CRIMINAL RECORDS (REHABILITATION OF OFFENDERS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

PART I
Spent Convictions

   3   Rehabilitated person and spent conviction

   4   Act to apply to convictions in country other than Jamaica

   5   Rehabilitation periods

   6   Compliance with conditions of sentence necessary for rehabilitation

   7   Commencement of rehabilitation period

   8   Commencement of rehabilitation period applicable to concurrent and consecutive sentences

   9   Effect of other conviction or proceedings during the rehabilitation period

   10   Reference to conviction not to be taken to refer to spent conviction

   11   Inadmissibility in proceedings of evidence relating to spent conviction

   12   Disclosure of criminal conviction for insurance not applicable to spent conviction

   13   Admissibility in criminal and other proceedings of evidence relating to spent conviction

   14   Circumstances where person shall disclose particular of spent conviction in relation to himself

   15   Offence for misrepresentation pursuant to section 14

 

PART II
Expungement ot Spent Convictions

   16   Interpretation

   17   Effect of other conviction or proceeding during the additional rehabilitation period

   18   Establishment of Criminal Records (Rehabilitation of Offenders) Board

   19   Functions of Board

   20   Rehabilitated person eligible to make application to Board

   21   Application shall be in writing etc

   22   Board to make enquiries

   23   Board if satisfied shall make direction for spent conviction to be expunged from the records

   24   Effect of direction by the Board

   25   Legal status of person where spent conviction expunged from the records

   26   Board to inform applicant in writing

   27   Applicant may re-apply where application rejected

   28   Appeal to Minister

 

PART III
Miscellaneous

   29   Provisions of Act not to affect any right of Governor-General

   30   Offence of unauthorised disclosure

   31   Offence for exclusion from employment, etc

   32   Penalties

   33   Custody of records

   34   Regulations

      SCHEDULES

 

THE CRIMINAL RECORDS (REHABILITATION OF OFFENDERS) ACT

[Date of Commencement: 30th September, 1988]

Acts
18 of 1988,
24 of 1993.

1   Short title

   This Act may be cited as the Criminal Records (Rehabilitation of Offenders) Act.

2   Interpretation

   In this Act-

   "the Board" means the Criminal Records (Rehabilitation of Offenders) Board established in accordance with section 18;

   "conviction" includes any finding in any criminal proceedings or in proceedings under the Juveniles Act that an offence has been committed by any person;

   "expunged conviction" means any spent conviction expunged from the records under section 23;

   "proceedings before a judicial authority" includes any proceedings before a Court-martial under service law;

   "rehabilitation period" means any period specified under section 5 as a rehabilitation period for the conviction to which it relates, commencing and terminating on such dates as are provided for in this Act;

   "rehabilitated person" means any person who is treated as a rehabilitated person under section 3;

   "sentence" includes any order, not being an order dismissing the case, made by a Court with respect to a conviction and directing any thing to be done or not to be done by the offender;

   "service disciplinary proceedings" means proceedings before a Court-martial under service law;

   "service law" has the meaning assigned to that expression under the Defence Act;

   "specified offence" means-

   (a)   any offence specified in the Schedule to the Finger Prints Act; and

   (b)   any offence to which, having regard to the sentence imposed, section 3 does not apply;

   "spent conviction" means any conviction treated as a spent conviction under section 3.

PART I
Spent Convictions

3   Rehabilitation person and spent conviction

   (1) Subject to the provisions of this Act, a person who (whether before or after the 30th day of September, 1988) has been convicted of an offence to which this section applies shall, at the expiration of the appropriate rehabilitation period, be treated as a rehabilitated person in respect of the conviction for that offence and, for the purposes of this Act, the conviction shall be treated as a spent conviction.

   (2) In relation to a conviction referred to in subsection (1) that occurred before the 30th day of September, 1988, the provisions of this Act shall be deemed to have been in force at the time of such conviction and continued in force thereafter, so, however, that notwithstanding the fact that the appropriate rehabilitation period expired at any time prior to that date, the conviction shall not be treated as a spent conviction in relation to any time prior to that date.

[24/1993 s 2.]

   (3) This section shall apply subject to sections 6 and 9 in relation to any offence for which a person is convicted where the sentence imposed by the Court-

   (a)   does not include a term of imprisonment; or

   (b)   if it includes a term of imprisonment, that term does not exceed three years.

   (4) For the purposes pf subsection (3), where a Sentence includes a term of imprisonment only as an alternative to another penalty that term of imprisonment shall be disregarded.

   (5) Subject to the provisions of this Act, for the purposes of this Act, a finding in service disciplinary proceedings that a person is guilty of an offence in respect of any act or omission which was the subject of those proceedings shall be treated as a conviction and any punishment awarded in respect of any such finding shall be treated as a sentence.

   (6) Subsection (5) shall apply where the following conditions are satisfied, that is to say-

   (a)   the offence referred to therein is one to which this subsection applies; and

   (b)   the punishment awarded for the offence is a punishment to which this subsection applies.

   (7) Subsection (6) shall apply to any offence consisting in the commission of a civil offence within the meaning of the Defence Act and to any offence under sections 40, 54, 55, 68 and 69 of that Act.

   (8) Subsection (6) shall apply to the following punishments-

   (a)   a term of imprisonment for a period not exceeding three years;

   (b)   cashiering;

   (c)   discharge with ignominy from Her Majesty's service;

   (d)   dismissal from Her Majesty's service;

   (e)   any punishment not specified in the preceding paragraphs which is treated under the Defence Act as being less than any of the punishments specified in the preceding paragraphs; and

   (f)   fine.

4   Act to apply convictions in country other than Jamaica

   Where a person has been convicted and sentenced in any country other than Jamaica for an offence against or arising under the law of such country, the provisions of this Act shall apply in like manner as they apply in relation to a conviction and sentence in Jamaica if-

   (a)   there is kept and maintained in the Criminal Records Office of Jamaica particulars of that conviction and sentence; and

   (b)   the circumstances constituting the offence would if they had occurred in Jamaica constitute an offence against Jamaican law

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