Section 5C
Section 5C
(1)
Subject to section 5D, where a person has been convicted of an offence in Brunei Darussalam, such conviction shall be capable of becoming spent in accordance with this Part, whether the conviction is before, on or after the commencement date.
(2)
Where a person’s conviction under subsection (1) is for an offence other than an excluded offence specified in the Schedule and he has completed the relevant crime-free period, his conviction in respect of such offence shall become spent on the expiration of the crime-free period applicable to the person, unless he is not qualified under section 5D.
Criminals Registration 10
(3)
A person’s conviction that is spent in accordance with this section shall not be revived by the subsequent conviction of the person for any offence after the crime-free period.
(4)
In this Part —
“crime-free period” means a period of not less than five consecutive years starting from the relevant date applicable to a person, during which the person —
(a)
has not been convicted of an offence;
(b)
has not been unlawfully at large in relation to any offence;
(c)
has not been subject to a detention order under or an order for any other purposes stated in section 3(1) of the Internal
Security Act (Chapter 133); and
(d)
has not been detained or subject to supervision under section 2 of the Criminal Law (Preventive Detention) Act
(Chapter 150);
“relevant date”, in relation to a person, means —
(a)
where the sentence of the person does not include a term of imprisonment and is no longer subject to appeal, the date on which the sentence was passed;
(b)
where the sentence of the person includes a term of imprisonment and is no longer subject to appeal, the date of his release from legal custody; or
(c)
where a sentence of imprisonment has been wholly remitted or commuted to or substituted with a sentence other than a term of imprisonment, the date of that remission, commutation or substituted sentence, as the case may be.
(5)
A sentence of imprisonment specified in subsection (4) shall not include any sentence of imprisonment which the court imposes in default of payment of a fine.
Person not qualified to have his conviction become spent.