# Case Struck out/Case Dismissed in District Court: declared on garda vetting?



## gmarty (28 May 2012)

Hi all, if a persons case was struck out or if it was dismissed, does this have to be declared on garda vetting as technically one would not have a conviction. Im hearing one thing from one person and different from another and I am all confused! Has anyone experienced the process of garda vetting and disclosures? Thank you in advance.

thanks for all the help


----------



## Slim (29 May 2012)

Garda vetting will have record of all charges as well as convictions. Where case is dismissed, candidate should be able to make a case in writing to prospective employer about the circumstances.


----------



## Vanessa (5 Jun 2012)

The report received from Gardai will state that the person was never convicted of a crime ( or was as the case may be)
The Garda pulse will have record of a charge but that cannot be mentioned if vetted.
What may be coming down the line is what is called soft intelligence especially relating to child protection. A person may report seeing a man loitering near a kids playground. The Gardai are notified, arrived and take the mans name even though no offence was committed, If it is put on the PULSE system it will show that Joe Bloggs was seen loitering around a kids playground. What might not be recorded is that the man was waiting for his wife and child who had arranged to meet at the playgrond


----------



## Brooklyn (5 Jun 2012)

I have just recently seen a Garda vetting report which contained details of a charge which was struck out.


----------



## Vanessa (6 Jun 2012)

Brooklyn said:


> I have just recently seen a Garda vetting report which contained details of a charge which was struck out.


 

I stand corrected. This is disturbing as we are back to the "no smoke without fire" scenario. If an employer saw that what would their impression be


----------



## ajapale (6 Jun 2012)

This blog provides some interesting insights to the procedure.

http://aclatterofthelaw.com/tag/police-certificate-of-character/



> *Update (11 May 2010)*
> Fergal Mawe has an article in the May edition of the Law Society Gazette (pp.20-21 of [broken link removed]) about the Garda vetting procedure and potential breaches of rights.[T]he garda vetting form … refers to “a statement of all convictions and/or prosecutions, _successful or not_, pending or completed, in the state or elsewhere as the case may be”.
> 
> Say, for instance, if one were to be charged, prosecuted – but not  convicted – the Garda Vetting Unit would still inform the employer that  the applicant had been prosecuted, even if the outcome had been a not  guilty verdict.
> ...


----------



## Complainer (9 Jun 2012)

Would Garda vetting show up a person who had been appeared in the Revenue listings and Iris Ofiguil for being fined €1k to €5k for not submitting tax returns?


----------



## Time (21 Jun 2012)

If fined in court yes. Otherwise no.


----------



## Complainer (23 Jun 2012)

Time said:


> If fined in court yes. Otherwise no.



Am I right in thinking that most appearances on Revenue lists for non-filing of returns would NOT be fined in Court?


----------



## destroyed (25 Jan 2013)

I know from bitter experence that even after going to court and being found innocent that garda vetting will treat you as guilty and cause very long delays in any licencing application that requires garda vetting. So much for a persons good name as protected in the irish constution


----------



## WizardDr (27 Jan 2013)

It could be a constitutional issue if somebody who had a case dismissed and then found themselves in fact penalised - eg not getting a job - because of the disclosure.

This would seem at face value to be a breach of Constitutional rights - to a livelyhood - and being deprived of that is a aserious matter.

Did you ever consider a judicial review?


----------



## ajapale (28 Jan 2013)

*To put it simply, if we are to live with a just  legal system based on  the presumption of innocence, an individual ought  not to be prejudiced  by prosecutions that did not lead to a criminal  conviction.

*Fergal Mawe in an article in the May edition of the Law Society Gazette (pp.20-21)


----------

