'Spent Convictions': A Law Reform Commission pdf

national | crime and justice | opinion/analysis

Tuesday July 31, 2007 19:47

by Time Elapsed...

Interesting Little Press Release (LRC)

The Law Reform Commission has today in the height of the balmy Irish Summer
released a PDF doc. on the removing of conviction from personal record -after time lapse-
The time mentioned in the report http://www.lawreform.ie is seven years. The time
lapse being pertinent , but no mention of the the crime. Being Pernickety here but surely
the type of crime removed from record is important too. Some sexual offences, for instance
carry only six month sentences, such as custodial time for down-loading internet child
porn. The issue of paedophilia and its sentences does not come into the report but
constraints will be placed on the people who have been imprisoned for crime in sensitive
areas such as in 'The Care of Children'

Minimalist Scales

It is commendable that the Law Reform Commission recognise that adults should not
carry the weight of a previous conviction into another part of their lives but some crimes
are repeaters- such as child sexual abuse and seven years not re-offending is no
guarantee of innocence for the previous and future victims of this crime.

The Commission indeed recognises that there is a vulnerability there:-

"The Commission's Report emphasises that even very old convictions should always remain
relevant- and therefore be disclosed for vetting purposes-when applying for certain sensitive
posts, including the care of and supervision of children, vulnerable adults or in the context of
sensitive public positions, such as those connected with State Security and the Legal
system".

Can we call a spade a spade here?- repeat sexual offending against a child is
something that does not go away and the Canonical RC church failed to
recognise it (calling it 'aberrant' rather than criminal).

The type of crime is as important as the time spent incarcerated, specifically
in the cases of violent and or sexual offences. indeed we have witnessed
over the years young women victims of familial rape waiving their right to
anonymity in order to ensure that the offence is not repeated or perpetrated against
others.

It would be nice if the legal and Governmental System started to use the correct names for
crimes against the person and fully recognised the impact such crimes have on victims.
I think that there is a guarded recognition by the LRC in the Body of both the press release
and the statement ;but a complete and inadequate repsonse to the severity of the impact
on the victim in this jurisdiction. Some rapists never get to jail either.

http://www.lawreform.ie