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FREQUENTLY ASKED QUESTIONS Registration of Criminals (Amendment) Bill

1.

What is the purpose of amending the Registration of Criminals Act?

The Registration of Criminals Act is amended to allow the record of a conviction kept in the Register of Criminals for a less serious crime to be considered as spent if the person stays clean after a specified period. The purpose is to help such deserving ex-offenders put their past behind them and re-integrate into the society.

2.

When will the Registration of Criminals (Amendment) Act 2005 come into operation?

The Registration of Criminals (Amendment) Act 2005 came into operation on 17 Oct 2005.

3.

What is the definition of criminal record?

Under the RCA, Police keeps records in the Register of Criminals of persons convicted of any crime specified in the First and Second Schedules of the Act. Particulars such as the photograph, finger impressions, and conviction records are recorded. It is a record for life. The Register of Criminals is very useful in Police investigations, especially in the identification of suspects. The courts also make use of these criminal records when sentencing repeat offenders.

4.

What are the criteria for a persons criminal record to be rendered spent?

Under the Registration of Criminals Act, there are stipulated criteria to ensure that the need to provide a second chance to ex-offenders is balanced with the security of the rest of society. These criteria are listed in the new section 7B and 7C of the Registration of Criminals Act. First, the person must satisfy a crime-free period. This is a period of 5 years starting from either the date of sentence (for cases where no term of imprisonment is imposed) or the date of release from legal custody. During the 5 years, the person must not be convicted of another crime, or be unlawfully at large for a crime. He must not be detained or placed under police supervision under the Criminal Law (Temporary Provisions) Act, and he must not be subject to supervision or admitted to a drug rehabilitation centre or other centre for drug or inhalant abuse. Secondly, the person must not be disqualified from having his record spent on any of the grounds in section 7C , which are that a b

his conviction was for any offence specified in the Third Schedule; the sentence imposed on him for that conviction includedi ii a term of imprisonment exceeding 3 months; or a fine exceeding $2000;

that conviction was for a crime committed within 5 years after he had been released fromi an approved institution under the Misuse of Drugs Act; or

ii d e f g

an approved centre under the Intoxicating Substances Act;

he has been detained or subject to police supervision under the Criminal Law (Temporary Provisions) Act anytime before that conviction; from the time being, he has a warrant of arrest for any offence issued against him which is outstanding ; he has more than one criminal conviction in the register kept by the Police, whether or not those convictions arise from the same particular occasions; or he has had any previous record in the criminal register being rendered spent

5.

A person was sentenced to a fine by the court. However, he was imprisoned in default of the payment for the fine. Is this counted as term of imprisonment?

Imprisonment in default is not regarded as a term of imprisonment for the purposes of determining the starting date of the crime-free period. In other words, if a person is imprisoned because he is unable to pay a fine, his crime-free period still commences from the date of sentence.

6.

What are the registrable offences which if a person is charged with and convicted by the court, will give rise to criminal records kept in the register by the Police?

Registrable offences are offences listed in the First and Second Schedules of the Registration of Criminals Act, such as murder, kidnapping, rape, theft, cheating, trespass, mischief, forgery, counterfeiting, and offences under Acts such as the Misuse of Drugs Act, Prevention of Corruption Act, Women s Charter and so on. First Schedule Second Schedule

7.

What are the offences specified in the Third Schedule?

The Third Schedule lists out the offences for which a criminal record cannot be spent, such as drug trafficking, rioting, culpable homicide, causing grievous hurt, sexual offences, gang-robbery, and so on. Third Schedule

8.

Is the record of an offence not found in the First and Second Schedules of the Registration of Criminals Act considered as a criminal record?

A record of an offence not included in the Schedules of the RCA (i.e. a non-registrable offence) will not be considered a criminal record. The term criminal record is defined as records of convictions for offences registered under the Registration of Criminals Act.

9.

What is the effect of a spent record?

A person with a spent record is deemed to have no such record and may lawfully not disclose the spent record for all purposes, except in the case of: i ii iii iv any investigation by a person authorised under the law; any prosecution against the person for any offence; any proceedings before a court; and any appointment to an office or employment in a profession for which the person may be disqualified under written law by reason of that conviction.

10.

If a persons criminal record is spent, does it mean that he can answer no when asked if he has a criminal record in an employment application?

A person who has a criminal record that is rendered spent can say no when asked if he has a criminal record in an employment application.

11.

If a persons criminal record is spent, does it mean that he can answer no when asked if he has ever been convicted in a court of law in an employment application?

A persons criminal record that is rendered spent does not change the fact that h e had been convicted before. Hence the person has to answer yes when asked if he has ever been convicted in a court of law.

12.

Does a person need to apply to the Police for his record to be rendered spent? How would a person know whether his criminal record has been rendered spent?

There is no need for a person to apply to the Police for his record to be rendered spent. Those who qualify will automatically have their criminal record rendered spent. Persons who wish to know whether their criminal records have been marked as spent can make an appointment via the hotline 6557 5700 to meet the counter staff of the Police Records Office located at Police Cantonment Complex, in order for the Police to ascertain their identities and safeguard the confidential information. On 28 Apr 2006, an electronic portal will be launched by the Police to enable ex-offenders who qualified for their records to be marked as spent the convenience of round the clock accessibility to confirm their spent record status on-line. They can access the electronic portal through the internet websites: http://www.spf.gov.sg or http://www.ecitizen.gov.sg, using their NRIC numbers as the login ID and SingPass(Singapore Personal Access) as the authentication password. More information on SingPass can be found in the SingPass website at http://www.ecitizen.gov.sg/singpass/index.htm . Persons who have no internet access or wish to clarify the contents of the information on the electronic portal may call the inquiry hotline at 6557 5700 during office hours.

13.

How would a foreigner know whether his criminal record has been rendered spent?

Foreigners who qualify will automatically have their criminal record rendered spent. Those who wish to know whether their records have been spent can write in to the Police at the following address for necessary procedures. Address: Head Criminal Records Criminal Investigation Department 391 New Bridge Road, Block C Police Cantonment Complex Singapore 088762.

14.

What will happen to a persons registrable particulars such as fingerprints, photographs and body samples records if his criminal record is rendered spent?

A criminal record that has been rendered spent is not erased from the Register of Criminals. Thus the registrable particulars collected as part of that criminal record will still remain in the Register of Criminals kept by the Police but the record will be marked as spent.

15.

Will pending cases against me during or after the 5-year crime-free period affect my chances of my criminal record of a previous conviction being rendered spent?

A criminal record becomes spent when a person satisfies a crime-free period of 5 years. If, during the 5year period, the person is convicted in court of another registrable offence, or if he is unlawfully at large in respect of a registrable offence, his record will not become spent. In addition, if a person has an outstanding warrant of arrest, he will be disqualified from having his record spent as long as the warrant remains outstanding. However, if the person has satisfied the crime-free period, his record will become spent and any subsequent conviction or warrant of arrest will not revive the earlier record.

16.

Will a person who had previously been placed on probation be eligible for his criminal record to be rendered spent?

A probation is not considered a conviction and thus not a criminal record. A person who was placed on probation for committing an offence does not have a criminal record relating to that offence. His probation also does not disqualify him from having a subsequent record of a conviction for another offence rendered spent.

17.

Are there exceptions where the criminal records are relevant even when spent?

The criminal records that can become spent are those of minor offences. However, there may be some sensitive professions or appointments from which a person may be disqualified by reason of his past convictions. Certain laws, such as the Medical Registration Act and others, already stipulate that a person convicted of certain offences, such as those involving dishonesty, be disqualified from either joining the profession or being appointed to certain posts within the profession. This amendment to the Registration of Criminals Act will not displace any of the existing requirements in the law for the various professions. In other words, the criteria for joining or being appointed to these professions or positions is determined by the specific laws relating to those professions or appointments.

18.

Can a persons criminal record be rendered spent if he has just missed the criteria by a few days or by a few hundred dollars? Is there an appeal channel?

A person who is disqualified by the conditions stated in section 7C of the Registration of Criminals Act can apply to the Commissioner of Police under section 7D of the RCA for their criminal records to be rendered spent.

19. How would a persons spent criminal records affect his ability to engage in activities overseas, for example, employment, immigration, studies, adoption? Is it legal for the person to declare that he has no criminal record to the foreign government authorities, that is, will he be liable for committing an offence?

The Registration of Criminals Act is a domestic law which applies within Singapore. If a person is employed by an employer in Singapore under Singapore law but posted overseas, the RCA applies, and he may lawfully not disclose a spent record when asked about his criminal record. However, if the matter is not governed by Singapore law, then the answer will depend on the law in the relevant foreign country.

20.

What is the Home Team doing to educate the public and employers on giving exoffenders a second chance?

The Home Team will engage employers to encourage them to ask about criminal records instead of previous convictions in their employment questionnaires, if they require information about the criminal history of potential employees.

21.

Will the public be in danger (compromise on public safety) because ex-offenders are getting their records spent, for this may mean that there is no prior knowledge of their criminal past and hence little room for taking precautions against them reoffending in future?

While the government is committed to giving ex-offenders a second chance, public safety remains the key concern. This is why only records of less serious crimes are allowed to be rendered spent. These are very minor crimes such as shop theft where public safety would not be compromised even with the implementation of the policy to render these records spent. Criminal records of serious crimes such as culpable homicide and drug trafficking will not qualify to be rendered spent.

22.

Why cant the government take a more liberal approach by expunging the criminal record of minor offences?

There is a need to strike a balance between the interest of ex-offenders and the interest of employers and the concerns of society. As this is a new initiative, the government has decided to adopt a more cautious approach by providing for records to be spent instead of expunged. The scheme will be regularly reviewed and the expunging of criminal records can be considered in the future.

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