Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
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Limitation of section 6 | ||
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8. (1) Section 6 shall not apply where a requirement is made of a person to disclose any previous convictions or the circumstances ancillary thereto— | ||
(a) in any interview of the person conducted by a member of the Garda Síochána following the arrest of that person in connection with the investigation of an offence, | ||
(b) in respect of an application by the person— | ||
(i) to enter, be or remain in the State, or | ||
(ii) for Irish citizenship, | ||
or | ||
(c) in respect of any application pursuant to, or any investigation under, Part 3 of the Central Bank Reform Act 2010 . | ||
(2) A person who is convicted of fraud, deceit or dishonesty in respect of a claim under a policy of insurance or a policy of assurance shall not be excused under section 6 from disclosing any such conviction on any insurance proposal or form or any assurance proposal or form, as the case may be. | ||
(3) Nothing in this Part shall affect— | ||
(a) the enforcement by any process or proceedings in respect of any fine or other sum deemed payable by, or imposed on, a person in respect of a conviction, which is, if the requirements of this Part apply and are fulfilled, regarded as a spent conviction, | ||
(b) the issue of any process for the purpose of proceedings in respect of any breach of a condition or requirement that applies to a sentence imposed in respect of a conviction which is, if the requirements of this Part apply and are fulfilled, regarded as a spent conviction, or | ||
(c) the operation of an enactment under which, in consequence of any conviction, a person is subject, otherwise than by way of sentence, to any disqualification, disability, prohibition or other penalty or any registration requirement, whether or not the period of which extends beyond the relevant period applying to the sentence for such conviction. | ||
(4) This Part is without prejudice to a person’s right to disclose his or her previous convictions or the circumstances ancillary thereto. |