Section 5E
Section 5E
(1)
A person who does not qualify under section 5D to have his conviction for any offence committed under section 5C(1) to be treated as spent may, at any time, apply to the Commissioner of Police to have the conviction treated as spent.
(2)
An application by a person under subsection (1) shall be in such form and accompanied by such documents, particulars and information as the Commissioner of Police may require.
(3)
Upon receiving an application under subsection (1), the
Commissioner of Police may —
(a)
refuse to grant the application; or
(b)
grant the application.
(4)
In determining whether to grant an application to treat the applicant’s conviction as spent, the Commissioner of Police shall have regard to the circumstances of the case, including the following factors —
Criminals Registration 12
(a)
the severity of the offence for which the conviction is to be spent;
(b)
the severity of the sentence imposed for that conviction;
and
(c)
the applicant’s conduct subsequent to the conviction.
(5)
Where any document, particular or information given under subsection (2) is false in a material particular, the Commissioner of Police may, after giving the person concerned a reasonable opportunity to be heard in writing, revoke his grant of the application to treat the person’s conviction as spent.
(6)
Nothing in this section shall be construed to prevent the prosecution, conviction and punishment of any person according to the provisions of any other written law for the time being in force.
Consequences of spent convictions.