Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
Number 4 of 2016
CRIMINAL JUSTICE (SPENT CONVICTIONS AND CERTAIN DISCLOSURES) ACT 2016
REVISED
Updated to 25 May 2018
This Revised Act is an administrative consolidation of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 4 of 2016
CRIMINAL JUSTICE (SPENT CONVICTIONS AND CERTAIN DISCLOSURES) ACT 2016
REVISED
Updated to 25 May 2018
CONTENTS
Preliminary and General
Section
1. Short title, collective citation, construction and commencement
Spent Convictions
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
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
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
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
Sexual Offences for purposes of Part 2 of Act
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
REVISED
Updated to 25 May 2018
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: