In this essay we’re continuing the theme explored in What Minor Convictions Do I Have to Disclose?
In our last essay we explored the critically important (and new) section 14A of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 - the new Irish vetting legislation, known until now as Garda vetting – and the convictions that the National Vetting Bureau – which talks about certain convictions that don’t have to be disclosed as part of the application for vetting disclosure.
In this essay we’re going to dig a lot deeper, and actually have a look at the specific offences that no longer need to be disclosed; as well as looking at the far longest list of the offences that will still need to be disclosed (known as 'Excluded Offences').
This is not a short essay.
In fact, it’s over 14,000 words long.
But it’s not long for the sake of length alone.
It’s long as it collects in one place, for the first time, all of the offences excluded from the operation of Section 14A of the vetting legislation.
It’s long because it links to the relevant underlying legislation (referred to as the excluded offence).
It’s long because we’ve lifted, word for word, the underlying legislation into the body of this essay.
And it’s long because we wanted to have, in one place, an easy to use guide that actually directs you to the source of the underlying matters referred to in the vetting legislation.
Seeing how we couldn’t find one such source easily, we decided we’d create this one – the intention is that it should be helpful to you.
HAMLET AND THE VETTING LEGISLATION
The title of this essay – To Disclose, or Not to Disclose? That is the Question, clearly draws on the great speech (To Be, or Not To Be) by a despondent Prince Hamlet in Shakespeare’s play of the same name.
As it says here, in the speech, the despondent Prince Hamlet contemplates death and suicide while waiting for Ophelia, the love of his life.
He bemoans the pain and unfairness of life but acknowledges the alternative might be still worse.
The speech functions within the play to explain Hamlet's hesitation to directly and immediately avenge of his father's murder (discovered in Act I) on his uncle, stepfather, and new king Claudius.
So, I hear you mutter, how is this relevant to vetting today?
Well, Shakespeare knew as well as we do today that, in life, people commit crimes, and that life doesn’t go always to plan. The despondent Prince Hamlet was all too familiar with this concept.
And, as Shakespeare writes, “there’s the rub”.
Today in Ireland we’re lucky enough to have decent, fit-for-purpose vetting legislation, which specifically deals with historic convictions, and how they should be viewed today.
Not quite Shakespearean in its language, the vetting legislation is nonetheless similarly hard to understand on occasions, at first reading.
But both texts are worth persevering with, albeit for different reasons. As Hamlet said:
To be or not to be-that is the question:
Whether 'tis nobler in the mind to suffer
The slings and arrows of outrageous fortune,
Or to take arms against a sea of troubles,
And, by opposing, end them. To die, to sleep-
No more-and by a sleep to say we end
The heartache and the thousand natural shocks
That flesh is heir to-'tis a consummation
Devoutly to be wished. To die, to sleep-
To sleep, perchance to dream. Aye, there's the rub,
For in that sleep of death what dreams may come,
When we have shuffled off this mortal coil,
Must give us pause. There's the respect
That makes calamity of so long life.
Hamlet, Act III, Scene 1
REMINDER: SECTION 14A – CONVICTIONS NOT REQUIRED TO BE DISCLOSED
Section 14A is a part of Part 3 of the vetting legislation which deals with the procedures for vetting disclosures. It replaces something called the ‘administrative filter’, which was a stop-gap mechanism to allow for proportionality and balance to be used in the consideration of what offences needed to be disclosed as part of the application for vetting disclosure. (Specifically it allowed for certain minor criminal offences to be removed from disclosures where the conviction was over 7 years old).
While the ‘administrative filter’ played its stop-gap role admirably, the legislators caught up with the gaps in the original 2012 vetting legislation, and came up with the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 – which effectively plugged the legislative gaps in the 2012 vetting legislation, thereby removing the need for the operation of the so-called ‘administrative filter’.
OFFENCES YOU DON’T HAVE TO DISCLOSE
Offences:
(a) under the Road Traffic Acts 1961 to 2014, other than section 53(2) of the Road Traffic Act 1961,
You can access the relevant section by clicking here.
Offences:
(b) under section 37A of the Intoxicating Liquor Act 1988,
S.37 INTOXICATING LIQUOR ACT 1988 POWERS OF GARDA SÍOCHÁNA IN RELATION TO CERTAIN OFFENCES
| Powers of Garda Síochána in relation to certain offences. | 37.—(1) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under section 31 , 32 or 33 of this Act is being or has been committed, the member concerned may seize, detain and remove, without warrant, any bottle or container which— | |
| (a) is in the possession, in a place other than a place used as an occupied private residence, of a person by or in respect of whom such member suspects the offence to have been committed and who appears to the member to be under the age of 18 years, and | ||
| (b) such member suspects, with reasonable cause, contains intoxicating liquor. | ||
| (2) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this Part has been committed, the member concerned may— | ||
| (a) (i) in the case of an offence under section 34 of this Act, request the person in respect of whom the offence was committed, if such person appears to the member to be a child, to provide the member with his name, address and age, or | ||
| (ii) in any other case, request the person by whom, or in respect of whom, such member suspects the offence to have been committed to provide such member with his name, address and age, or | ||
| (b) request the parent or, as the case may be, the guardian of the person by or in respect of whom the offence was committed to provide the name, address and age of that person. | ||
| (3) Where any person, who is requested by a member of the Garda Síochána, pursuant to subsection (2) of this section, to furnish to him a name, address and age, fails or refuses to furnish to the member the name, address or age, or furnishes a name, address or age that the member has reasonable grounds for believing to be false or misleading, the member may arrest such person without warrant and, if the person fails or refuses to furnish the member the name, address or age requested, or furnishes to the member a name, address or age which is false or misleading, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50. | ||
| (4) For the purposes of this section a member of the Garda Síochána may enter without warrant a place that is not a public place. |
You can access the relevant section by clicking here.
SS.4-9 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
(c) under section 4, 5, 6, 7, 8, 8A(4) or 9 of the Criminal Justice (Public Order) Act 1994.
These are convictions over 7 years for the following offences under the Public Order Act 1994:
INTOXICATION - SECTION 4 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
| Intoxication in public place. | 4.—(1) It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity. | |
| (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100. | ||
| (3) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents, which— | ||
| (a) is in the possession, in a place other than a place used as a dwelling, of a person by whom such member suspects the offence to have been committed, and | ||
| (b) such member suspects, with reasonable cause, contains an intoxicating substance: | ||
| Provided that, in the application of this subsection to section 5 or 6 , any such bottle or container, together with its contents, may only be so seized, obtained or removed where the member of the Garda Síochána suspects, with reasonable cause, that the bottle or container or its contents, is relevant to the offence under section 5 or 6 which the member suspects is being committed. | ||
| (4) In this section— | ||
| “bottle or container” does not include a bottle or container for a substance which is in the possession of the person concerned for a purpose other than the intoxication of that or any other person; | ||
| “intoxicated” means under the intoxicating influence of any alcoholic drink, drug, solvent or other substance or a combination of substances and cognate words shall be construed accordingly. |
You can access the relevant section by clicking here.
DISORDERLY CONDUCT – SECTION 5 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
| Disorderly conduct in public place. | 5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct— | |
| (a) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or | ||
| (b) at any other time, after having been requested by a member of the Garda Síochána to desist. | ||
| (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500. | ||
| (3) In this section “offensive conduct” means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour. |
You can access the relevant section by clicking here.
THREATENING, ABUSIVE OR INSULTING BEHAVIOR – SECTION 6 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
DISTRIBUTION OR DISPLAY OF MATERIAL WHICH IS OFFENSIVE – SECTION 7 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
FAILURE TO COMPLY WITH DIRECTION OF GARDA – SECTION 8 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
| Failure to comply with direction of member of Garda Síochána. | 8.—(1) Where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person— | |
| (a) is or has been acting in a manner contrary to the provisions of section 4 , 5 , 6 , 7 or 9 , or | ||
| (b) without lawful authority or reasonable excuse, is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, | ||
| the member may direct the person so suspected to do either or both of the following, that is to say: | ||
| (i) desist from acting in such a manner, and | ||
| (ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner. | ||
| (2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section. | ||
| (3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both. |
You can access the relevant section by clicking here.
POWER TO DIRECT PERSONS WHO ARE IN POSSESSION OF INTOXICATING SUBSTANCES, ETC – SECTION 8A CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
WILFUL OBSTRUCTION – SECTION 9 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
OFFENCES THAT MUST BE DISCLOSED
WHAT’S AN ‘EXCLUDED OFFENCE’
Section 14A (5) ‘excluded offence’ means—
(a) an offence specified in Schedule 3, or
Section 29 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 specifically changes / amends the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012, with the introduction of a new area in the vetting legislation, called ‘Schedule 3’. The list of offences which are excluded from the operation of Section 14A’s ability to allow them to be non-disclosed include but are not limited to: domestic violence, non-fatal offences against a person, cruelty to children, reckless endangerment of children, a variety of offences under professional dental / medical / nursing / pharmaceutical pieces of legislation; along with various firearms offences, the vast majority of drug offences (bar first time offences in certain circumstances and a number of public order offences.
EXCLUDED OFFENCES UNDER SECTION 14A
29. The Act of 2012 is amended by the insertion of the following Schedule after Schedule 2:
“SCHEDULE 3
Section 14A
Excluded Offences for Purposes of Section 14A
SCHEDULE 3 OFFENCE # 1: S.17 DOMESTIC VIOLENCE ACT 1996
1. An offence under section 17 of the Domestic Violence Act 1996.
SCHEDULE 3 OFFENCE # 2: NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
2. An offence under the Non-Fatal Offences against the Person Act 1997.
SCHEDULE 3 OFFENCE # 3: SECTION 246 OF THE CHILDREN ACT 2001 (CRUELTY TO CHILDREN)
3. An offence under section 246 of the Children Act 2001 (cruelty to children).
SCHEDULE 3 OFFENCE # 4: SECTION 176 OF THE CRIMINAL JUSTICE ACT 2006 (RECKLESS ENDANGERMENT OF CHILDREN)
4. An offence under section 176 of the Criminal Justice Act 2006 (reckless endangerment of children).
| Reckless endangerment of children. | 176.— (1) In this section— | |
| “ abuser ” means an individual believed by a person who has authority or control over that individual to have seriously harmed or sexually abused a child or more than one child; | ||
| “ child ” means a person under 18 years of age, except where the context otherwise requires; | ||
| “ serious harm ” means injury which creates a substantial risk of death or which causes permanent disfigurement or loss or impairment of the mobility of the body as a whole or of the function of any particular member or organ; | ||
| “ sexual abuse ” means an offence under paragraphs 1 to 13 and 16(a) and (b) of the Schedule to the Sex Offenders Act 2001 . | ||
| (2) A person, having authority or control over a child or abuser, who intentionally or recklessly endangers a child by— | ||
| (a) causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or | ||
| (b) failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation, | ||
| is guilty of an offence. | ||
| (3) Where a person is charged with an offence under subsection (2), no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions. | ||
| (4) A person guilty of an offence under this section is liable on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both. |
You can read the section here
SCHEDULE 3 OFFENCE # 5: SECTION 80 OF THE HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005
5. An offence under section 80 of the Health and Social Care Professionals Act 2005. You can access the relevant section by clicking here.
| 80.—(1) A person is guilty of an offence if, with intent to deceive, he or she— | ||
| (a) contravenes section 79 (4), | ||
| (b) falsely represents himself or herself to be registered in a register maintained by a registration board under this Act, or | ||
| (c) being registered in a division of a register maintained by a registration board under this Act, falsely represents himself or herself to be registered in a division of that register other than the division in which he or she is registered. | ||
| (2) A person is guilty of an offence if he or she, with intent that any person be deceived, causes or permits another person to make representations about the first mentioned person that, if made by himself or herself with intent to deceive, would be an offence under subsection (1). | ||
| (3) A person is guilty of an offence if he or she, with intent to deceive, makes with regard to another person any representation that— | ||
| (a) he or she knows to be false, and | ||
| (b) if made by the other person would be an offence by the other person under subsection (1). | ||
| (4) A person is guilty of an offence if he or she makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration under this Act. | ||
| (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both. |
SCHEDULE 3 OFFENCE # 6: SECTION 41 OF THE MEDICAL PRACTITIONERS ACT 2007
6. An offence under section 41 of the Medical Practitioners Act 2007.
You can access the relevant section by clicking here.
| 41.— (1) A person is guilty of an offence if the person— | ||
| (a) contravenes section 37 (a) or (b) or 40 (2), | ||
| (b) falsely represents to be a registered medical practitioner, or | ||
| (c) being a registered medical practitioner, falsely represents to be registered in a division of the register other than the division in which the person is registered. | ||
| (2) A person is guilty of an offence if the person causes or permits another person to make representations about the first-mentioned person that, if made by the first-mentioned person, would be an offence under subsection (1). | ||
| (3) A person is guilty of an offence if the person, with intent to deceive, makes with regard to another person any representation that— | ||
| (a) the first-mentioned person knows to be false, and | ||
| (b) if made by the other person would be an offence by the other person under subsection (1). | ||
| (4) A person is guilty of an offence if the person makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration. | ||
| (5) A person guilty of an offence under this section is liable— | ||
| (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, | ||
| (b) on conviction on indictment— | ||
| (i) in the case of a first offence, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 5 years or both, | ||
| (ii) in the case of any subsequent offence, to a fine not exceeding €320,000 or to imprisonment for a term not exceeding 10 years or both. | ||
| (6) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence. | ||
| (7) Where a person is convicted of an offence under this section, the court recording the conviction shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence. |
SCHEDULE 3 OFFENCE # 7: SECTION 44 OF THE NURSES AND MIDWIVES ACT 2011
7. An offence under section 44 of the Nurses and Midwives Act 2011.
You can access the relevant section by clicking here.
| 44.— (1) A person is guilty of an offence if the person— | ||
| (a) contravenes section 39 or 43 , | ||
| (b) falsely represents to be a registered nurse or registered midwife, or | ||
| (c) being a registered nurse or registered midwife, falsely represents to be registered in a division of the register of nurses and midwives other than the division in which the person is registered. | ||
| (2) A person is guilty of an offence if the person causes or permits another person to make representations about the first-mentioned person that, if made by the first-mentioned person, would be an offence under subsection (1). | ||
| (3) A person is guilty of an offence if the person, with intent to deceive, makes with regard to another person any representation that— | ||
| (a) the first-mentioned person knows to be false, and | ||
| (b) if made by the other person would be an offence by the other person under subsection (1). | ||
| (4) A person is guilty of an offence if the person makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration. | ||
| (5) A person is guilty of an offence if the person, with intent to deceive, makes use of any certificate issued to him or her or any other person under this Act. | ||
| (6) A person guilty of an offence under this section is liable— | ||
| (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, | ||
| (b) on conviction on indictment— | ||
| (i) in the case of a first offence, to a fine not exceeding €65,000 or to imprisonment for a term not exceeding 5 years or both, | ||
| (ii) in the case of any subsequent offence, to a fine not exceeding €160,000 or to imprisonment for a term not exceeding 10 years or both. | ||
| (7) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence. | ||
| (8) Where a person is convicted of an offence under this section, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence. |
SCHEDULE 3 OFFENCE # 8: SECTION 49 OF THE NURSES ACT 1985
8. An offence under section 49 of the Nurses Act 1985.
You can access the relevant section by clicking here.
SCHEDULE 3 OFFENCE # 9: SECTIONS 50 & 51 DENTISTS ACT 1985
9. Any offence under the following provisions of the Dentists Act 1985:
(a) section 50;
Prohibition on use of titles by unregistered persons
| 50.—(1) A person who is not a registered dentist shall not take or use the title of dentist, dental surgeon or dental practitioner and a person, who is not a registered dentist, shall not take or use any title or description which implies that he is a registered dentist. (2) A person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment. |
(b) section 51.
Prohibition on practice of dentistry by unregistered persons.
| 51.—(1) Subject to the provisions of this section, it shall not be lawful, on or after the date of the passing of this Act, for any person— | ||
| (a) to practise dentistry, or | ||
| (b) to represent or hold himself out, whether directly or by implication, as practising, or being willing and ready to practise, dentistry, | ||
| unless such person is a registered dentist. | ||
| (2) The provisions of subsection (1) (a) of this section shall not operate to prohibit— | ||
| (a) the practice of dentistry by a registered medical practitioner, or | ||
| (b) the performance of dental work by an auxiliary dental worker in accordance with conditions specified in a scheme made by the Council, with the approval of the Minister, under section 53 of this Act, or | ||
| (c) the practice of dentistry under the supervision of a registered dentist by— | ||
| (i) a student of dentistry at a body referred to in the Second Schedule to this Act, or | ||
| (ii) a student of medicine at a body in the State recognised by the Medical Council for the purposes of section 35 (a) of the Medical Practitioners Act, 1978 , | ||
| while such student is in the course of instruction or is taking an examination, or | ||
| (d) the performance of dental work under the supervision of a registered dentist by any person as part of a course of instruction which he is following in order to qualify for membership of a class of auxiliary dental worker recognised by the Council or as part of an examination required to be passed in order to qualify for membership of such class of auxiliary dental worker. | ||
| (3) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment. | ||
| (4) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence. |
You can access the relevant section by clicking here for section 50 and here for section 51.
SCHEDULE 3 OFFENCE # 10: SECTION 32 OF THE PHARMACY ACT 2007
10. An offence under section 32 of the Pharmacy Act 2007.
You can access the relevant section by clicking here.
SCHEDULE 3 OFFENCE # 11: SECTION 15 TEACHING COUNCIL ACT 2001
11. An offence under section 56 of the Teaching Council Act 2001.
You can access the relevant section by clicking here.
SCHEDULE 3 OFFENCE # 12: OFFENCE UNDER THE FIREARMS ACT 1925
12. An offence under the Firearms Act 1925.
You can access the relevant legislation by clicking here.
SCHEDULE 3 OFFENCE # 13: OFFENCE UNDER THE FIREARMS ACT 1964
13. An offence under the Firearms Act 1964.
You can access the relevant legislation by clicking here.
SCHEDULE 3 OFFENCE # 14: OFFENCE UNDER THE FIREARMS AND OFFENSIVE WEAPONS ACT 1990
14. An offence under the Firearms and Offensive Weapons Act 1990.
You can access the relevant legislation by clicking here.
SCHEDULE 3 OFFENCE # 15: SECTION 31 OR 32 OF THE INTOXICATING LIQUOR ACT 1988
15. An offence under section 31 or 32 of the Intoxicating Liquor Act 1988.
Section 31:
Sale of intoxicating liquor to persons under the age of 18 years
Section 32
Provision of intoxicating liquor for persons under the age of 18 years.
You can access the relevant section 31 by clicking here and section 32 by clicking here.
SCHEDULE 3 OFFENCE # 16: OFFENCE UNDER THE MISUSE OF DRUGS ACTS 1977 TO 2015 (NOT S.3 FIRST OFFENCES)
16. An offence under the Misuse of Drugs Acts 1977 to 2015, other than a first offence under section 3 of the Misuse of Drugs Act 1977.
You can access the relevant section by clicking here.
SCHEDULE 3 OFFENCE # 17: SECTIONS 14-19 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
17. An offence under section 14, 15, 16, 17, 18 or 19 of the Criminal Justice (Public Order) Act 1994
RIOT: SECTION 14 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994:
You can access the relevant section by clicking here.
VIOLENT DISORDER: SECTION 15 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
AFFRAY: SECTION 16 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
BLACKMAIL, EXTORTION AND DEMANDING MONEY WITH MENACES: SECTION 17 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
ASSAULT WITH INTENT TO CAUSE BODILY HARM OR COMMIT INDICTABLE OFFENCE: SECTION 18 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
You can access the relevant section by clicking here.
ASSAULT OR OBSTRUCTION OF PEACE OFFICER: SECTION 19 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
| Assault or obstruction of peace officer. | 19.—(1) Any person who— | |
| (a) assaults a peace officer acting in the execution of the peace officer's duty, knowing that he is, or being reckless as to whether he is, a peace officer acting in the execution of his duty, or | ||
| (b) assaults any other person acting in the aid of a peace officer, or | ||
| (c) assaults any other person with intent to resist or prevent the lawful apprehension or detention of himself or any other person for any offence, | ||
| shall be guilty of an offence. | ||
| (2) A person guilty of an offence under subsection (1) shall be liable— | ||
| (a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both, | ||
| (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both. | ||
| (3) Any person who resists or wilfully obstructs a peace officer acting in the execution of his duty or a person assisting a peace officer in the execution of his duty, knowing that he is or being reckless as to whether he is, a peace officer acting in the execution of his duty, shall be guilty of an offence. | ||
| (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both. | ||
| (5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer. | ||
| (6) In this section— | ||
| “peace officer” means a member of the Garda Síochána, a prison officer or a member of the Defence Forces; | ||
| “prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ; | ||
| “prison officer” includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in prison. |
You can access the relevant section by clicking here.
PART 1 OR 2 OF SCHEDULE 1 OF THE CRIMINAL JUSTICE (SPENT CONVICTIONS AND CERTAIN DISCLOSURES) ACT 2016
Section 14A (5) ‘excluded offence’ means—
(b) an offence specified in Schedule 3, or
an offence specified in Part 1 or 2 of Schedule 1 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.
SEXUAL OFFENCES FOR PURPOSES OF PART 2 OF ACT
Section 5
1. Each of the offences referred to in Part 2 of this Schedule shall, subject to paragraphs 2, 3 and 4 of this Part be a sexual offence for the purposes of Part 2 of this Act.
Essentially this allows certain offences to be considered as ‘spent’ under the part of the legislation which deals with which convictions are considered spent, or not (Part 2 (called “Spent Convictions’) of the legislation includes sections 4 to 13 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016).
(a) paragraph 2 of Part 2 (sexual assault or indecent assault), other than an offence of sexual assault or indecent assault of a person who, at the time of the commission of the offence, was mentally impaired within the meaning of section 5 of the Criminal Law (Sexual Offences) Act 1993,
(b) paragraph 5 of Part 2 (incest by males),
(c) paragraph 6 of Part 2 (incest by females of or over 17 years of age), or
(d) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in subparagraph (a), (b) or (c),
shall not be a sexual offence for the purposes of Part 2 of this Act if—
(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the commission of the offence, 17 years or older, and
(ii) the person guilty of the offence has not, in respect of the offence, been sentenced to any punishment involving deprivation of liberty for a limited or unlimited period of time or been made subject to any measure involving such deprivation of liberty.
(a) paragraph 10 of Part 2 (defilement of girl between 15 and 17 years of age),
(b) paragraph 12 of Part 2 (buggery of persons under 17 years of age),
(c) paragraph 13 of Part 2 (gross indecency with males under 17 years of age), or
(d) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in subparagraph (a), (b) or (c),
shall not be a sexual offence for the purposes of Part 2 of this Act if—
(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the commission of the offence, 15 years or older but less than 17 years, and
(ii) the person guilty of the offence was aged, at that date, not more than 3 years older than that victim or other party.
(a) paragraph 8 of Part 2 (defilement of child under the age of 17 years), or
(b) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in subparagraph (a),
shall not be a sexual offence for the purposes of Part 2 of this Act if the person who is convicted of the offence was at the date of the commission of the offence, not more than 24 months older than the child with whom he or she engaged or attempted to engage in a sexual act within the meaning of section 1 of the Criminal Law (Sexual Offences) Act 2006.
1. Rape.
2. Sexual assault
(whether the offence of which the person was convicted was known by that name or by the name “indecent assault upon a female person” or “indecent assault upon a male person”).
3. Aggravated sexual assault within the meaning of section 3 of the Criminal Law (Rape) (Amendment) Act 1990.
You can access the relevant section by clicking here.
4. Rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990.
| Rape under section 4 . | 4.—(1) In this Act “rape under section 4 ” means a sexual assault that includes— | |
| (a) penetration (however slight) of the anus or mouth by the penis, or | ||
| (b) penetration (however slight) of the vagina by any object held or manipulated by another person. | ||
| (2) A person guilty of rape under section 4 shall be liable on conviction on indictment to imprisonment for life. | ||
| (3) Rape under section 4 shall be a felony. |
You can access the relevant section by clicking here.
5. An offence under section 1 of the Punishment of Incest Act 1908 (incest by males).
You can access the relevant section by clicking here.
6. An offence under section 2 of the Punishment of Incest Act 1908 (incest by females of or over 17 years of age).
You can access the relevant section by clicking here.
7. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under 15 years of age).
You can access the relevant section by clicking here.
8. An offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under the age of 17 years).
| Defilement of child under the age of 17 years. | 3.— (1) Any person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject tosubsection (3), be liable on conviction on indictment— | |
| (a) to imprisonment for a term not exceeding 5 years, or | ||
| (b) if he or she is a person in authority, to imprisonment for a term not exceeding 10 years. | ||
| (2) Any person who attempts to engage in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject tosubsection (4) be liable on conviction on indictment— | ||
| (a) to imprisonment for a term not exceeding 2 years, or | ||
| (b) if he or she is a person in authority, to imprisonment for a term not exceeding 4 years. | ||
| (3) A person who has been convicted of an offence under subsection (1) shall, in respect of any subsequent conviction of an offence under that subsection, be liable on conviction on indictment— | ||
| (a) to imprisonment for a term not exceeding 10 years, or | ||
| (b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years. | ||
| (4) A person who has been convicted of an offence under subsection (2) shall, in respect of any subsequent conviction of an offence under that subsection be liable on conviction on indictment— | ||
| (a) to imprisonment for a term not exceeding 4 years, or | ||
| (b) if he or she is a person in authority, to imprisonment for a term not exceeding 7 years. | ||
| (5) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years. | ||
| (6) Where, in proceedings for an offence under this section, it falls to the court to consider whether the defendant honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years, the court shall have regard to the presence or absence of reasonable grounds for the defendant’s so believing and all other relevant circumstances. | ||
| (7) It shall not be a defence to proceedings for an offence under this section for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted. | ||
| (8) An offence under subsection (2) shall be an arrestable offence for the purposes of the Criminal Law Act 1997 . | ||
| (9) No proceedings for an offence under this section against a child under the age of 17 years shall be brought except by, or with the consent of, the Director of Public Prosecutions. | ||
| (10) A person who— | ||
| (a) has been convicted of an offence under this section, and | ||
| (b) is not more than 24 months older than the child under the age of 17 years with whom he or she engaged or attempted to engage in a sexual act, | ||
| shall not be subject to the provisions of the Sex Offenders Act 2001 . |
You can access the relevant section by clicking here.
9. An offence under section 1 of the Criminal Law Amendment Act 1935 (defilement of girl under 15 years of age).
| Defilement of girl under fifteen years of age. | 1.—(1) Any person who unlawfully and carnally knows any girl under the age of fifteen years shall be guilty of a felony, and shall be liable on conviction thereof to penal servitude for life or for any term not less than three years or to imprisonment for any term not exceeding two years. | |
| (2) Any person who attempts to have unlawful carnal knowledge of any girl under the age of fifteen years shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to penal servitude for any term not exceeding ten years nor less than three years or to imprisonment for any term not exceeding two years. |
You can access the relevant section by clicking here.
10. An offence under section 2 of the Criminal Law Amendment Act 1935 (defilement of girl between 15 and 17 years of age).
| Defilement of girl between fifteen and seventeen years of age. | 2.—(1) Any person who unlawfully and carnally knows any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to any term of penal servitude not exceeding ten years nor less than three years or to imprisonment for any term not exceeding two years. | |
| (2) Any person who attempts to have unlawful carnal knowledge of any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour, and shall be liable, in the case of a first conviction of such misdemeanour, to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years. | ||
| (3) No prosecution for an offence which is declared by this section to be a misdemeanour shall be commenced more than twelve months after the date on which such offence is alleged to have been committed. |
You can access the relevant section by clicking here.
11. An offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 (soliciting or importuning for purposes of commission of sexual offence).
| Soliciting or importuning for purposes of commission of sexual offence. | 6.—A person who solicits or importunes another person for the purposes of the commission of an act which would constitute an offence under section 3 , 4 or 5 of this Act or section 1 or 2 of the Criminal Law Amendment Act, 1935 , shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both. |
You can access the relevant section by clicking here.
12. An offence under section 3 of the Criminal Law (Sexual Offences) Act 1993 (buggery of persons under 17 years of age).
| Buggery of persons under 17 years of age. | 3.—A person who commits or attempts to commit an act of buggery with a person under the age of 17 years (other than a person to whom he is married or to whom he believes with reasonable cause he is married) shall be guilty of an offence and shall be liable on conviction on indictment to— | |
| (a) in the case of an act of buggery with a person under the age of 15 years, imprisonment for life, | ||
| (b) in the case of an attempt to commit an act of buggery with a person under the age of 15 years, imprisonment for a term not exceeding 5 years in the case of a first conviction, and in the case of a second or any subsequent conviction imprisonment for a term not exceeding 10 years, | ||
| (c) in the case of an act of buggery with a person of or over the age of 15 years and under the age of 17 years, imprisonment for a term not exceeding 5 years in the case of a first conviction, and in the case of a second or any subsequent conviction imprisonment for a term not exceeding 10 years, and | ||
| (d) in the case of an attempt to commit an act of buggery with a person of or over the age of 15 years and under the age of 17 years, imprisonment for a term not exceeding 2 years in the case of a first conviction, and in the case of a second or any subsequent conviction imprisonment for a term not exceeding 5 years. |
You can access the relevant section by clicking here.
13. An offence under section 4 of the Criminal Law (Sexual Offences) Act 1993 (gross indecency with males under 17 years of age).
| Gross indecency with males under 17 years of age. | 4.—A male person who commits or attempts to commit an act of gross indecency with another male person under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years. |
You can access the relevant section by clicking here.
14. An offence under section 11 of the Criminal Law Amendment Act 1885 (acts of gross indecency).
You can access the relevant section by clicking here.
15. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 (protection of mentally impaired persons).
You can access the relevant section by clicking here.
16. An offence under section 4 of the Criminal Law Amendment Act 1935 (defilement of mentally impaired females).
| Defilement of idiots, imbeciles, and feebleminded females. | 4.—(1) Any person who, in circumstances which do not amount to rape, unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any woman or girl who is an idiot, or an imbecile, or is feeble-minded shall, if the circumstances prove that such person knew at the time of such knowledge or attempt that such woman or girl was then an idiot or an imbecile or feeble-minded (as the case may be), be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years. | |
| (2) No prosecution for an offence which is declared by this section to be a misdemeanour shall be commenced more than twelve months after the date on which such offence is alleged to have been committed. |
You can access the relevant section by clicking here.
17. An offence under any of the following provisions of the Child Trafficking and Pornography Act 1998:
1. An offence under any of the following provisions of the Child Trafficking and Pornography Act 1998:
(a) section 3 (child trafficking and taking, etc., child for sexual exploitation);
| Child trafficking and taking, etc., child for sexual exploitation. | 3.— (1) Any person who organises or knowingly facilitates— | |
| (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or | ||
| (b) the provision of accommodation for a child for such a purpose while in the State, | ||
| shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life. | ||
| (2) Any person who— | ||
| (a) takes, detains, or restricts the personal liberty of, a child for the purpose of his or her sexual exploitation, | ||
| (b) uses a child for such a purpose, or | ||
| (c) organises or knowingly facilitates such taking, detaining, restricting or use, | ||
| shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years. | ||
| (3) In this section “sexual exploitation” means— | ||
| (a) inducing or coercing the child to engage in prostitution or the production of child pornography, | ||
| (b) using the child for prostitution or the production of child pornography, | ||
| (c) inducing or coercing the child to participate in any sexual activity which is an offence under any enactment, or | ||
| (d) the commission of any such offence against the child. |
You can access the relevant section by clicking here.
(b) section 4 (allowing child to be used for child pornography);
| Allowing child to be used for child pornography. | 4.—(1) Without prejudice to section 3 , any person who, having the custody, charge or care of a child, allows the child to be used for the production of child pornography shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £25,000 or to imprisonment for a term not exceeding 14 years or both. | |
| (2) For the purposes of this section— | ||
| (a) any person who is the parent or guardian of a child or who is liable to maintain a child shall be presumed to have the custody of the child and, as between parents, one parent shall not be deemed to have ceased to have the custody of the child by reason only that he or she has deserted, or does not reside with, the other parent and child, | ||
| (b) any person to whose charge a child is committed by any person who has the custody of the child shall be presumed to have charge of the child, and | ||
| (c) any person exercising authority over or having actual control of a child shall be presumed to have care of the child. |
You can access the relevant section by clicking here.
(c) section 5 (producing, distributing, etc., child pornography);
| Producing, distributing, etc., child pornography. | 5.—(1) Subject to sections 6 (2) and 6 (3), any person who— | |
| (a) knowingly produces, distributes, prints or publishes any child pornography, | ||
| (b) knowingly imports, exports, sells or shows any child pornography, | ||
| (c) knowingly publishes or distributes any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, prints, publishes, imports, exports, sells or shows any child pornography, | ||
| (d) encourages or knowingly causes or facilitates any activity mentioned in paragraph (a), (b) or (c), or | ||
| (e) knowingly possesses any child pornography for the purpose of distributing, publishing, exporting, selling or showing it, | ||
| shall be guilty of an offence and shall be liable— | ||
| (i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both, or | ||
| (ii) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or both. | ||
| (2) In this section “distributes”, in relation to child pornography, includes parting with possession of it to, or exposing or offering it for acquisition by, another person, and the reference to “distributing” in that context shall be construed accordingly. |
You can access the relevant section by clicking here.
(d) section 6 (possession of child pornography).
| Possession of child pornography. | 6.—(1) Without prejudice to section 5 (1)(e) and subject to subsections (2) and (3), any person who knowingly possesses any child pornography shall be guilty of an offence and shall be liable— | |
| (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both, or | ||
| (b) on conviction on indictment to a fine not exceeding £5,000 or to imprisonment for a term not exceeding 5 years or both. | ||
| (2) Section 5 (1) and subsection (1) shall not apply to a person who possesses child pornography— | ||
| (a) in the exercise of functions under the Censorship of Films Acts, 1923 to 1992, the Censorship of Publications Acts, 1929 to 1967, or the Video Recordings Acts, 1989 and 1992, or | ||
| (b) for the purpose of the prevention, investigation or prosecution of offences under this Act. | ||
| (3) Without prejudice to subsection (2), it shall be a defence in a prosecution for an offence under section 5 (1) or subsection (1) for the accused to prove that he or she possessed the child pornography concerned for the purposes of bona fide research. |
18. An offence under the Criminal Law (Human Trafficking) Act 2008...
in so far as the offence is committed for the purposes of the sexual exploitation, within the meaning of that Act, of a person.
You can access the relevant legislation by clicking here.
19. An offence under section 249 of the Children Act 2001 (causing or encouraging sexual offence upon child).
| Causing or encouraging sexual offence upon child. | 249.—(1) A person is guilty of an offence if, having the custody, charge or care of a child, he or she causes or encourages unlawful sexual intercourse or buggery with the child or causes or encourages the seduction or prostitution of, or a sexual assault on, the child. | |
| (2) A person found guilty of an offence under this section shall be liable on conviction on indictment to a fine not exceeding £25,000 or imprisonment for a term not exceeding 10 years or both. | ||
| (3) For the purposes of this section a person shall be deemed to have caused or encouraged— | ||
| (a) unlawful sexual intercourse or buggery with any child with whom unlawful sexual intercourse or buggery has taken place, or | ||
| (b) the seduction or prostitution of a child who has been seduced or become a prostitute or a sexual assault on a child who has been sexually assaulted, | ||
| if the person has knowingly allowed the child to consort with, or to enter or continue in the employment of, any prostitute or keeper of a brothel. | ||
| (4) In this section— | ||
| “child” means a child under 17 years of age; | ||
| “keeper of a brothel” means a person referred to in section 11 (which relates to brothel keeping) of the Criminal Law (Sexual Offences) Act, 1993 ; | ||
| “sexual assault” has the meaning assigned to it by the Criminal Law (Rape) (Amendment) Act, 1990 . | ||
| (5) References in this section to sexual intercourse shall be construed as references to carnal knowledge as defined in section 63 of theOffences against the Person Act, 1861 . |
You can access the relevant section by clicking here.
20. An offence under section 17 of the Children Act 1908 (causing or encouraging sexual offence upon child).
You can access the relevant section by clicking here.
21. An offence under section 3 of the Criminal Law Amendment Act 1885 (procuring defilement of woman by threats or fraud or administering drugs).
| Procuring defilement of woman by threats or fraud or administering drugs. 25 & 26 Vict. c. 18. | 3. Any person who— | |
| (1.) By threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connexion either within or without the Queen’s dominions; or | ||
| (2.) By false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connexion, either within or without the Queen’s dominions; or | ||
| (3.) Applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with such woman or girl, | ||
| shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. | ||
| Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. |
You can access the relevant section by clicking here.
22. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 (sexual offences committed outside the State)...
in so far as it relates to an offence specified in the Schedule to that Act that is also specified in this Schedule to the extent that it is so specified.
| Sexual offences committed outside State. | 2.—(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (“the place”), against or involving a child which— | |
| (a) constitutes an offence under the law of the place, and | ||
| (b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act, | ||
| he or she shall be guilty of the second-mentioned offence. | ||
| (2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue ofsubsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence. | ||
| (3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence. | ||
| (4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence. | ||
| (5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence. | ||
| (6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence. | ||
| (7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence. |
You can access the relevant section by clicking here.
ATTEMPTING TO COMMIT, AIDING, ABETTING, COUNSELLING, PROCURING, INCITING, CONSPIRING IN COMMITAL OF AN OFFENCE
23. An offence consisting of attempting to commit an offence referred to in any of the paragraphs of this Part of this Schedule (other than such an offence that itself consists of an attempt to do a particular act).
24. An offence consisting of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in any of the paragraphs of this Part of this Schedule (other than an offence referred to in paragraph 23 in so far as the offence itself consists of procuring a particular act).
25. An offence consisting of conspiracy to commit an offence referred in any paragraph of this Part of this Schedule.
SUMMARY
Section 14A of the vetting legislation allows certain minor offences to be deliberately not disclosed on a vetting application, so long as certain conditions are met.
Offences which are specifically required to be disclosed are called ‘Excluded Offences’ (as they’re excluded from the list of offences that don’t have to be disclosed in certain limited circumstances).
Excluded Offences come from two main sources in the vetting legislation.
The first source is Schedule 3 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, which is a list of specific offences from a wide range of legislation, all of which are classified as ‘Excluded Offences’ for the purposes of the vetting legislation.
The second source of Excluded Offences is the list of offences set out in Part 1 or 2 of Schedule 1 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. Schedule 1 is relatively complex. But essentially Part 2 lists out a number of sexual offences, and Part 1 indicates whether or not those offences are counted as sexual offences in the specific circumstances set out in Part 1.
This essay is for general information purposes only and does not constitute legal or other professional advice.
Specific legal advice from a firm of solicitors should always be sought on the application of the law in any particular situation.
Whilst all reasonable endeavours have been made to ensure the accuracy of the content, no liability whatsoever is accepted for any omissions or errors or for any action taken in reliance of the information in this essay.
