CONDUCT CERTIFICATES ORDINANCE

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; Legal Notices 97 of 2011, and 265 and 426 of 2012; Act

XXIV of 2014; Legal Notice 52 of 2015; and Acts XXXI of 2016, XVI of

2018 and Legal Notices 294 of 2018, 144 of 2019,239, 409 of 2020, 16 and

391 of 2021 and Act LXVI of 2021 and Legal Notices 58 of 2023 and 21, 44

and 181 of 2024 and Acts II of 2024 and XXV of 2025 and Legal Notice 209

of 2025.

The short title of this Ordinance is Conduct Certificates

Ordinance.

Amended by

XIV.1961.2.

[Articles 2 and 4]

Substituted by

XXII.1980.6.

Amended by

XIII. 1983.4.

Substituted by

L.N. 408 of 2007.

Amended by

L.N. 97 of 2011;

L.N. 426 of 2012;

XXIV. 2014.84;

L.N. 181 of 2024;

L.N. 209 of 2025.

FORM A

MALTA CERTIFICATE OF CONDUCT

No.

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

(name and surname)

Legally valid identification document number

),

son of

born on the

at

and residing at

is a person of good conduct.

Conducts and Criminal Records Office

Malta,

Fee paid €2.80

(Date and initials)

Director, Department of Justice within the Ministry responsible for Justice

FORM B

CERTIFICATE OF CONDUCT

No.

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)

(Legally valid identification document number.

), son of

born on the

at

and residing at

Conducts and Criminal Records Office

Malta,

Fee paid €2.80

(Date and initials)

Director, Department of Justice within the Ministry responsible for Justice

The Department of Justice shall be responsible to

(a) maintain a national criminal records register; and

(b) issue conduct certificates subject to the provisions of

this Ordinance and in accordance with Form A or B in

the First Schedule.

Substituted by

XXII.1980.7.

[Articles 2 and 4]

Amended by

XXV.2025.9.

Sentence

Period of time

required for the non-

registration of a

conviction

sentence for a period exceeding ten years ..................

5 years

(a)

sentence for a period exceeding five but not ten years

3 years

(b)

sentence for a period exceeding one year but not five

(c)

years .........................................................................

2 years

sentence for a period not exceeding one year .............

3 months if the

(d)

punishment does not

exceed 6 months and

6 months if the

punishment exceeds

6 months

sentence of a fine (multa) .......................................... upon payment of the

(e)

fine (multa)

(1) Conduct certificates shall be issued only at the request

of the persons to whom the certificates refer or upon an order of

any court of law given either ex officio or at the request of an

interested party.

(2) Requests for the issue of conduct certificates referred to in

sub-article (1), shall be made by the applicant himself either at the

Conducts and Criminal Records Office within the Department of

Justice within the Ministry responsible for justice, which requests

shall be processed and the conduct certificate shall be issued to the

applicant immediately, or by means of electronic means requesting

that the conduct certificates be delivered by post at the address of

the principal place of residence as indicated on the identity card

Provided that the Director, Department of Justice within the

Ministry responsible for justice shall only be responsible to dispatch

by post the conduct certificate and shall not be responsible for its

delivery to the applicant.

(3) The competent authorities listed in the Fourth Schedule and

designated by the Minister responsible for justice for this purpose may

request, with the consent in writing of the person to whom the record

of criminal convictions relates, the Director of the Department of

Justice within the Ministry responsible for justice to submit a complete

record of criminal convictions of the person to whom they relate.

(4) The request made in accordance with sub-article (3) 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.

(5) The Director, Department of Justice within the Ministry

r e s p o n s i b l e f o r j u s t i c e m a y a l s o , o n t h e b a s i s o f M a l t a ’s

international commitments, disclose information on criminal

convictions to an overseas competent authority; the Director,

Department of Justice within the Ministry responsible for justice 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.

(6) In accordance with their functions at law, the following

competent authorities shall have continuous direct access to the

complete record of criminal convictions of a person

(a)

the Attorney General;

(b)

the Commissioner of Police;

(c)

the Security Service.

Substituted by

XXII.1980.8.

[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.

Every conduct certificate issued by the Director, Department

of Justice within the Ministry responsible for justice shall state the

name, surname, date of birth, the number of a legally valid

identification document, 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.

(1)

Any person to whom a certificate in accordance with

Form B in the First Schedule is issued or may be issued in accordance

with paragraph (b) of article 4, may apply to the Rehabilitation

Certificates Board established by article 4B to be issued with a

Rehabilitation Certificate.

(2)

The application referred to in sub-article (1) shall be made

by not later than two (2) months prior to the date of the applicant’s

release from the correctional facility and the Rehabilitation Certificate

shall be issued on the day of release of the applicant from the

correctional facility or by not later than fifteen (15) days thereafter

Provided that the Rehabilitation Certificates Board may

within three (3) months from the coming into force of this article or in

exceptional cases and for good reason receive an application and issue

a certificate not within the time limits provided for in this sub-article.

(3)

A Rehabilitation Certificate shall be strictly factual and

shall list the rehabilitative programmes in which the applicant has

participated whilst serving the sentence, and it shall also indicate

whether the applicant was subjected to disciplinary punishments

during that period due to his behaviour in the correctional facility. The

certificate shall be issued by the Rehabilitation Certificates Board after

verifying the relevant facts either directly or through a sub-committee

thereof.

(1)

There shall be a Board to be known as the

Rehabilitation Certificates Board, hereinafter in this article referred to

as the "Board", which shall be competent to issue Rehabilitation

Certificates.

(2)

The Rehabilitation Certificates Board shall be composed as

follows

(a)

a Chairperson appointed

by

the

Minister

responsible for correctional services;

(b)

the Director of the Corradino Correctional

Facility ex officio;

(c)

the Director of the Department responsible for

probation and parole ex officio

Provided that the members referred to in paragraphs (b) and

(c) may appoint an officer from the Corradino Correctional Facility and

an officer from the Department for Probation and Parole respectively as

their representative to act in their stead on the Board.

(3)

The Chairperson of the Board shall be appointed for a

period of four (4) years which may be renewed for a further period of

four (4) years.

(4)

The Board shall when in its discretion it considers that the

work exigencies so require, have the power to appoint one or more

sub-committees to be composed from amongst social workers, co-

ordinators of educational programmes and psychologists, who are

active in the correctional facility, and representatives of non-

governmental organisations active in the field of rehabilitation of

persons sentenced to imprisonment.

(5)

The Board and its sub-committees shall have the power to

hear witnesses and shall be granted access to the documents

concerning the applicant held by the correctional facility for the

purpose of carrying out their functions

Provided that the application for a Rehabilitation Certificate

shall include the applicant’s explicit consent for the Board to process

his personal data for the purpose of issuing a Rehabilitation

Certificate.

(6)

The Board and its sub-committees shall regulate their own

procedure.

Added by

XXIV. 2010.9.

[Article 3(3)]

Substituted by

L.N. 265 of 2012.

Amended by

L.N. 52 of 2015;

XVI.2018;

Fourth Schedule.

L.N. 294 of 2018;

L.N. 144 of 2019;

L.N. 239 of 2020;

L.N. 409 of 2020;

L.N. 16 of 2021;

L.N. 391 of 2021;

L.N. 58 of 2023;

L.N. 21 of 2024;

L.N. 44 of 2024;

L.N. 181 of 2024;

L.N. 209 of 2025.

List of competent authorities with the right to request complete record

of criminal convictions from the Director, Department of Justice within the Ministry

responsible for Justice

The Authority for Transport in Malta

The Malta Gaming Authority, in respect of applications for a licence and the

supervision of licence holders, in terms of the Gaming Act.

The Council for the Teaching Profession in Malta, established by the Education Act

(Cap. 327) or any other regulatory body established by law to regulate educators’

professions, in respect of any person who applies to hold a warrant of an educator as

defined by the Education Act or any other law regulating the Council.

The Public Service Commission, in respect of any person who is employed in the

public service or who is a candidate for employment in the public service.

The Security Service.

The Armed Forces of Malta.

The Financial Intelligence Analysis Unit.

The Malta Financial Services Authority.

The Commissioner for Voluntary Organisations.

The Identity Malta Agency.

The Directorate (Child Protection).

The Directorate Alternative Care (Children and Youths).

Aġenzija Sedqa.

The Authority on the Responsible Use of Cannabis.

The Commerce Department, in respect of the issue, maintenance or renewal of a

licence relating to the dealing in precious metals and stones.

The Correctional Services Agency.

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

(d) it is made under the provisions of the Probation Act or

relates to a sentence which is suspended and has not

taken effect;

(e) it is a sentence whereby the only punishment imposed is

a fine (multa) and the said fine (multa) was paid or a

conviction for an offence under the Medical and

Kindred Professions Ordinance or under the Dangerous

Drugs Ordinance or under any other law for possession

for personal use of a prohibited drug.

Saving the provisions of article 7, no conviction against the

person to whom a conduct certificate refers shall be entered in such

certificate after the lapse of the period specified in the Second

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

sentenced in respect of any other crime, , including a suspended

sentence that has come into effect, 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

e xt en de d u p t o t he e xp ira ti o n of t he l on g er peri o d o f n on -

registration of any previous conviction.

The benefit of the non-registration of a conviction as

provided in article 6, shall not extend to persons who are recidivists

in the crime of theft or fraud or of selling or dealing in drugs

contrary to the provisions of the Dangerous Drugs Ordinance or the

Medical and Kindred Professions Ordinance or, when a court in

giving judgment so orders, to persons who are recidivists in crimes

liable to a punishment of imprisonment exceeding three (3) years which

arise from acts which constitute gender based violence or domestic

violence, or who have been sentenced in respect of any of the crimes

mentioned in the Third Schedule hereto.

Deleted by Act XXV.2025.7.

Notwithstanding the provisions of this Ordinance, the court

may, on the 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.

Where a person has been convicted of an offence which has

been subsequently decriminalised or depenalised or which relates to a

conviction for an offence which was subsequently included in article 5

as a conviction or order which shall not be entered in a conduct

certificate issued under this Ordinance, such person may send a written

request to the Government department or entity responsible for the issue

of conduct certificates, to deregister the said conviction from his

conduct certificate, and the said Government department or entity shall,

upon ensuring that such offence is no longer subject to being entered in a

conduct certificate or has been so decriminalised or depenalised, accept

such person’s request and effect the said deregistration.

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.

The Minister responsible for justice may by regulations

amend, revoke, add or substitute the Schedules to this Ordinance and

may also make regulations for the better carrying out of the provisions

of this Ordinance and to transpose, implement and give effect to the

provisions and requirements of Directives, Regulations and any other

legislative measures of the European Union requiring transposition or

implementation.