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Declaring Probation Act

  • 10-05-2018 2:39pm
    #1
    Ster
    Registered Users, Registered Users 2 Posts: 10 ✭


    Hi guys wondering if you’re required to disclose an instance where the probation act has been applied to you for an offence on any employment or entry form. For instance on entry forms for medical council or kings inn etc. Seeing as it’s not a conviction are you required to disclose if asked. Thanks.


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Depends. You say "seeing as it's not a conviction", but in fact it could be a conviction.

    Under section 1(1) of the Probation Act, if you have been charged with an offence, and the court has heard the evidence and thinks the charge is proved, but also thinks that you are young and foolish and have a peanut for a brain and for one reason or another it's not appropriate to whack you over the head with the full majesty of the law, the court can either dismiss the charge or give you a conditional discharge, meaning that you need to keep your nose clean for the next couple of years and maybe pay compensation to the victim but, so long as you do, there will be no other consequences. Where s. 1(1) is applied there is no conviction.

    But there's also section 1(2) of the Probation Act under which, if you have been convicted of an offence, but the court thinks you are young and foolish, etc, etc, the court can give you a conditional discharge. In that case there is a conviction, but no sentence (fine, imprisonment or the like).

    Section 1(1) applies on when people are tried summarily in the District Court. S. 1(2) applies when people are tried on indictment in the Circuit Criminal Court or the Central Criminal Court. The application of s.1(1) is common, but the application of s.1(2) is pretty rare. So, in the great majority of cases in which someone "got the benefit of the Probation Act", it'll be on a charge that was handled in the District Court, and there was no conviction. But there'll be a few cases where the charge was tried on indictment in the Circuit Court or above, and in those cases there will have been a conviction.

    OK. Say your case was handled in the District Court and there's no conviction. Do you have to declare it?

    Depends on the question you're answering, dunnit? If the question asks about convictions, it's not a conviction; you don't have to disclose it. But if the question asks whether you have been arrested, or charged, or tried, well, some or all of these things did happen so you may have to say so (while also pointing out that you weren't convicted).

    And of course depending on the circumstances you may be able to take advantage of spent convictions legislation to avoid declaring the matter. But that's a whole other question.


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