Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

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Number 4 of 2016

CRIMINAL JUSTICE (SPENT CONVICTIONS AND CERTAIN DISCLOSURES) ACT 2016

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Definition

3. Expenses

PART 2

Spent Convictions

4. Interpretation

5. Convictions which may be regarded as spent in certain circumstances

6. General effect of spent conviction

7. General effect of spent conviction — court proceedings

8. Limitation of section 6

9. Information sought by state other than the State

10. Disclosure required for work

11. Disclosure required for certain licences, etc.

12. Disclosure by Garda Síochána of criminal records held

13. Transitional provision

PART 3

Amendment of Act of 2012

14. Definition for purposes of Part

15. Amendment of section 3 of Act of 2012

16. Amendment of section 7 of Act of 2012

17. Amendment of section 9 of Act of 2012

18. Amendment of section 12 of Act of 2012

19. Amendment of section 13 of Act of 2012

20. Amendment of section 14 of Act of 2012

21. Certain convictions are not required to be disclosed

22. Amendment of section 16 of Act of 2012

23. Amendment of section 20 of Act of 2012

24. Amendment of section 21 of Act of 2012

25. Amendment of section 31 of Act of 2012

PART 4

Miscellaneous

26. Amendment of Garda Síochána Act 2005

27. Amendment of Schedule 1 to Act of 2012

28. Amendment of Schedule 2 to Act of 2012

29. Excluded offences for purposes of section 14A

SCHEDULE 1

Sexual Offences for purposes of Part 2 of Act

PART 1

PART 2

SCHEDULE 2

Specified Work

Acts Referred to

Central Bank Reform Act 2010 (No. 23)

Child Care Acts 1991 to 2015

Child Trafficking and Pornography Act 1998 (No. 22)

Children Act 1908 (8 Edw. 7, c. 67)

Children Act 2001 (No. 24)

Criminal Justice (Community Service) Act 1983 (No. 23)

Criminal Justice (Public Order) Act 1994 (No. 2)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law Amendment Act 1885 (48 & 49 Vict., c. 69)

Criminal Law Amendment Act 1935 (No. 6)

Data Protection Act 1988 (No. 25)

Defence Act 1954 (No. 18)

Dentists Act 1985 (No. 9)

Domestic Violence Act 1996 (No. 1)

Education Act 1998 (No. 51)

Employment Agency Act 1971 (No. 27)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms Acts 1925 to 2009

Firearms and Offensive Weapons Act 1990 (No. 12)

Garda Síochána Act 2005 (No. 20)

Health and Social Care Professionals Act 2005 (No. 27)

Intoxicating Liquor Act 1988 (No. 16)

Medical Practitioners Act 2007 (No. 25)

Misuse of Drugs Act 1977 (No. 12)

Misuse of Drugs Acts 1977 to 2015

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Nurses Act 1985 (No. 18)

Nurses and Midwives Act 2011 (No. 41)

Nursing Homes Support Scheme Act 2009 (No. 15)

Pharmacy Act 2007 (No. 20)

Private Security Services Act 2004 (No. 12)

Probation of Offenders Act 1907 (7 Edw. 7, c. 17)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Punishment of Incest Act 1908 (8 Edw. 7, c. 45)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 1968 (No. 25)

Road Traffic Acts 1961 to 2015

Road Traffic and Transport Act 2006 (No. 28)

Sexual Offences (Jurisdiction) Act 1996 (No. 38)

Taxi Regulation Act 2003 (No. 25)

Teaching Council Act 2001 (No. 8)

Number 4 of 2016

CRIMINAL JUSTICE (SPENT CONVICTIONS AND CERTAIN DISCLOSURES) ACT 2016

An Act to make provision for the limitation of the effect of certain criminal convictions in certain circumstances and after certain periods of time; to amend the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Garda Síochána Act 2005 ; and to provide for related matters.

[11 th February, 2016]

Be it enacted by the Oireachtas as follows: