Abstract
The final chapter of this book ties the various legal and criminological elements of the book together in order to derive conclusions as to the current approach taken towards ex-offenders. It further examines the European Criminal Records Information System (ECRIS) with a view to determining the increasing emphasis upon monitoring offenders on a cross-jurisdictional scale and the potential consequences of this. The chapter aims to provide an overall review and evaluation of the consequences of having a criminal record in light of its use and retention, not simply in the Irish context, but from a broader international perspective also.
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Notes
- 1.
EU Council Framework Decision 2009/315/JHA (26 February 2009).
- 2.
More recently, proposals have been approved to extend the database to allow member states to share information on the convictions of non-EU nationals. On 19 January 2016, the European Commission proposed a Directive (COM[2016] 07 final) aimed at amending Council Framework Decision 2009/315/JHA as regards the ECRIS system and replacing Council Decision 2009/316/JHA. Further proposals to improve the ECRIS system have also been made in 2017 (COM[2017] 344).
- 3.
Then Minister for Justice and Equality, Mr Dermot Ahern: Brady, T. (2009, January 3) Judges get access to EU criminal records. Irish Independent.
- 4.
See ACJRD Twentieth Annual Conference. (2017) The Brexit Impact on Criminal Justice Cooperation in Ireland: Available at https://www.acjrd.ie/files/The_Brexit_Impact_on_Criminal_Justice_Cooperation_in_Ireland_-_ACJRD_2017.pdf (Last accessed March 2018).
- 5.
Campbell, C. ‘Government fears “essential” extradition powers to combat crime will be lost after Brexit’ The Detail, 23 November 2017.
- 6.
See Jackson, A. and Davies, G. (2017) ‘Making the case for ECRIS : Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom’ The International Journal of Evidence & Proof 21(4): 330.
- 7.
Europol Convention, Article 19.
- 8.
Bacik (2008).
- 9.
It has been argued that democratic accountability in the expansion of the criminal jurisdiction and powers of the EU and its agents must also be considered: Bacik (2008) at p. 208; Irish Human Rights Commission (2005) Observations on the Scheme of the Criminal Justice (International Co-Operation) Bill 2005. Dublin: IHRC.
- 10.
Department of Justice and Equality. (2018, February 18) Minister Flanagan announces proposed counter-terrorism legislation requiring advance passenger information for flights entering or leaving the State. Press Release.
- 11.
This is without prejudice to the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.
- 12.
Kemshall and Maguire identify this risk penology as possessing “an all consuming desire to eliminate threats to safety [which] produces ever more sophisticated technologies of information-gathering, classification, surveillance, control and exclusion; in which attention shifts from the individual to the aggregate ‘risk group’; and in which concepts such as individual justice, rights and accountability lose their meaning.” Kemshall, H. and Maguire, M. (2002) Public Protection, Partnership and Risk Penality: the multi-agency risk management of sexual and violent offenders. In Gray, N., Laing, J., and Noaks, L. (eds.) Criminal Justice, Mental Health and the Politics of Risk. London: Cavendish Publishing, at p. 170.
- 13.
In the short term, it may be useful to assist in the transition period between prison and re-entering society in order to facilitate this transition, and also potentially to monitor high-risk offenders to verify compliance with a sex offender order.
- 14.
Maruna, S. (2001). Making Good: How Ex-Convicts Reform and Rebuild their Lives. Washington, DC, American Psychological Association.
- 15.
Hudson (2003) op. cit., at p. 223.
- 16.
Law Reform Division (1985). Living Down a Criminal Record: problems and proposals. Wellington: Government Publications, at p. 8.
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Fitzgerald O’Reilly, M. (2018). Conclusion. In: Uses and Consequences of a Criminal Conviction. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-59662-8_9
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