CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

THE CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS) ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.

PART I-Spent Convictions

3. Kehabililated person a d spent conviction.
4. Act to apply to convictions in country other than Jamaica.
5. Rehabhtahon periods.
6. Comphnce with condiuons of sentence ner;essary for rehabdh-

7. Commencement of rehitollitation period.
8. Commencemeat of rehabhtation period applicable to concurrent

9. Effect of other conviction or pmeedings during the rehabWation

10. Reference to conviction not to be taken to refer to spent con-

11. Inadmissibility in proceedings of evidence relating to spent con-

12. Disclosure of criminal copviction for insurance not applicable to

13. Admissibility in criminal and other proceedings of evidence re-

14. Circumstances where person shall disclose particulan of s p t

15. offence for misrepresentation pursuant to section 14.

tian.

and consecutive sentences.

perid.

viction.

ViCtiOU.

spent conviction.

lating to spent conviction.

conviction in relation to himself.

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1

2 CIUMINA L RECORDS (REHABILITATION
OF OFFENDERS)

PART U-Expungement of Spent Convictions
10. Interpretauon.
A/. hffect ot other convicuon or prcmedbga d u r a the additional

18. b tabhbent ot Cilmlnal Records (Rehabilitation of a d s )

19. Euncuons of Board.
20. Rehabhtated person eliuble to make application to Board
21. Appiicabon rbas1 be in writing, etc.
22. Bo&d to make enquiries.
23. Board d satdied &aIi make direction for a p t wnviction to bo

24. Effect of direction by the Boatd
25. Legal sm2u11 of penon whexe spent convictim expunged from

26. Board to inform apphcant in Writing.
27. Applicant may re-apply where application rejected.
28. Appeal to Minister.

rehabutation penod.

Board.

expunged from the records.

the records.

PART III-Miscellaneous

29. Provisions of Act not to affect any fight of c i o v e r n o r - ~ d
30. Offence of unauthorized disclosure.
31. Offence for exclusion from employment, etc.
32. Penalties.
33. Custody of records.
34. Regulations.

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CRIiWINAL. RECORDS (REHABILITATION
OF OFFENDFRIS)

sion 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

Rehabili- 3.-41) Subject to the provisions of this Act, a person
tated person
and spent who (whether before or after the 30th day of September, 1988)
conviction. has been convicted of an offence to which this section

applies shall, at the expiration of the appropriate rehabilita-
tion 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 sub-
section (1) that occurred before the 30th day of September,
1988, the provisions of this Act shall be deemed to have

2411993 been in force at the time of such conviction and con-
S. 2. tinued 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.

(3) This sedion shall apply, sdbject 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.

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CRIMINA L RECORDS (R EHA BlLl TA TION
OF OFFENDERS)

(4) For the purposes of 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 pro-
ceedings that a person is guilty of an offence in respect of
any act or omission which was the subject of those pro-
ceedings shall be treated as a conviction and any punish-
ment awarded in respect of any such finding shall be treated
as a sentence.

(6) Subsection (5) shall apply where the foIlowing
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 punish-
ment to which this subsection applies.

(7) Subseclion (6) shall apply to any offence consist-
ing in the commission of a civil offence within the meaning
of the Defence Act and to any offence under sections 40054,
55, 68 and 69 of that Act.

(8) Subsection (6) shall apply to the following punish-
ments-

(a) a term of imprisonment for a period not exceeding

(b) cashiering;
(c) discharge with ignominy from Her Majesty’s

service;
(d) dismissal from Her Majesty’s service;
(4 any punishment not specified in the preceding para-

graphs which is treated under the Defence Act 89
being less than any of the punishments specified
in the preceding paragraphs; and

three years;

(f, fine. -
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CRIMINAL RECORDS (REHABILITATlON
OF OFFENDERS)

Act to cupply
to convic-
tions in
Country
h e r than
SaMaiCa.

RehabiIi-
tatiy
pcryoda.

Compliance
with amdi-
tiom of
aentexlce
=4==y.. for rchbJ-
tatlon.

4. 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 con-
viction and sentence; and

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

5. Where the sentence imposed for an offence to which

(a) a sentence prescribed in subsection (3) (a) of that
section, the rehabilitation period shall be three
years;

(b) a sentence prescribed in subsection (3) (b) of that
section, the rehabilitation period shall b e

(1) five years, if the term of imprisonment is for
a period not exceeding six months;

(ii) eight years, if the term of imprisonment is
for a period exceeding six months but not
exceeding eighteen months; and

(iii) ten years, if the term of imprisonment is for
a period exceeding eighteen months but not
exceeding three years.

6. Notwithstanding the provisions of sections 3 and 5, a
person shall not be treated as a rehabilitated person for the
purposes of this Act if that person has fded to comply
with any condition of sentence imposed on him in respect
of that conviction.

section 3 applies is

CRIMINAL RECORDS (REHA BlLlTATION
OF OFFENDERS)

7

7.-(1) Subject to subsection (2), the rehabilitation period
applicable to an offence shall commence from the date of
the termination of the sentence of imprisonment, or the tion M o d .
payment of fine, or the compliance with any condition of
sentence imposed in respect of that offence, as the case
may be.

(2) Where in respect of a conviction for an offence an
order is made imposing on the person convicted more than
one penalty for that offence, the rehabilitation period shall
commence on the date on which all the penalties are satis-
fied; and for the purposes of this subsection if any such
penalty includes disqualification, disability or prohibition,
that aspect of the penalty shall be deemed not to be satis-
fied until the disqualification, disability or prohibition (as
the case may be) ceases.

8. Without prejudice to section 7 (2), where in respect of commence-
two or more ofrences a person has been sentenced to serve ~~~~~~
terms of imprisonment concurrently or consecutively, the tion
rehabilitation period in respect of each of those offences plicable to
shall not commence until the termination of all the sentences. andconswu-

9.-( 1) Where during the rehabilitation period applicable Effect of
to a conviction a person is convicted of a further offence, $:zLrn-

(a) if the further conviction is for a specified offence, ::!rK;h:
the offence which is the subject of the earlier con- tion period.

' viction shall ceilse to be one to which section 3
applies; and accordingly the rehabilitation period
applicable to the earlier conviction shall cease to
have relevance under this Act;

(b) if the further conviction is for an offence other than
a specified offence and the rehabilitation period

period ap-

concurrent

tive sen-
tences.

then- or pro-
ceedings

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8 CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

Raference
ro convic-
tion not
to be
taken to
refer to
spent con-
W o n .

Inadmissi-

p r o d n g e
of evidence
relating to
a p t con-
-*on.

bility in

applicable io either of the convictions would but
for the provisions of this section ha\.e ended earlier
than the period so applicable in relation to the
other, the rehabilitation period which would have
ended the earlier shall be extended SO as to end at
the same time as the other rehabilitation period.

(2) Where proceedings against the convicted person
in respect of another offence are incomplete at the time
when the conviction would but for the provisions of this
subsection have become spent-

such conviction shall be incapable of becoming
spent while such proceedings are incomplete unless
the proceedings have been adjourned sine die and
remain so adjourned for a period of at least three
years; and
the rehabilitation period shall be deemed to con-
tinue until the proceedings are completed or the
period of three years referred to in paragraph (a)
has elapsed, whereupon subsection (1) shall mutatis
m u tandis a p p 1 y .

10. Where for any purpose in law reference is made or
required to be made (other than in this Act) to a convic-
tion, such reference shall not, unless any enactment makes
express provision to the contrary, be taken to be a reference
to a spent conviction.

ll.--(l) Subject to sections 13 and 14, and notwithstand-
ing the provisions of any other enactment or the operation of
any rule of law to the contrary, in any proceedings before
a judicial authority exercising jurisdiction or functions in
Jamaica-

(a) no evidence shall be admissible to prove that a
person has been charged with, or prosecuted for,

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CRIMINAL RECORDS (REHABlLITATION
OF OFFENDERS)

or convicted of. or sentenced for, any offence which
was the subject of a spent conviction;

(b) a person shall not. in any such proceedings, be
asked. and, if asked. shall not be required to
answer, any questions relating to his past which
cannot be answered without acknowledging or
referring to a spent conviction or any circum-
stances ancillary thereto: and

(c) where a person has been asked in any proceedings
a question relating to his past and he inadvertently
discloses a spent conviction or any circumstances
ancillary thereto. such disclosure shall be dis-
regarded bv the judicial authority.

(2) For the purnoses of this section and section 13,
any of the following are circumstances ancillary to a con-
viction, that is to say-

(a) the offence or offences which were the subject of
that conviction;

(h) the conduct constituting that offence or those
offences; and

(c) anv process or proceedings preliminary to that
conviction, any sentence imposed in respect of
that conviction. any proceeding? (whether by way
of appeal or otherwise) for reviewing that convic-
tion or any such yentence. and anything done in
pursuance of or undereone in compliance with
anv such sentence.

12-41) Tn relation to mv contract of insiirance. anv Disclosure
requirement in the contract which relates to the disclosure condction
of a conviction for a criminal offence shall not apply in EcFtE:-
respect of a spent conviction: and a contract of insurance applicable
applied for. or entered into. shall not be avoided or cancelled conviotion.

of criminal

to spent

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CRIMlNAL RECORDS (REHABlLITATlON
OF OFFENDERS)

on the ground of the failure by a person to disclose any
particulars of a criminal offence which is the subject of a
spent conviction.

(2) The provisions of subsection (1) shall apply in
like manner with respect to a contract of marine insurance;
and the provisions of sections 23, 24 and 25 of the Marine
Insurance Act shall not impose any requirement on a person
to disclose particulars of a spent conviction nor shall a con-
tract of marine insurance be avoided or cancelled on the
ground of the failure by a person to disclose any particulars
in respect of a spent conviction.

Admissi- 13. Nothing in section 11 shall affect the determination of
bility in any issue. or prevent the admission or requirement of any
and 0the-r pro*B evidence, relating to a person’s previous convictions or to
Of mdena circumstances ancillary thereto- rwlatinn tw

(Q)
writ COP-
viction. in any criminal proceedings before a court (includ-

ing any aweaf or reference in a criminal matter):
in any service disciplinary proceedings or in any
proceedinqC; on appeal from any service disci-
plinary proceedings;
in any procxxdings or enquiries relating to adop-
tion or to the grrardianship, wardship. marriage.
custody. care and control of. access to, anv minor,
or to the provision by any person of accommoda-
tion, care. or schoolirlg for minors;
in any proceedings in which he is a party or
witness. if, on the occasion when the issue or the
admission or requirement of the evidence falls to
be determined. he consents to the determination
of the issue or, as the case may be, the admission
or requirement of the evidence notwithstanding
the provisions of section 11.

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CRlMlNA L RECORDS (REHA BILITA TlON
OF OFFENDERS)

11

14.-(1) A person shall, if requested so to do disclose in C- IXCLEXb
relation to himself, particulars of any spent ~nviction-

parson (a) when seeking to be made a member of a profes-
sional body of any of the professions specified h
Part I of the First Schedule; spent con-

viction in

himself.

schedule.

(6 ) when seeking to be appointed to any office of em- relationto
ployment specified in Part I1 of the First Schedule 9 First

(c) when seeking to become engaged in any business of
the type specified in Part In of the First Schedule.

(2) A disclosure of particulars of a spent conviction
pursuant to subsection (1) shall be made-

(a) to any person duly authorized by-
(i) the professional body; or
(ii) the organization responsible for the officu

of employment,
as the case may be; or

(b) in relation to any business as aforesaid, to such
person as may be designated by the Minister for
the purpose.

(3) The Minister may, by order. subject to negative
resolution. amend the First Schedule.

(4) The particulars of a spent conviction, disclosed
to a duly authorized person pursuant to this section, may
be published or communicated pursuant to the following
conditions only, that is to say-

(a) the publication or communication shall be in
accordance with rules or regulations for the time
being in force of the professional body. office of
employment or business (as the case may be) of
which the person making the disclosure under sub-
section (1) was aware when he made the disclosure;
and

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12 CRIMlNAL RECORDS (REHABILITATION
OF OFFENDERS)

OtFenCa
for miw
representa-
tion PUP
suant to
section 14.

FiI6t
Schedule.

tb) the rules or regulations shall not authorize the
general disclosure or publication of the particulars
aforesaid other than to persons who, by virtue of
their position or relationship with the professional
body, office of employment or business (as the case
may be) are authorized by the said rules or regula-
tions to have such particulars communicated to
them.

(5) It shall be an offence to contravene the provisions
of subsection (4).

15.-(1) It shall be an offence for a person who is required
under section 14 to disclose in relation to himself particulars
of a spent conviction, with intent to deceive any person
authorized to make enquiries for the purposes recognized
by that section, to fail to make such disclosure.

(2) A person shall not be convicted of an offence
under this section unless the court is satisfied that a benefit
was conferred on that person and that such benefit would
not have been so conferred if he had nct committed the act
alleged to constitute the offence.

(3) For the purposes of subsection (2), a benefit shall
be deemed to have been conferred on a person against whom
cm allegation of an offence under this section is made on
proof that such person was-

(a) conferred with membership of a professional body
of any of the professions specified in Part I of the
First Schedule;

(6) appointed to any office or employment of the
nature specified in Part II of the First Schedule;
or

(c) authorized to become engaged in any business
specified in Part IlT of the First Schedule.

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CRIMINAL RECORDS (REHABILITATION
OF OFPENDERS)

13

PART 11-Expungernent of Spent Convictions
Interpra

16. In this Part- tation.
“the records” means the records kept and maintained

by the Criminal Records Office in relation to the
conviction of any person for a criminal offence or
such other records as may be prescribed;

“additional rehabilitation period” means a period of-
three years beginning on the date of termination
of the rehabilitation period where the relevant re-
habilitation period is specifio-d under section 5 (a):
five years beginning on the date of termination of
the rehabilitation period where the relevant rehabi-
litation period is specified under section 5 (b) (i):
eight vears beginning on the date of termination of
the rehabilitation period where the relevant rehabi-
litation period i s specified under section 5 (b) (ii):
ten years beginning on the date of termination of
the rehabnitation period where the relevant rehabi-
litation period i s specified under section 5 (h) (iii).

17.41) Where. during the additional rehabilitation Effxt of

of a further offence, then the additional rehabilitation period ~~~~~
shall cease to have relevance under this Act and the spent ;::$:
conviction shall become incapable of being expunged from tie?
the records.

(2) Where proceedings against the convicted person
in respect of another offence are incomplete at the time when
the additional rehabilitation period applicable to the convic-
tion would but for the provisions of this subsection have
expired-

(a) the additional rehabilitation period shall be
incapable of expiry while such proceedings are

period applicable to a spent conviction. a person is convicted ,,iction other con- r

period.

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14 CRIMINAL RECORDS (REHABILlTATlON
OF OFFENDERS)

Esbblish-
I!lent of
Criminal
Records
(Rehabili-
tation of
Offenders)
Boaad.
Second
Schedule.

Functions
of h r d .

incomplete unless the proceedings have been ad-
journed sine die and remain so adjourned for a
period of at least three years;

(b) the additional rehabilitation period shall be
deemed to continue until the proceedings are com-
pleted or the period of three years referred to in
paragraph (a) has elapsed, whereupon subsection
(1) shall apply.

18.-( 1) For the purposes specified in this Part there shall
be established a Board to be called the Criminal Records
(Rehabilitation of Offenders) Board.

(2) The provisions of the Second Schedule shall have
effect as to the constitution of the Board and otherwise in
relation thereto.

19.-(1) Subject to the provisions of this Act, the functions

(a) to receive and consider applications for the
expungemen t from the records of spent convictions
and to grant or reject such applications;

of the Board shall be-

(6) to consider any representations made to it by or on
behalf of the person who has applied to the Board
for the expungement from the records of a spent
conviction;

fc) to review, from time to time. the cases of appli-
cants to the Board for the expungement from the
records of spent convictions:

(4 to issue directions to the Criminal Records Office
and any person having custody of the records with
respect to the expungement from the records of
spent convictions;

m e inclusibn of is page is authorized hy L.N. 17/1989]

CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

1s

(e) to make reports to the Minister, at such intervals
as the Minister may require, upon the discharge
by the Board of its functions;
to carry out such other functions as the Minister
may direct as being, in his opinion, necessary
for the purposes of this Act.

(2) Hearings by ;he Board shall be held in cumera
and if the Board sees fit, each applicant may be given
permission to appear thereat.

(fl

20. A rehabilitated person may, upon the expiration R&,t&k-
of the additional rehabilitation period. make application to t$,g;yt
the Board for the expungement from the records of a spent m e e appli-

cahon to
conviction. Board.

21. Every application, made undcr section 20, shall be Appplicahn
in writing and shall state--

(a) the full name and age of the applicant;
(b) the offence for which the applicant was convicted;

and the sentence imposed by the court in respect
of that conviction;

(c) the date and place of conviction;
(d) the court before which the applicant was convicted;
(e) the date on which (where applicable) the applicant

completed the serving of his sentence and shall
include the date on which any period of disqualifi-
cation. disability or prohibition ceased and the
extent,to which any condition attaching to such
sentence has been complied with;
the date from which the conviction was treated as
a spent conviction and the date from which, by
virtue of the expiry of the additional rehabilitation
perind, he became eligible to make the aforesaid
application;

( f )

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shall be in
writing, etc.

16 CRIMINAL RECORDS (REHA BlLlTATlON
OF OFFENDERS)

Board to
make en-
quiries.

*Board if
satisfied
shall make
direction
for spent
conviction
to be ex-
punged
from 'the
records.

Effect of
ilirection
by tbo
Board.

Legal status
of perso,i
where
rpent 001-
viction ex-
punged
from thc
records.

(8) any other written representation on which the
applicant relies in support of his application;

(h) such other information as may be prescribed.

22. The Board shall cause proper investigations to be
made to ascertain the facts stated in e\ery application made
pursuant to section 20, and shall also cause investigations
to be made to ascertain the behaviour of the applicant since
the date of his conviction.

23. If the Board, upon completion of its investigations.

(a) the facts and representations on which the appli-
cant relies in support of his application;

(h) the behaviour of the applicant since his conviction;
and

(c) the results of any enquiries made by the Board into
any matter appertaining to the application,

that the applicant has been rehabilitated. then, if the Board
is also satisfied that no interest of justice or of national
security would be prejudiced thereby, it shall issue a direction
that the merit conviction. in respect of which the anplication
is trade. be expunged from the records.

24. A direction issued pursuant to section 23. in respect
of a spent conviction. shall be in writing addressed to any
person having custody or control of the records and on such
direction being delivered to that person he shall forthwith
expunge the snent conviction from the records.

25. A rehabilitated person shall. in relation to any
expunged conviction for all purposes in Jaw. be deemed to
be a nerson who has never been charged with. prosecuted
for. convicted of or sentenced for. the offence to which that
conviction relates.

is satisfied, having regard t o -

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CRIM/hi.-i L RECORDS (REHAR1I.ITATlON
OF OFFENDERS)

17

26. The Board shall in writing inform every person mak- Bodrdm
ing an application under section 20 or section 27, as the informappli-

27. A person whose application for the expungement of Applicant
a spent conviction has been rejected may re-apply after the inay re-
expiration of two years from the date of such rejection or application
such lesser period as may be determined by the Board.

cant in
writing. case may be. of the outcome of the application.

apply where

rejected.

28.-(1) Where a person re-applies for the expungement Appbal to
of a spent conviciion pursuant to section 27 and that appli- Minister.
cation is reiected, that person may appeal to the Minister
within sixiy days lrom the date of such rejection or such
longer period as may be permitted by the Minister.

(2) Where an appeal is made pursuant to subsection
( I ) , the Minister shall review all the circumstances of the
case and, if the Minister is of the opinion that the Board had
failed to give due consideration to any matter which, if that
consideration had been given, and having regard to all other
circumstances of the case would have constituted sufficient
reason for granting the application, he shall direct that the
case be remitted to the Board.

(3) In relation to any appeal made.under subsection
(1)-

(a) where the Minister is satisfied that due considera-
tion had been given to the application he shall
reject the appeal;

(b) where the Minister is satisfied that the decision of
the Board is unjust or perverse, he shall allow the
appeal and reverse the decision of the Board.

(4) Where, having regard to a decision made under
subsection (3), a direction is required to be made for the
expungement from the records of a spent conviction,

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CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

such direction shall be made in like manner and shall
have the same effect as a direction made by the Board under
section 23.

( 5 ) The Minister's decision shall be final in relation
to any appeal made to him under this section and he shall in
writing advise the applicant of the outcome of the appeal.

PART III-Miscellaneous

Proviions 29. Nothing contained in this Act shall be construed as
to Of &eQt Act not affecting any right vested in the Governor-General by virtue
any right of of section 90 of the Constitution of Jamaica, or by preroga-
General. tive or otherwise.

Offence

adorizd
di*sure

30.-(1) Subject to the provisions of this Act, any person
who, in the course of his duties, has, or at any time has had
custody of, or access to, any official record or the mforma-
tion contained therein, shall be guilty oi an offence if, know-
ing or having reasonable cause to suspect that any informa-
tion he has obtained in the course of those duties is specified
information, he discloses it, otherwise than in the course of
those duties, to another person.

(2) In any proceedings for an offence under subsee
tion (I), it shall .be a defence for the defendant to show that
the disclosure was made-

(a) to the rehabilitated person or to another person at
the express request of the rehabilitated person;

(b) to a person whom he reasonably believed to be the
rehabilitated person or to another person at the
express request of a person whom he reasonably
believed to be the rehabilitated person.

(3) No proceedings for an offence against subsection
(1) shall be instituted except by or with the consent of the
Director of Public Prosecutions.

of un-

[fple b c b i o n of Ws page ie autholriad by L.N. 17jlp891

CRIMINAL KECORDS (REHABlLITATION
OF OFFENDERS)

(4) Nothing in subsection (3) shall prevent the arrest,
or the issue of a warrant for the arrest, of any person in
respect of an offence against subsection (l), or the remand-
ing in custody or on bail of any person charged with such
offence.

(5) Any person who-
(a) obtains any specified information from any official

record by any fraud, dishonesty or any bribe or
unlawful means; or

(b) falsiiies any specified information on any official
record,

shall be guilty of an offence.

(6) For the purposes of this section-
“official record” means any record kept for the pur-

poses of its functions by any court, police force,
government department, local or public authority
or any record kept for the purposes of the Jamaica
Defence Force, being in either case a record con-
taining information about persons convicted of
offences; and

“specified mformation” means information to the effect
that a named or otherwise identifiable rehabili-
tated living person has cqmmitted or has been
charged with, or prosecuted for, or convicted of,
or sentenced for, an offence which is the subject of
a spent or expunged conviction.

31.-( 1) Subject to the provisions of this Act, any person offence for
who dismisses or excludes any other person from any office, g:mz
profession, occupation or employment because of a spent ploymsnt,
or expunged conviction which he knows or has reasonable
cause to suspect is a spent or expunged conviction and which

QtC.

me inclusion of this page is authorized by L.N. 17/1989]

20 CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

is not required to be disclosed under any law shall be guilty
of an offence.

(2) Subject to the provisions of this Act, any person,
who with malice, discloses any spent or expunged convic-
tion or the existence of any record or fact of the conviction
shall be guilty of an offence.

(3) Any person who offers a bribe to any member of
the Constabulary Force in Jamaica or to any other person
having custody or control of the criminal records to falsify
a crimina'l record so as to show a conviction as a spent or
expunged conviction shall be guilty of an offence.

(4) Any insurance company registered in Jamaica
which knowingly attempts to avoid a policy of insurance
made with the company because of non-disclosure of a spent
or expunged conviction shall be guilty of an offence.

Penalties 32.-(1) A person who commits an offence under section
14 (51, 30 or 31 shall be liable on summary conviction before
a Resident Magistrate to a fine not exceeding ten thousand
dollars and in default thereof to a term of imprisonment not
exceeding two years.

(2) A person who commits an offence under section
15 shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding one thousand dollars and
in default thereof to a term of imprisonment not exceeding
one year.

c u s t o d y
records.

33. The Criminal Records Office shall be responsible for
keeping, separate and apart from other criminal records, a
record of all spent convictions and shall be responsible to
ensure that there is a clear indication, on the criminal record
of any person, that a conviction has become a spent convic-
tion for the purposes of this Act.

tof

CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

3 4 . 4 1 ) The Minister may make regulations prescribing Regula-
tiOXl.9.

anything required by this Act to be prescribed and for the
better carrying out of the provisions of this Act.

(2) The Minister may, by order, subject to affirmative
resolution, vary the circumstances in which spent convic-
tions may be disclosed.

21

m e imlusion of this page is authorized by L.N. 17/1!389]

P

1 .
2.

3.
5 .
6.
7.
8.
9.

10.

-
2.

CRlMlNAL RECORDS (REHA BlLITATlON
OF OFFENDERS)

FIRST SCHEDULE (Section 14)
PART 1

Professions

Attorney -at- 1. aw .
Certified or Chartered Accountant.
Dentist.
Medical Practitioner.
Midwife.
Optician.
Pharmacist.
9tate Registered Nurse.
Teacher.
Veterinary Surgeon.

PART I1
Offices of Ernploymen.3

Judicial Service ... ...
Civil Service ...
Military Service ( C k l h ) ...
Military Service ... ...
Jamaica Constabulary Forcc ...
Island Special Constabulary

Force ... ...
Department of Correctional

Services ... ...
Bank of Jamaica ... ...
Banks (Commercial) ...
Insurance Companies ...
Building Societies ... ...
Hospitals ... ...

Private Nursing Homes ...
Juvenile Correctional Centres

and Places of Safety ...
Unit Trust Schemes
security service OrganizatioL'

Educational Institut'om (includ-
ing independent schools) ...

PART

Categories of Employment

All
All
All
All
All

Au

- __-

All
An
An
All
All
All

All
All

All
All

Director, Manager,
Security Guards.

Nature of Businesses
1. Dealing in Bonds and other Securities.
2. Stockbroking.
3. Firearms Dealer.

[The incllusibn of this page k authorized by L.N. 17/1989]

CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

23

SECOND SCHEDULE (Section 18)
The Criminal Records (Rehabilitation of Offenders) Board

less than three or more than five as the Minister may appoint from of Board.
time to time.

(2) The Board shall include at least one of each of the

(a) a person who is an attorney-at-law of at least ten years

l.+l) The Board shall consist of such number of persons not being &nstitution

following-

standing or who holds or has held judicial office as-
(i) a Judge of the Court of Appeal; or
(ii) a Judge of the Supreme Court; or
(iii) a Resident Magistrate;

(b) a person appearing to the Minister to be interested in the
rehabilitation of persons convicted of criminal offences,
being-

(i) a psychiatrist or psychologist; or
(ii) a social worker; or
(iii) a Minister of Religion;

(c) a person connected with, or having knowledge of. the keeping
and maintenance of records of persons convicted of criminal
offences, namely-

(i) the Commissioner of Corrections or his nominee; G r
(ii) the Conmissioner of Police or his nominee; or
(iii) a senior civil servant.

2.-(1) The Board shall have a seal which shall be kept in the cus-
tody of the chairman or the secretary and shall be affixed to instru-
ments pursuant to a resolution of the Board in the presence of the
chairman or any other member of the Board and the secretary.

(2) The seal of the Board shall be authenticated by the
signature of the chairman or a member of the Board authorized to act
in that behalf and such s e a l shall be officially and judicially noticed.

(3) All documents, other than those required by law to be
under seal, made by, and all decisions of, the Board may be signified
under the hand of the chairman or any other member authorized to
act in that behalf, or the secretary.

3. Subject to the provisions of this Schedule, the appointment of
members of the Board shall be for a period not exceeding three years oficeof
and each member shall be eligible for reappointment.

chairman d the Board.

members.

4.-(1) The Minister shall appoint a member of the Board to be the Chairman.

[The inclusibn of fis page is authorized lby L.N. 17/1989]

24 CRlMlNAL RECORDS (REHABILITATION
OF OFFENDERS)

Temporary
appoint-
ments.

Filling
of
vacancies.

Resigna-
tions.

Revocation
of appoint-
ments.

Pub 1 i r: a -
tion of
member-
ship.
Procedure
and
meetings.

(2) In the case of the absence or inability to act of the chairman,
the Minister may appoint any other member to perform the funations of
chairman.

(3) In the case of the absence or inability to act at any meeting
of the chairman or a person appointed under sub-paragraph (2). the
other members at the meeting shall elect one of their number to act
as chairman at the meeting.

5. The Minister may appoint any person to act temporarily in the
place of any member in the case of the absence or inability to act of
that member.

6.-(1) If any vacancy occurs among the members of the Board.
such vacancy shall be filled by the appointment of another member
who shall, subject to the provisions of this Schedule, hold office for
the remainder of the period for which the previous member wa8
appointed.

(2) In the making of appointments pursuant to this paragraph
regard shall be had to the requirements of paragraph 1 (2).

7.-(1) The chairman may at any time resign his office by instru-
ment in writing addressed to the Minister and such resignation shall
take effect as from the date of the receipt by the Minister of the instru-
ment.

(2) Any member other than the chairman may at any time
resign his office by instrument in writing addressed to the Minister and
transmitted through the chairman and from the date of the receipt by
the Minister of such instrument such member shall cease to be a mem-
ber of the Board.

8. The Minister may at any time revoke the appointment of any
member of the Board.

9. The names of all members of the Board-as first constituted and
every change in membership shall be published in the Gazette.

lO.-(l) The Board shall meet at such times as may be necessary or
expedient for the transaction of its bushess and such meetings shall
be held at such places and times and on such days as the Board shall
determine.

(2) Minutes in proper form of each meeting of the Board shall
be kept.

(3) The decision of the Board shall be by a majority of the
Board and shall be in writing.

[The inclusion of this page is authorized by L.N. 17]1989J

CRIMINAL RECORDS (REHABILITATION
OF OFFENDERS)

25

(4) The chairman or, in the case d the abFence or inability to
act of the chairman, the person appointed or elected to act as chairman
in accordance with the provisions of sub-paragraph (2) or (3) of para-
graph 4 (as the case may be), shall preside at the meetings of the Board,
and when so presiding shall, in addition to an original vote, have a
casting vote in any case in which the voting is equal.

( 5 ) The quorum of the Board shall be two.
(6) Subject to the provisions of this Schedule the Board shall

regulate its own proceedings.
(7) The validity of any proceedings of the Board shall not be

affected by any vacancy amongst the members or by any defect in the
appointment of a member.

tion (whether by way of honorarium, salary or fees) and such allow- tionof
ances as the Minister may determine. members.

12. No action, suit, prosecution or other proceedings shall be brought Protection

11. There shall be paid to the chairman and members such remunera- Remunera-

01 instituted personally against any member of the Board in respect of mem-
of any action done bona fide in pursuance or execution or intended bers.
execution of the functions of the Board.

13. The office of chairman or member shall not be a public office of €or the purpose of Chapter V of the Constitution of Jamaica. chairman
or member
not public
office.

- ..
[The inclusion of this page is authorized by L.N. 17119891