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probation act under criminal justice(spent convicitons act)??

  • 14-03-2017 5:55pm
    #1
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭


    Hi there,

    I am wondering does the probation act 1907 fall under the criminal justice act 2016? Particularly section 6 (spent convictions and certain disclosures)?

    If a certain organisation was exempt from section 6 i.e all convictions would be disclosed to them as section 6 does not apply to them, would probation act applications be disclosed?


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    richy wrote: »
    Hi there,

    I am wondering does the probation act 1907 fall under the criminal justice act 2016? Particularly section 6 (spent convictions and certain disclosures)?

    If a certain organisation was exempt from section 6 i.e all convictions would be disclosed to them as section 6 does not apply to them, would probation act applications be disclosed?

    Application of the Probation act is not a conviction.


  • #3
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭richy


    GM228 wrote: »
    Application of the Probation act is not a conviction.

    Thanks for reply GM. I understand this. Reason I asked is because when you look at the act online it lists one of the acts referred to as the 1907 probation act. So it mentions it, I'm just not sure under what context.


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    richy wrote: »
    Thanks for reply GM. I understand this. Reason I asked is because when you look at the act online it lists one of the acts referred to as the 1907 probation act. So it mentions it, I'm just not sure under what context.

    That would be in relation to a non custodial sentence in terms of an order to enter recognizance under S 1(2) of the 1907 Act, something rarely used and only applicable to the Circuit/Central Criminal Court after a conviction on indictment.


  • #5
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭richy


    GM228 wrote: »
    That would be in relation to a non custodial sentence in terms of an order to enter recognizance under S 1(2) of the 1907 Act, something rarely used and only applicable to the Circuit/Central Criminal Court after a conviction on indictment.

    Thanks for that GM.


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