Minister Alan Shatter has announced today that the Governemnt has proposed a new Bill which will provide for the removal of certain criminal convictions after a number of years.
The Criminal Justice Spent Convictions Bill applies to custodial sentences of one year or less, as well as a range of other non-custodial convictions. It will allow for a conviction to be declared spent as long as the offender does not commit any further crime for a period of between three and seven years.
The Bill will only apply to offenders sentenced to 12 months or less, or to lesser penalties such as fines or community service. The offender must remain conviction-free for three years after a small fine, or seven years if he or she has served a one-year jail sentence.
"Relevant rehabilitation period” means—
(a) in respect of a custodial sentence for a term not exceeding six months, a period of seven years from the date of
conviction, and
(b) in respect of any non-custodial order, including disqualification, penalty, fine or prohibition, a period of
five years from the date of conviction or when such order ceased to have effect, whichever is the earlier.
Sexual offences, as well as those to be tried by the Central Criminal Court, are excluded. No more than two convictions per person may become spent.
This Bill is, according to the Minister for Justice, designed to help those who no longer commit crime by helping them to get work.
From an employers perspective it is important to be aware of the potential impact of this as recruitement strategys will need to take account of this and application forms which ask for candidates to specifty any criminal convictions will need to be monitored in case a candidate unknowlingly includes a spent conviction.
The Bill itself does have merit in that those deemed to be rehabilitated should not suffer any further detriment, by being unable to obtain employment. However, those involved in certain industries as detailed in Section 5 of the Bill (as outlined below) are excluded from this and applicants will still have to disclose certain convictions, including spent convictions when applying for a position.
(2) “Excluded employment” means—
(a) any office, profession, occupation or employment involving the care for, supervision of or teaching of any person under 18 years of age, or of any person who, by virtue of their limited mental capacity, is a vulnerable person,
(b) any office, profession, occupation or employment in the provision of healthcare,
(c) membership of the judiciary, barrister, solicitor, court clerk, court registrar or any employee of the Courts Service,
(d) civil servant, public servant, or any office within the meaning of the Ethics in Public Office Act 1995,
(e) firearms dealer,
(f) traffic warden,
(g) employment as a member of the Defence Forces,
(h) employment as a prison officer, as a member of the Probation Service, or membership of a Prison Visiting Committee,
(i) employment as a member of an Garda Síochána (including Reserve Membership),
(j) accountant or dealer in securities, and
(k) director, controller or manager of a financial institution or of any financial service
Minister Alan Shatter has announced today that the Governemnt has proposed a new Bill which will provide for the removal of certain criminal convictions after a number of years.
The Criminal Justice Spent Convictions Bill applies to custodial sentences of one year or less, as well as a range of other non-custodial convictions. It will allow for a conviction to be declared spent as long as the offender does not commit any further crime for a period of between three and seven years.
The Bill will only apply to offenders sentenced to 12 months or less, or to lesser penalties such as fines or community service. The offender must remain conviction-free for three years after a small fine, or seven years if he or she has served a one-year jail sentence.
"Relevant rehabilitation period” means—
(a) in respect of a custodial sentence for a term not exceeding six months, a period of seven years from the date of
conviction, and
(b) in respect of any non-custodial order, including disqualification, penalty, fine or prohibition, a period of
five years from the date of conviction or when such order ceased to have effect, whichever is the earlier.
Sexual offences, as well as those to be tried by the Central Criminal Court, are excluded. No more than two convictions per person may become spent.
This Bill is, according to the Minister for Justice, designed to help those who no longer commit crime by helping them to get work.
From an employers perspective it is important to be aware of the potential impact of this as recruitement strategys will need to take account of this and application forms which ask for candidates to specifty any criminal convictions will need to be monitored in case a candidate unknowlingly includes a spent conviction.
The Bill itself does have merit in that those deemed to be rehabilitated should not suffer any further detriment, by being unable to obtain employment. However, those involved in certain industries as detailed in Section 5 of the Bill (as outlined below) are excluded from this and applicants will still have to disclose certain convictions, including spent convictions when applying for a position.
(2) “Excluded employment” means—
(a) any office, profession, occupation or employment involving the care for, supervision of or teaching of any person under 18 years of age, or of any person who, by virtue of their limited mental capacity, is a vulnerable person,
(b) any office, profession, occupation or employment in the provision of healthcare,
(c) membership of the judiciary, barrister, solicitor, court clerk, court registrar or any employee of the Courts Service,
(d) civil servant, public servant, or any office within the meaning of the Ethics in Public Office Act 1995,
(e) firearms dealer,
(f) traffic warden,
(g) employment as a member of the Defence Forces,
(h) employment as a prison officer, as a member of the Probation Service, or membership of a Prison Visiting Committee,
(i) employment as a member of an Garda Síochána (including Reserve Membership),
(j) accountant or dealer in securities, and
(k) director, controller or manager of a financial institution or of any financial service
