What are the criteria for a person's criminal record to be
rendered spent?
Under the Registration of Criminals Act, there are stipulated
criteria to ensure that the need to provide a second chance to
ex-offenders is balanced with the security of the rest of society.
These criteria are listed in the new section 7B and 7C of the
Registration of Criminals Act.
First, the person must satisfy a crime-free period. This is a
period of 5 years starting from either the date of sentence (for
cases where no term of imprisonment is imposed) or the date of
release from legal custody. During the 5 years, the person must not
be convicted of another crime, or be unlawfully at large for a
crime. He must not be detained or placed under police supervision
under the Criminal Law (Temporary Provisions) Act, and he must not
be subject to supervision or admitted to a drug rehabilitation
centre or other centre for drug or inhalant abuse.
Secondly, the person must not be disqualified from having his
record spent on any of the grounds in section 7C , which are that
--
a)his conviction was for any offence specified in the Third
Schedule;
b) the sentence imposed on him for that conviction included-
i) a term of imprisonment exceeding 3 months; or
ii) a fine exceeding $2000;
c) that conviction was for a crime committed within 5 years
after he had been released from-
i) an approved institution under the Misuse of Drugs Act; or
ii) an approved centre under the Intoxicating Substances
Act;
d) he has been detained or subject to police supervision under
the Criminal Law (Temporary Provisions) Act anytime before that
conviction;
e) from the time being, he has a warrant of arrest for any
offence issued against him which is outstanding ;
f) he has more than one criminal conviction in the register kept
by the Police, whether or not those convictions arise from the same
particular occasions; or
g) he has had any previous record in the criminal register being
rendered spent