Text as at 1 July 2026

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77 Criminal record

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Explained inBill clause 77 EM on clause 77

(1)A criminal record must contain, in relation to each previous conviction—

(a)the date of the previous conviction; and

S. 77(3)(a) amended by No. 37/2014 s. 10(Sch. item 41.5).

(b)the court in which the previous conviction took place; and

(c)the place of sitting of that court; and

(d)the offence committed; and

(e)the sentence imposed.

Previous conviction is defined by section 3 to refer only to a conviction or finding of guilt made by a court and does not include an infringement conviction.

Note to s. 77(1) inserted by No. 81/2011 s. 7(1).

(2)If other offences were taken into account when a sentence was imposed in respect of a previous conviction, a criminal record may contain a statement to that effect and the offences taken into account, including the number of offences.

(2A)A criminal record must contain, in relation to each infringement conviction—

S. 77(2A) inserted by No. 81/2011 s. 7(2).

(a)the date on which the infringement notice took effect as a conviction; and

(b)the offence specified in the notice; and

(c)the amount specified in the notice as the penalty for the infringement; and

(d)any other penalty that results from the operation of the notice.

A period of cancellation, disqualification or suspension of a licence or permit.

(3)A criminal record is inadmissible as evidence against the person to whom it relates in a proceeding for an offence unless the criminal record is signed by—

(a)a police officer; or

(b)a Crown Prosecutor; or

(c)a member of staff of the Office of Public Prosecutions who is a legal practitioner; or

(d)in the case of a proceeding commenced by an informant—

(i)a person who is entitled to represent the informant and is a legal practitioner; or

(ii)a public official.