ACT No. XXIV of 2010 AN ACT to amend the Conduct Certificates Ordinance (Cap.

I assent.

G EORGE A BELA

(L.S.)

President

21st December, 2010

ACT No. XXIV of 2010

AN ACT to amend the Conduct Certificates Ordinance (Cap.

77).

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Conduct Certificates

Ordinance (Amendment) Act, 2010, and this Act shall be read and

construed as one with the Conduct Certificates Ordinance, hereinafter

referred to as "the Ordinance".

(2) This Act shall come into force on such date as the Minister

responsible for justice may by notice in the Gazette appoint, and

different dates may be so appointed for different purposes and for

different provisions of this Act.

Article 3 of the Ordinance shall be re-numbered as

subarticle (1) thereof, and immediately after subarticle (1), as re-

numbered, there shall be added the following

"(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, the Commissioner of Police to

submit a complete record of 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 Malta’s international commitments, disclose information on

criminal convictions to an overseas competent authority; the

Commissioner of Police may likewise record criminal

convictions received from an overseas competent authority.

For the purpose of this subarticle "overseas competent

authority" means an authority which, in a country or territory

outside Malta, exercises any function corresponding to the

functions of the Commissioner of Police under this Ordinance.".

Article 4 of the Ordinance shall be amended as follows

Amendment of

article 4 of the

Ordinance.

(a)

in paragraph (b) of subarticle (1) thereof, for the

words "by any court of law," there shall be substituted the words

"by any court of law, whether in Malta or abroad,"; and

(b) in subarticle (2) thereof, for the words "shall be

entitled to be given a certificate of good conduct in accordance

with Form A in the First Schedule to this Ordinance" there shall

be substituted the words "shall be entitled to be given a

declaration to the effect that the person has no recordable

offences under the terms of this Ordinance".

Article 6 of the Ordinance shall be amended as follows

Amendment of

article 6 of the

Ordinance.

(a)

for the words "or from the date of the payment of the

fine (multa)," there shall be substituted the words "or from the

date of the payment of the fine (multa):";

(b)

the words from "provided that during such interval"

to the words "shall be entered in such certificate." shall be

deleted; and

(c)

immediately after the words "or from the date of the

payment of the fine (multa):", there shall be added the following

two provisos

"Provided that if during such period that person is

again sentenced in respect of any other crime, including a

suspended sentence, any previous conviction or

convictions which have not expired according to Second

Schedule, shall continue to be 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 the period for non-registration of

the last conviction shall be extended up to the expiration of

the longer period of non-registration of any previous

conviction.".

Article 7A of the Ordinance shall be amended as follows

(a)

for the words "the date of the expiration of the

punishment of imprisonment shall be deemed to be the date

when the order under subarticle (1) of the said article 28A shall

have been made." there shall be substituted the words "the

period required for non-registration shall elapse at the end of the

operational period mentioned in the order made under sub-

article (1) of the said article 28A:"; and

(b) immediately thereafter there shall be added the

following proviso

"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.".

Article 8 of the Ordinance shall be amended as follows

(a)

for the words "the court may, in passing sentence, or

at any time thereafter, on the application of the person

convicted" there shall be substituted the words "the court may,

in passing sentence, and the Criminal Court, at any time

thereafter, whether the sentence is handed down by the Court of

Magistrates or by the Criminal Court, on the application of the

person convicted, set the hearing of the application within thirty

days of the filing of the application,";

(b) for the words "the court deems it proper so to

direct." in paragraph (b) thereof, there shall be substituted the

words "the court deems it proper so to direct:"; and

(c)

immediately after the article there shall be added the

following provisos

"Provided that the provisions of this article shall

not apply to the exceptions mentioned in article 7

Provided further that the Criminal Court may, upon

an application from the convicted person, after having

been found guilty by the court, order that the conviction be

not entered on the conduct certificate in those cases,

notwithstanding the provisions of article 7, and under those

conditions as may be prescribed by the Minister

responsible for home affairs.".

Immediately after article 9 of the Ordinance there shall be Addition of new

article to the

added the following new article

Ordinance.

" Power of

The Minister responsible for the Police

Minister to

may by regulations amend, revoke, add to or

make

substitute the Schedules annexed to this

regulations.

Ordinance and may also make regulations for

the better carrying out of the provisions of

this Ordinance.".

8. Immediately after paragraph 3 of the Third Schedule to the Amendment of

Third Schedule

Ordinance, there shall be added the following new paragraphs

to the

Ordinance.

"4. Crimes against the Good Order of Families

contemplated in Sub-title II of Title VII of Part II of Book First

of the Criminal Code (articles 198 to 209).

5. Crimes against the Person contemplated in Sub-title

I of Title VII of Part II of Book First of the Criminal Code

(articles 211 to 213).".

9. Immediately after the Third Schedule to the Ordinance, Addition of new

Schedule to the

there shall be added the following new Schedule

Ordinance.

"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".

Passed by the House of Representatives at Sitting No. 294 of the

7th December, 2010.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives