The Minister for Justice, Equality and Defence, Alan Shatter, T.D., announced today the publication of the Criminal Justice (Spent Convictions) Bill 2012, which was approved by Government on 1 May 2012. The Bill provides for certain convictions to become spent after a number of years conviction-free have elapsed. The length of time that a person must remain conviction-free ranges from 3 to 7 years depending on the sentence originally imposed by the courts. Custodial sentences of 1 year or less as well as a range of non custodial sentences are covered by the Bill.
The Minister said that the publication of the Bill was a significant
milestone in the rehabilitation of offenders in Ireland. He went on to say
that “This legislation brings Ireland into line with most other EU Member
States in providing that people convicted of offences can eventually leave
their past behind them and get on with their lives. The Bill should be of
particular benefit to ex-offenders, who often find their path to employment
blocked, once they admit to a previous offence.”
The Minister continued “I believe that society’s interests and those of the
offender who mends his or her ways can coincide. It is in everyone’s
interest that offenders who have paid their debt to society and want to
leave crime behind are encouraged to do so. Insofar as this legislation
can help, then it is to be welcomed by all.”
The Minister concluded by saying that he hopes to have the Bill enacted
without delay and looks forward to a constructive debate on its provisions
in the Oireachtas.
NOTE FOR EDITORS
The Law Reform Commission published its Report on Spent Convictions in 2007
(LRC 84-2007). The Criminal Justice (Spent Convictions) Bill 2012 is
designed to assist with the rehabilitation of offenders by making it easier
for them to access employment.
The key features of the Bill are:
- It applies to adults and provides for adults a non-disclosureregime similar to that applying to children under section 258 ofthe Children Act 2001 (see note under)
- It only applies to prison sentences of 12 months or less or tolesser penalties such as the imposition of community service orfines
- It is self-administered. A person does not need to apply to havea conviction declared spent.
- Sexual offences and offences that fall to be tried by the CentralCriminal Court are excluded from the purview of the Bill.
- No more than 2 convictions during an individual’s life may becomespent.
- The conviction-free periods that must be served before aconviction will become spent range from 3 years for a small fine to 7 years for a 1 year jail sentence.
- Anyone seeking to work with or provide services (care and accommodation) to children (under 18) or vulnerable adults will have to declare their convictions.
- A range of employments, including those relating to the securityof the State, the administration of justice and other sensitive positions, are excluded.
- Convictions will have to be disclosed when applying for certain licences (taxis, private security, etc)
Children Act 2001
Section 258 of the Children Act 2001 provides that where a person is under
18 years at the date of the commission of an offence (other than an offence
that falls to be tried by the Central Criminal Court), they may not be
required to disclose the conviction after three years has elapsed since the
conviction, and provided they have not been convicted during that 3 year
period.