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70 previous convictions.

  • 27-02-2020 11:42PM
    #1
    Steve
    Registered Users, Registered Users 2 Posts: 22,575 ✭✭✭✭


    This is a general question on how the Irish legal systems keeps records of convictions and who can access it.

    So, say 'Paddy Murphy' (fictitious) is convicted of a crime, is there a public record of this?

    Are Irish citizens able or legally entitled to view this anywhere?

    It is often reported in mainstream media that 'Paddy Murphy' was in court over so-and-so and had '70 previous convictions'. How do the journalists know this?


Comments

  • #2
    Fann Linn
    Registered Users, Registered Users 2 Posts: 8,629 ✭✭✭Fann Linn


    Steve wrote: »
    This is a general question on how the Irish legal systems keeps records of convictions and who can access it.

    So, say 'Paddy Murphy' (fictitious) is convicted of a crime, is there a public record of this?

    Are Irish citizens able or legally entitled to view this anywhere?

    It is often reported in mainstream media that 'Paddy Murphy' was in court over so-and-so and had '70 previous convictions'. How do the journalists know this?


    The prosecuting garda is normally asked in court.


  • #3
    Mervyn Skidmore
    Registered Users, Registered Users 2 Posts: 3,244 ✭✭✭Mervyn Skidmore


    If he or she is convicted or pleads guilty, the judge will ask for a record of previous convictions before sentencing.


  • #4
    Steve
    Registered Users, Registered Users 2 Posts: 22,575 ✭✭✭✭Steve


    Fann Linn wrote: »
    The prosecuting garda is normally asked in court.

    Yes, that's what I heard.

    Problem with that right there is it seems the garda has access to information that the judge does not??

    How does that work?

    Surely a sentencing judge should be expected to rely on information directly available to them?

    But I digress..

    My question remains, if a convicted criminal is convicted, is there a public record of it?


  • #5
    Steve
    Registered Users, Registered Users 2 Posts: 22,575 ✭✭✭✭Steve


    Mervyn Skidmore wrote: »
    If he or she is convicted or pleads guilty, the judge will ask for a record of previous convictions before sentencing.

    Ask who?


  • #6
    Fann Linn
    Registered Users, Registered Users 2 Posts: 8,629 ✭✭✭Fann Linn


    Steve wrote: »
    Yes, that's what I heard.

    Problem with that right there is it seems the garda has access to information that the judge does not??

    How does that work?

    Surely a sentencing judge should be expected to rely on information directly available to them?

    But I digress..

    My question remains, if a convicted criminal is convicted, is there a public record of it?

    I've seen gardai in the witness box with reems of sheets of convictions for offenders and naming off dates and courts and fines of previous for same. It would be impossible for any judge to have prior knowledge for some of the 'usual suspects'' as their lists of convictions are so long.


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  • #7
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Steve wrote: »
    Yes, that's what I heard.

    Problem with that right there is it seems the garda has access to information that the judge does not??

    How does that work?

    Surely a sentencing judge should be expected to rely on information directly available to them?
    Not at all. Other way round, in fact. Just as in trying the offence, in sentencing for an offence the judge only operates off information that has been presented in open court.
    Steve wrote: »
    My question remains, if a convicted criminal is convicted, is there a public record of it?
    Yes and no.

    Yes, in the sense that there is a record of it, maintained by public officials.

    No, in the sense that the record is not freely available to the general public.


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