put it to me the practical effect in relation to spent convictions is that the convicted person will then be able simultaneously to tell a factual lie but a legal truth. The factual lie is to say that you were not convicted of a particular offence. The legal truth is that you do not have to reveal the spent conviction and a negative answer is legally correct.

I think that a practical consequence of the UK act was that you could not be compelled to reveal spent convictions when filling out insurance proposal forms, job applications and the like.

As far as 50+ convictions man goes the issue is more likely to have relevance in sentencing as it would be at that stage that the full CV of criminality is revealed. What I do not know is if the prosecution would be inhibited from stating that 50+ man has that many convictions if some of them are now spent.

+1 MarkAnthony's point about declaration outside of the EU. Going to Australia for example.

4ensic15

In sentencing. old convictions, even if they are revealed, have little weight.

carzony

BattleCorp wrote: »

Will it mean an end to people appearing in court with 50 + convictions?

I think you may only be allowed one conviction spent. This legislation will certainly not benefit your typical scumbag which is a very good. It's a great thing and makes things a little easier for people who made mistakes in youth ect..

pillphil

carzony wrote: »

I think you may only be allowed one conviction spent. This legislation will certainly not benefit your typical scumbag which is a very good. It's a great thing and makes things a little easier for people who made mistakes in youth ect..

From the IPRT

IPRT wrote:

1) All convictions in the District Court for Motoring offences which are more than 7 years old will be spent, subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.

2) All convictions in the District Court for minor public order offences which are more than 7 years old will be spent.

3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction will also be spent after 7 years. This provision will apply to either a District Court or Circuit Court conviction.

4) However, sexual offences or convictions in the central Criminal Court are not eligible to become spent convictions.”

richy

AFAIK, If the conviction is spent then it wont appear on the CRB and therefore foreign embassys wouldnt know you were ever convicted of the crime unless you told them

Pro Hoc Vice

richy wrote: »

AFAIK, If the conviction is spent then it wont appear on the CRB and therefore foreign embassys wouldnt know you were ever convicted of the crime unless you told them

http://www.irishstatutebook.ie/eli/2016/act/4/section/9/enacted/en/html#sec9

A record of the conviction may exist in many places telling a lie on a visa application is never a good policy. The effect of section 9 is no conviction is a spent conviction in relation to any question raised by another state.