What is disclosed?
A vetting disclosure shall include particulars of the criminal record (if any) relating to the person, and a statement of the specified information (if any) relating to the person or a statement that there is no criminal record or specified information, in relation to the person.
A criminal record in relation to a person means a record of the person’s convictions whether within or outside the state for any criminal offence together with any ancillary or consequential orders made pursuant to the convictions concerned or a record of any prosecutions pending against the person whether within or outside the state for any criminal offences or both.
A person shall not be obliged to provide details of any convictions to which Section 14A of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 applies.
Section 14A of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 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:
- the person is 18 years old at the time of the offence which lead to the conviction.
- the offence shall not be an excluded offence;
- 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.
- the conviction must be more than 7 years old
- the person shall have served or otherwise undergone or complied with any sentence imposed, or order made by the court in dealing with the person in respect of the conviction concerned.
- With the exception of the offences outlined at subsection (4), this section shall apply in respect of one single conviction only and where a person has more than one conviction this section shall not apply to that person.
- Where in any proceedings before a court, a person is convicted of 2 or more offences which are committed simultaneously or arise from the same incident, and the court in passing sentence, imposes more than one sentence in respect of those offences, the convictions imposed shall be regarded as one single conviction.
- Subsection (2) shall not apply to a conviction imposed on a person in respect of an offence—
- under the Road Traffic Acts 1961 to 2014, other than section 53 (2) of the Road Traffic Act 1961 , (Dangerous driving causing death or serious harm)
- under section 37A of the Intoxicating Liquor Act 1988 , (intoxicating liquor in possession of person under age of 18 years)
- under section 4 , 5 , 6 , 7 , 8 , 8A(4) or 9 of the Criminal Justice (Public Order) Act 1994 .
- In this section—
- For the purposes of this section a criminal conviction of a person by the District Court—(a) which is appealed by the person to the Circuit Court, and (b) is affirmed or varied by the Circuit Court,
‘excluded offence’ means
Intoxication in public place.
Disorderly conduct in public place.
Threatening, abusive or insulting behaviour in public place
Distribution or display in public place of material which is threatening, abusive, insulting or obscene.
Failure to comply with direction of member of Garda Síochána
‘effective date of conviction’ means, in relation to the imposition by the District Court of a sentence for an offence, the date on which the sentence becomes operative in accordance with the order of the court.
shall, as so affirmed or varied by the Circuit Court be treated as if it were a conviction of the District Court.
The relevant organisation in accordance with the National Vetting Bureau Act shall, as soon as practicable, make available a copy of the vetting disclosure to the applicant.