Cap. 77 · Conduct Certificates Ordinance (Cap. 77)
Cap. 77 Art. 3At whose request such certificates may be issued.
(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 or at the request of an ex officio 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 responsible for justice may also, on the basis of Malta’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.
Änderungsgeschichte
- Amended by II.2024.3