Question on probation act

Dirtboxsniff

Hi can someone help me understand the wording from the Citizens Info website.

"It will be recorded that you have benefited from the Probation Act. If you appear before the courts again this may be taken into consideration"

What exactly does this mean?

Ignacius

Hi there! It is not recorded as a conviction. As it is probationary, if you are charged with an offence in the next few years after, the courts can take it into consideration. I am not sure how long they can use it against you in court.

The gardai seem to have a permanent record of all these offences. This does not mean that you have a criminal offence. You will still get a clean Garda clearance.

Dirtboxsniff

Thanks for the reply.

I am wondering would it fall somewhat into the Spent conviction frame of 7 years. Would anyone have info on how long it can be used against you?

Bobtheman

It ain't a conviction

Dirtboxsniff

OK thanks

So from the wording from the Citizens Info site I'm a little confused.

If it ain't a conviction, you passed probation and kept under the radar for 10 years but now have court again, would it come up in court?

Peregrinus

The spent convictions legislation doesn't actually make convictions go away. It just says that, in most circumstances, you are not obliged to disclose them.

Plus; there's an important exception; it doesn't apply in court proceedings relating to criminal matters.

In general, evidence of past convictions isn't relevant, and isn't admissible, in criminal proceedings, whether or not the convictions are spent. In particular, the fact that you were convicted in the past of a completely different theft or thefts is not evidence that you are guilty of the theft for which you are now being tried, so evidence about your previous convictions isn't admissible.

But there are circumstances in evidnece of previous convictions can be admissible. For example, if a witness on the other side gives evidence that you wish to undermine, and you wish to show that the witness is of bad character and may not be reliable, you can introduce evidence of his previous convictions for offences of dishonesty.

As mentioned, even if those convictions are spent, the legislation doesn't prevent them from being brought up in criminal proceedings, if they are otherwise relevant and admissible.

So, if that's the case with convictions, it's even more the case with Probation Act orders. It doesn't matter that, if they were convictions, they would now be spent; they are still admissible.

Dirtboxsniff

This is a good answer and thank you.

What exactly would define as relevant?

Dirtboxsniff

Also is it true you have to sign something when you receive the act / get formal notice of it by writing?

Also are you always set up with an officer?

I notice the following from probation website

"This puts an offender under the supervision of a Probation Officer for a period of up to three years. A Probation Order is not a recorded conviction"

Richmond Ultra

Treat it like a yellow card in sport. If it is used again well issues arise.

Dirtboxsniff

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Dirtboxsniff

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Dirtboxsniff

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tayto lover

As long as you keep your nose clean it doesn't bother you again.