LegalizeReform history
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
2 versions
· 2016-02-11
2025-04-02
IE-2016-act-4 — consolidated version 2025-04-02
Changes on 2025-04-02
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# Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
## PART 1 Preliminary and General
##### 1. **Short title, collective citation, construction and commencement**
##### 1.. **Short title, collective citation, construction and commencement**
**1.** (1) This Act may be cited as the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.
@@ -10,17 +8,17 @@
(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
##### 2. **Definition**
##### 2.. **Definition**
**2.**In this Act “Minister” means the Minister for Justice and Equality.
##### 3. **Expenses**
##### 3.. **Expenses**
**3.** The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
## PART 2 Spent Convictions
##### 4. **Interpretation**
##### 4.. **Interpretation**
**4.** (1) In this Part —
@@ -104,7 +102,7 @@
shall, as so affirmed or varied by the Circuit Court be treated as if it were a conviction imposed by the District Court.
##### 5. **Convictions which may be regarded as spent in certain circumstances**
##### 5.. **Convictions which may be regarded as spent in certain circumstances**
**5.** (1) Where a person is convicted of an offence, whether before or after the commencement of this Part, and the conditions specified in *subsection (2)* are satisfied, then subject to provisions of this Part, the conviction may be regarded as a spent conviction.
@@ -128,9 +126,9 @@
(b) section 37A of the Intoxicating Liquor Act 1988,
(c) section 4, 5, 6, 7, 8, 8A(4) or 9 of the Criminal Justice (Public Order) Act 1994.
##### 6. **General effect of spent conviction**
(c) section 4, 5, 6, F1[6A,] 7, F1[7A,]8, 8A(4) or 9 of the Criminal Justice (Public Order) Act 1994.
##### 6.. **General effect of spent conviction**
**6.** (1) Subject to the provisions of this Part, where a person has a conviction which is, in accordance with this Part, regarded as a spent conviction, he or she shall not be required by—
@@ -146,7 +144,7 @@
(b) the person shall not incur any liability or be otherwise prejudiced in law because he or she did not disclose the spent conviction or the circumstances ancillary to that conviction.
##### 7. **General effect of spent conviction — court proceedings**
##### 7.. **General effect of spent conviction — court proceedings**
**7.** (1) Subject to *subsections (2)* and *(3)*, in any proceedings before a court—
@@ -170,7 +168,7 @@
(f) in any proceedings in which the person is a party or a witness, if he or she, on the occasion when the issue or the admission or requirement of the evidence falls to be determined, consents to the determination of the issue or, as may be appropriate, the admission or requirement of the evidence relating to his or her spent conviction or to the circumstances ancillary to the conviction, as the case may be.
##### 8. **Limitation of *section 6***
##### 8.. **Limitation of section 6**
**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—
@@ -198,7 +196,7 @@
(4) This Part is without prejudice to a person’s right to disclose his or her previous convictions or the circumstances ancillary thereto.
##### 9. **Information sought by state other than the State**
##### 9.. **Information sought by state other than the State**
**9.** A person who has a conviction which is, in accordance with this Part, regarded as a spent conviction, shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction where—
@@ -206,7 +204,7 @@
(b) he or she is within the State but the information sought relates to a matter being dealt with pursuant to the law of a state other than the State.
##### 10. **Disclosure required for work**
##### 10.. **Disclosure required for work**
**10.** (1) *Section 6* shall not apply where a person—
@@ -250,7 +248,7 @@
(5) For the purposes of *subsection (4)*, the Civil Service and other public service bodies shall be deemed to be a single employer.
##### 11. **Disclosure required for certain licences, etc.**
##### 11.. **Disclosure required for certain licences, etc.**
**11.** (1) Without prejudice to any other enactment which provides for the disclosure of a person’s criminal convictions as part of an application by or on behalf of the person for a licence, permit or any other form of authorisation, approval or registration, *section 6* shall not apply where a person applies in his or her own right or as a party to an application—
@@ -272,11 +270,23 @@
(2) In this section a reference to an application for a licence, permit or any other form of authorisation, approval or registration includes a reference to an application for a renewal, extension or variation of such a licence, permit or other form of authorisation, approval or registration.
##### 12. **Disclosure by Garda Síochána of criminal records held**
**12.** Without prejudice to any other enactment which provides for the making of applications for the disclosure of personal data (within the meaning of the Data Protection Act 1988), where a person makes a request to the Garda Síochána for a copy of his or her criminal record, the Garda Síochána shall provide information regarding the person’s spent convictions (if any) and, in so far as it is appropriate, circumstances ancillary to those convictions separately from information concerning that person’s other convictions (if any).
##### 13. **Transitional provision**
##### 12.. **Disclosure by Garda Síochána of criminal records held**
**12.** F2[(1)] Without prejudice to any other enactment which provides for the making of applications for the disclosure of personal data F3[…], where a person makes a request to the Garda Síochána for a copy of his or her criminal record, the Garda Síochána shall provide information regarding the person’s spent convictions (if any) and, in so far as it is appropriate, circumstances ancillary to those convictions separately from information concerning that person’s other convictions (if any).
F2[(2) In this section—
"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^52on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
"personal data" means personal data within the meaning of—
(a) theData Protection Act 1988,
(b) the Data Protection Regulation, or
(c) Part 5 of the Data Protection Act 2018.]
##### 13.. **Transitional provision**
**13.** This Part applies to a response given on or after the commencement of this Part to—
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## PART 3 Amendment of Act of 2012
##### 14. **Definition for purposes of Part**
##### 14.. **Definition for purposes of Part**
**14.** In this Part “Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.
##### 15. **Amendment of section 3 of Act of 2012**
##### 15.. **Amendment of section 3 of Act of 2012**
**15.** Section 3(1) of the Act of 2012 is amended by—
@@ -302,11 +312,11 @@
“(d) the employment of, or entering into a contract for services with, a person either by or on behalf of the State Examinations Commission, for the purposes of the performance by the person on a temporary basis of any functions in respect of the conduct and delivery of examinations to which Part VIII of the Education Act 1998 applies.”.
##### 16. **Amendment of section 7 of Act of 2012**
##### 16.. **Amendment of section 7 of Act of 2012**
**16.** Section 7 of the Act of 2012 is amended, in subsection (2)(f), by the substitution of “scheduled organisations” for “scheduled bodies”.
##### 17. **Amendment of section 9 of Act of 2012**
##### 17.. **Amendment of section 9 of Act of 2012**
**17.** Section 9 of the Act of 2012 is amended—
@@ -320,7 +330,7 @@
“(9) A person shall not be obliged to provide details of any convictions to which section 14A applies.”.
##### 18. **Amendment of section 12 of Act of 2012**
##### 18.. **Amendment of section 12 of Act of 2012**
**18.** Section 12 of the Act of 2012 is amended by—
@@ -344,7 +354,7 @@
(c) any employment, contract, permission or placement, including a casual or part-time recurring but non-continuous employment which was not entered into before the commencement of this Act but in respect of which a relevant organisation had, before that commencement, requested and received vetting information in respect of the person who was the subject of the employment, contract, permission or placement concerned from the national unit of the Garda Síochána known as the Garda Central Vetting Unit.”.
##### 19. **Amendment of section 13 of Act of 2012**
##### 19.. **Amendment of section 13 of Act of 2012**
**19.** Section 13 of the Act of 2012 is amended—
@@ -366,7 +376,7 @@
“(6A) A person shall not be obliged to provide details of any convictions to which section 14A applies.”.
##### 20. **Amendment of section 14 of Act of 2012**
##### 20.. **Amendment of section 14 of Act of 2012**
**20.** Section 14 of the Act of 2012 is amended—
@@ -376,11 +386,11 @@
“(4A) Where a person who is the subject of an application for vetting disclosure has a conviction to which section 14A applies, the conviction shall be excluded from the vetting disclosure made by the Bureau in respect of the person.”.
##### 21. **Certain convictions are not required to be disclosed**
##### 21.. **Certain convictions are not required to be disclosed**
**21.** The Act of 2012 is amended by the insertion of the following section after section 14:
**“14A.** (1) This section applies to a conviction by the District Court of a person in respect of an offence where the following conditions are met in respect of the conviction:
“**14A.** (1) This section applies to a conviction by the District Court of a person in respect of an offence where the following conditions are met in respect of the conviction:
(a) the person to whom the conviction relates shall be a natural person and shall have attained the age of 18 years at the date of the commission of the offence which is the subject of the conviction concerned;
@@ -420,7 +430,7 @@
shall, as so affirmed or varied by the Circuit Court be treated as if it were a conviction of the District Court.”.
##### 22. **Amendment of section 16 of Act of 2012**
##### 22.. **Amendment of section 16 of Act of 2012**
**22.** Section 16 of the Act of 2012 is amended—
@@ -438,7 +448,7 @@
(c) in subsection (3), by the substitution of “otherwise than in accordance with this Act or as otherwise authorised by law” for “otherwise than in accordance with this Act”.
##### 23. **Amendment of section 20 of Act of 2012**
##### 23.. **Amendment of section 20 of Act of 2012**
**23.** Section 20 of the Act of 2012 is amended—
@@ -452,7 +462,7 @@
(b) in subsection (3), by the substitution of “without reasonable excuse fails to comply with” for “contravenes”.
##### 24. **Amendment of section 21 of Act of 2012**
##### 24.. **Amendment of section 21 of Act of 2012**
**24.** Section 21 of the Act of 2012 is amended—
@@ -460,7 +470,7 @@
(b) in subsection (3), by the substitution of “without reasonable excuse fails to comply with” for “contravenes”.
##### 25. **Amendment of section 31 of Act of 2012**
##### 25.. **Amendment of section 31 of Act of 2012**
**25.** Section 31 of the Act of 2012 is amended by—
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## PART 4 Miscellaneous
##### 26. **Amendment of Garda Síochána Act 2005**
##### 26.. **Amendment of Garda Síochána Act 2005**
**26.** The Garda Síochána Act 2005 is amended by the insertion of the following section after section 127:
**“Regulations relating to fees for provision of vetting services**
“**Regulations relating to fees for provision of vetting services**
**127A.** The Minister may—
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make regulations prescribing fees in relation to the provision of vetting services in accordance with section 7(l).”.
##### 27. **Amendment of Schedule 1 to Act of 2012**
##### 27.. **Amendment of Schedule 1 to Act of 2012**
**27.** Schedule 1 to the Act of 2012 is amended—
@@ -496,13 +506,13 @@
(b) in paragraph 7 of Part 2, by the substitution of “any religious beliefs to vulnerable persons unless such work or activity is merely incidental to the advancement of religious beliefs to persons who are not vulnerable persons” for “any religious beliefs”.
##### 28. **Amendment of Schedule 2 to Act of 2012**
##### 28.. **Amendment of Schedule 2 to Act of 2012**
**28.** Schedule 2 to the Act of 2012 is amended by the insertion of the following paragraph after paragraph 11:
“12. The Garda Síochána Ombudsman Commission.”.
##### 29. **Excluded offences for purposes of section 14A**
##### 29.. **Excluded offences for purposes of section 14A**
**29.** The Act of 2012 is amended by the insertion of the following Schedule after Schedule 2:
@@ -550,154 +560,3 @@
17. An offence under section 14, 15, 16, 17, 18 or 19 of the Criminal Justice (Public Order) Act 1994.”.
## SCHEDULE 1 Sexual Offences for purposes of *Part 2* of Act
*Section 5*
## Part 1
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.
2. An offence referred to in—
(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 sub *paragraph (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.
3. An offence referred to in—
(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 sub *paragraph (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.
4. An offence referred to in—
(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 sub *paragraph (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.
## Part 2
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.
4. Rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990.
5. An offence under section 1 of the Punishment of Incest Act 1908 (incest by males).
6. An offence under section 2 of the Punishment of Incest Act 1908 (incest by females of or over 17 years of age).
7. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under 15 years of age).
8. An offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under the age of 17 years).
9. An offence under section 1 of the Criminal Law Amendment Act 1935 (defilement of girl under 15 years of age).
10. An offence under section 2 of the Criminal Law Amendment Act 1935 (defilement of girl between 15 and 17 years of age).
11. An offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 (soliciting or importuning for purposes of commission of sexual offence).
12. An offence under section 3 of the Criminal Law (Sexual Offences) Act 1993 (buggery of persons under 17 years of age).
13. An offence under section 4 of the Criminal Law (Sexual Offences) Act 1993 (gross indecency with males under 17 years of age).
14. An offence under section 11 of the Criminal Law Amendment Act 1885 (acts of gross indecency).
15. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 (protection of mentally impaired persons).
16. An offence under section 4 of the Criminal Law Amendment Act 1935 (defilement of mentally impaired females).
17. 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);
(b) section 4 (allowing child to be used for child pornography);
(c) section 5 (producing, distributing, etc., child pornography);
(d) section 6 (possession of child pornography).
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.
19. An offence under section 249 of the Children Act 2001 (causing or encouraging sexual offence upon child).
20. An offence under section 17 of the Children Act 1908 (causing or encouraging sexual offence upon child).
21. An offence under section 3 of the Criminal Law Amendment Act 1885 (procuring defilement of woman by threats or fraud or administering drugs).
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.
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.
## SCHEDULE 2 Specified Work
*Section 5*
1. Employment with—
(a) the Defence Forces,
(b) the Department of Justice and Equality,
(c) the Garda Síochána,
(d) the Garda Síochána Ombudsman Commission,
(e) the Garda Inspectorate,
(f) the Office of the Chief State Solicitor,
(g) the Office of the Attorney General,
(h) the Office of the Director of Public Prosecutions,
(i) the Criminal Assets Bureau,
(j) the Courts Service,
(k) the Department of the Taoiseach,
(l) the Department of Foreign Affairs and Trade,
(m) the Office of the President,
(n) the Central Bank of Ireland,
(o) the National Treasury Management Agency.
2. Any activity, service or employment which involves the performance of a controlled function under Part 3 of the Central Bank Reform Act 2010.
3. Service as—
(a) a member of the Reserve Defence Force within the meaning of section 2 of the Defence Act 1954,
(b) a reserve member of the Garda Síochána within the meaning of section 3 of the Garda Síochána Act 2005.
2016-02-11
Criminal Justice (Spent Convictions and Certain Disclosures) Act 20
original version
Text at this date