Dáil Éireann Debate, Wednesday - 26 July 2017
450. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of convicted persons who have been eligible to avail of the provision set out at section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 since its commencement on 26 April 2016. [35093/17]
View answerAs there is no formal procedure to go through to have a conviction declared spent, statistics are not available on the numbers of persons eligible to avail of section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. Therefore, it is not possible to provide the figures requested by the Deputy.
The effect of this legislation is that a person will not be obliged to disclose certain convictions which are over 7 years old. In accordance with the provisions of the Act the following convictions are deemed to be spent:
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.
A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court on a person in respect of an offence that is not a custodial sentence and is not in addition to a custodial sentence and includes—
(a) a sentence of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court;
(b) a fine;
(c) an order under section 1(2) of the Probation of Offenders Act 1907;
(d) a community service order made by a Court that is not revoked;
(e) a restriction on movement order made under section 101 of the Criminal Justice Act 2006.
Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.
