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Conduct Certificates Ordinance (Cap. 77) Consolidated

CHAPTER 77

CONDUCT CERTIFICATES ORDINANCE

To regulate the issue of conduct certificates.

5th January, 1934

ORDINANCE II of 1934, as amended by Ordinances: XII of 1935, XVIII

of 1939, XL of 1940; Act XII of 1957; Ordinance XIV of 1961; Legal Notice

46 of 1965; Act LVIII of 1974; Legal Notice 148 of 1975; Acts: XXII of

1980, XIII of 1983, VI of 1993 and VI of 2000; Legal Notice 408 of 2007; Act XXIV of 2010; and Legal Notice 97 of 2011.

1. The short title of this Ordinance is Conduct Certificates

Ordinance.

2. Conduct certificates shall be issued by the Commissioner o f P o l i c e s u b j e c t t o t h e p r o v i s i o n s o f t h i s O r d i n a n c e a n d i n accordance with Form A or B in the First Schedule hereto.

3. (1) Conduct certificates shall be issued only at the instance of the persons to whom the certificates refer or upon an order of an y c o u r t o f l a w g i v e n e i t h e r e x o f f i c i o o r a t t h e r e q u e s t o f an interested party.
(2) Notwithstanding the provisions of article 4(2), it shall be lawful for the competent national authorities and entities listed in the Fourth Schedule and designated by the Minister responsible for the Police for this purpose, to request, with the consent in writing of the person to whom the record of criminal convictions relates, t h e C o m m i s s i o n e r o f P o l i c e t o s u b m i t a c o m p l e t e r e c o r d o f criminal convictions of the person to whom they relate.
(3) The request made in accordance with subarticle (2) shall be connected with:
(a) the recruitment or continued employment of a person as an employee; or
(b) the issue or renewal of a licence or permit.
(4) The Commissioner of Police may also, on the basis of M a l t a ’s i n t e r n a t i o n a l c o m m i t m e n t s , d i s c l o s e i n f o r m a t i o n o n c r i m i n a l c o n v i c t i o n s t o a n o v e r s e a s c o m p e t e n t a u t h o r i t y ; t h e Commissioner of Police may likewise record criminal convictions received from an overseas competent authority.
For the purpose of this subarticle "overseas competent a u t h o r i t y " m e a n s a n a u t h o r i t y w h i c h , i n a c o u n t r y o r t e r r i t o r y o u t s i d e M a l t a , e x e r c i s e s a n y f u n c t i o n c o r r e s p o n d i n g t o t h e functions of the Commissioner of Police under this Ordinance.

Short title.

Issue of certificates. Amended by: XXII. 1980.2.

At whose request such certificates may be issued. Amended by: XXIV. 2010.2.

Particulars of certificates. Amended by: XII.1935.2; XL.1940.10; XII. 1957.17. Substituted by: XXII. 1980.3. Amended by: XXIV. 2010.3;

L.N. 97 of 2011.

4. (1) Every conduct certificate issued by the Commissioner of Police shall state the name, surname, date of birth, identity card number, and any other particulars tending to identify the person mentioned in the certificate, and shall contain either -

(a) a declaration made in accordance with Form A in the First Schedule to this Ordinance, to the effect that the person mentioned in the certificate is of good conduct; or
(b) a declaration made in accordance with Form B in the First Schedule to this Ordinance, containing an indication of the convictions against the person mentioned in the certificate by any court of law, whether in Malta or abroad, and recordable in terms of this Ordinance.
(2) Any person, though convicted of an offence which, however, is not recordable under the provisions of this Ordinance, shall be entitled to be given a declaration, as set out in Form C in the First Schedule, t o t h e e ff e c t t h a t t h e p e r s o n h a s n o r e c o r d a b l e offences under the terms of this Ordinance.

Certain convictions not to be entered in certificates. Amended by:

XVIII. 1939.2; L.N.148 of 1975.

Substituted by: XXII. 1980.4.

5. No conviction or order against any person shall be entered in a conduct certificate issued under this Ordinance if -

(a) it refers to any contravention; or
(b) the person convicted of a crime was at the time of its commission still not eighteen years of age; or
(c) the pardon of the President of Malta has been granted in respect of that conviction; or
Cap. 446. (d) it is made under the provisions of the Probation Act.

Period of time required for the non-registration of convictions. Amended by: XVIII. 1939.2; XXII.1980.5;

XXIV. 2010.4.

6. Saving the provisions of article 7, no conviction against the person to whom a conduct certificate refers shall be entered in such cer tif icate aft er t he l aps e of th e per io d s peci fied in th e S eco nd Schedule hereto to be reckoned from the date of the expiration of the punishment or from the date of the payment of the fine (multa):
Provided that if during such period that person is again s entenced in respect of any other crime, includ ing a s us pended sentence, any previous conviction or convictions which have not e x p i r e d a c c o r d i n g t o S e c o n d S c h e d u l e , s h a l l c o n t i n u e t o b e recorded in the Conduct Certificate issued in accordance with Form B of the First Schedule until the expiration of the period required for the non-registration of the last conviction:
Provided further that if the period for non-registration of the last conviction is less than that of any previous conviction, then t h e p e r i o d f o r n o n - r e g i s t r a t i o n o f t h e l a s t c o n v i c t i o n s h a l l b e e x t e n d e d u p t o t h e e x p i r a t i o n o f t h e l o n g e r p e r i o d o f n o n - registration of any previous conviction.
7. The benefit of the non-registration of a conviction as provided in article 6, shall not extend to persons who are recidivists i n t h e c r i m e o f t h e f t o r f r a u d o r o f s e l l i n g o r d e a l i n g i n d r u g s contrary to the provisions of the Dangerous Drugs Ordinance or the M e d i c a l a n d K i n d r e d P r o f e s s i o n s O r d i n a n c e, or who have been sentenced in respect of any of the crimes mentioned in the Third Schedule hereto.
7A. The provisions of articles 6 and 7 shall apply to a suspended sentence of imprisonment, as provided in article 28A of the C r i m i n a l C o d e, s ohowever that when s uch s entence has not taken effect the period required for non-registration shall elapse at t he en d o f t h e o p e r at i o n al p e r i od m e n t i o ne d i n t h e o r d er m a d e under subarticle (1) of the said article 28A:
Provided that in the cases referred to in article 28B(2)(b) of the Criminal Code, the period for non-registration shall elapse at the end of the varied operational period which is to run from the date of the variation ordered by the Court.

Exceptions. Amended by: XVIII. 1939.3,4; VI. 2000.9.

Cap. 101. Cap. 31.

Suspended sentence of imprisonment. Added by: VI.1993.2. Amended by; XXIV. 2010.5, Cap. 9.

Cap. 9.

8. Notwithstanding the provisions of this Ordinance, the court m a y, i n p a s s i n g s e n t e n c e , o r a t a n y t i m e t h e r e a f t e r , o n t h e application of the person convicted and after hearing the Attorney General, direct that a conviction be not recorded in the conduct certificate in either of the following cases:

(a) if the person convicted of the crime is not twenty-one years of age at the time of the commission of the offence;
(b) if, having regard to the nature of the crime, the circumstances in which it was committed, and the conduct of the person convicted, the court deems it proper so to direct.

Power of court to order non- registration in certain cases. Added by: XVIII.1939.5. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

9. The provisions of this Ordinance shall not operate so as to prevent any interested party from producing, in any criminal or civil proceedings, evidence of any previous conviction against the person charged or accused or against any person who is a party to the proceedings or has been produced as witness, provided such evidence is considered by the court to be relevant.

10. The Minister responsible for the Police may by regulations amend, revoke, add to or substitute the Schedules annexed to this Ordinance and may also make regulations for the better carrying out of the provisions of this Ordinance.

Evidence of previous conviction.

Power of Minister to make regulations.

Added by: XXIV. 2010.7.

Amended by: XIV.1961.2. Substituted by: XXII.1980.6. Amended by: XIII. 1983.4. Substituted by:

L.N. 408 of 2007. Amended by:

L.N. 97 of 2011.

FIRST SCHEDULE [Articles 2 and 4]

FORM A

No.

MALTA POLICE CERTIFICATE OF CONDUCT

I declare that, in terms of the Conduct Certificates Ordinance (Cap. 77),

(name and surname)

(Identity Card No. ),
son of born on the at
and residing at
is a person of good conduct.
Police H.Q.
Fee paid €2.50

(Date and initials)

Malta, 20
Commissioner of Police

FORM B

MALTA POLICE

No.

CERTIFICATE OF CONDUCT

I declare that the conviction/convictions specified on the back of this certificate and recordable in terms of the Conduct Certificates Ordinance, (Cap. 77), appears/ appear in the Registers of the Criminal Record Office against
(name and surname)
(Identity Card No. ), son of born on the
at and residing at
Malta, 20
Police H.Q.
Fee paid €2.50

(Date and initials)

Commissioner of Police

Added by:

L.N. 97 of 2011.

FORM C

MALTA POLICE DECLARATION OF CONDUCT

No.
I declare that, (name and surname)
(Identity Card No. ), son of
born on the
at and residing at
does not have any offences which are recordable under the terms of the Conduct
Certificate Ordinance.
Police H.Q.
Malta, 20
Fee paid €2.50

(Date and initials)

Commissioner of Police
SECOND SCHEDULE Substituted by: XXII.1980.7.
[Articles 2 and 4]
Sentence Period of time required for the non-
registration of a
conviction

(e) sentence of a fine (multa) .......................................... 6 months from date

of payment of the fine.

Substituted by: XXII.1980.8.

THIRD SCHEDULE
[Article 7]

1. Crimes against the safety of the Government contemplated in Title I of Part

II of Book First of the Criminal Code.
2. The crimes contemplated in Sub-title III of Title III of Part II of Book First of the Criminal Code.
3. Crimes affecting public trust contemplated in Title V of Part II of Book First of the Criminal Code, with the exception of the crimes contemplated in Sub-title II.

Added by: XXIV. 2010.9.

FOURTH SCHEDULE
[Article 3(2)]
List of competent authorities with the right to request complete record of criminal convictions from the Commissioner of Police
The Authority for Transport in Malta