District Court judges advised that motorists with spent convictions should not be treated as first-time offenders
District Court judges have been advised that motorists appearing in court who have a previous spent conviction for motoring offences should not be treated as first-time offenders.
Mr Justice Seamus Noonan of the High Court ruled on the matter after a consultative case stated by Judge Gerard Haughton in Wexford District Court.
The ruling, circulated to all District Court judges, refers to section 7(3)(a) of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, which he said was “clear in its meaning and intent”, the Irish Examiner reports.
Mr Justice Noonan continued: “It effectively disapplies the provisions of the 2016 Act to any criminal proceedings in which, as here, the person with the spent conviction or convictions is the defendant.
“In my view, it is clear in the light of the findings in this judgment that the offence with which the defendant is charged in this case cannot be regarded as a ‘first offence’ within the meaning of that subsection.”