                           CONDUCT CERTIFICATES                     [ CAP.   77.             1
CHAPTER 77
CONDUCT CERTIFICATES ORDINANCE 
To regulate the issue of conduct certificates.
5th January, 1934
ORDINANCE II of 1934, as amended by Ordinances: XII of 1935, XVIII
of 1939, XL of 1940; Act XII of 1957; Ordinance XIV of 1961; Legal Notice
46 of 1965; Act LVIII of 1974; Legal Notice 148 of 1975; and Acts: XXII of
1980, XIII of 1983, VI of 1993 and VI of 2000.
Title.
Ordinance.
Issue of 
certificates. 
Amended by: 
XXII. 1980.2 .
2. Conduct certificates shall be issued by the Commissioner
of Police subject to the provisions of this Ordinance and in
accordance with Form A or B in the First Schedule hereto.
At whose request 
such certificates 
may be issued.
3. Conduct certificates shall be issued only at the instance of
the persons to whom the certificates refer or upon an order of any
court of law given either  ex officio  or at the request of an interested
party.
Particulars of 
certificates. 
Amended by: 
XII.1935.2; 
XL.1940.10; 
XII. 1957.17. 
Substituted by: 
XXII. 1980.3
4. (1) Every conduct certificate issued by the Commissioner
of Police shall state the name, surname, date of birth, identity card
number, and any other particulars tending to identify the person
mentioned in the certificate, and shall contain either - 
( a ) a declaration made in accordance with Form A in the
First Schedule to this Ordinance, to the effect that the
person mentioned in the certificate is of good conduct;
or
( b ) a declaration made in accordance with Form B in the
First Schedule to this Ordinance, containing an
indication of the convictions against the person
mentioned in the certificate by any court of law and
recordable in terms of this Ordinance.
(2) Any person, though convicted of an offence which,
however, is not recordable under the provisions of this Ordinance,
shall be entitled to be given a certificate of good conduct in
accordance with Form A in the First Schedule to this Ordinance.
Certain convictions 
not to be entered in 
certificates. 
Amended by: 
XVIII. 1939.2; 
L.N.148 of 1975. 
Substituted by:
XXII. 1980.4.
5. No conviction or order against any person shall be entered
in a conduct certificate issued under this Ordinance if - 
( a ) it refers to any contravention; or
( b ) the person convicted of a crime was at the time of its
commission still not eighteen years of age; or
( c ) the pardon of the President of Malta has been granted
in respect of that conviction; or
Cap. 446.
  2        CAP. 77. ]                CONDUCT CERTIFICATES
Period of time 
required for the 
non-registration of 
convictions. 
Amended by: 
XVIII. 1939.2; 
XXII.1980.5.
6. Saving the provisions of article 7, no conviction against the
person to whom a conduct certificate refers shall be entered in such
certificate after the lapse of the period specified in the Second
Schedule hereto to be reckoned from the date of the expiration of
the punishment or from the date of the payment of the fine ( multa ),
provided that during such interval, such person shall not have been
again sentenced in respect of any other crime, in which case the
period required for the non-registration of the previous conviction
shall be extended by the period required for the non-registration of
such other conviction: provided, also, that during the course of the
period required for the non-registration of a conviction, any
conviction for a crime committed by the person to whom the
conduct certificate refers, after he has attained the age of eighteen
years, shall be entered in such certificate.
Exceptions. 
Amended by: 
XVIII. 1939.3,4;
VI. 2000.9.
Cap. 101.
Cap. 31.
7. The benefit of the non-registration of a conviction as
provided in article 6, shall not extend to persons who are recidivists
in the crime of theft or fraud or of selling or dealing in drugs
contrary to the provisions of the Dangerous Drugs Ordinance or the
Medical and Kindred Professions Ordinance, or who have been
sentenced in respect of any of the crimes mentioned in the Third
Schedule hereto.
Suspended 
sentence of 
imprisonment. 
Added by: 
VI.1993.2. 
Cap. 9.
7A. The provisions of articles 6 and 7 shall apply to a
suspended sentence of imprisonment, as provided in article 28A of
the Criminal Code, sohowever that when such sentence has not
taken effect the date of the expiration of the punishment of
imprisonment shall be deemed to be the date when the order under
sub-article (1) of the said article 28A shall have been made.
Power of court to 
order non-
registration in 
certain cases. 
Added by: 
XVIII.1939.5. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
8. Notwithstanding the provisions of this Ordinance, the court
may, in passing sentence, or at any time thereafter, on the
application of the person convicted and after hearing the Attorney
General, direct that a conviction be not recorded in the conduct
certificate in either of the following cases:
( a ) if the person convicted of the crime is not twenty-one
years of age at the time of the commission of the
offence; 
( b ) if, having regard to the nature of the crime, the
circumstances in which it was committed, and the
conduct of the person convicted, the court deems it
proper so to direct.
Evidence of 
previous 
conviction.
9. The provisions of this Ordinance shall not operate so as to
prevent any interested party from producing, in any criminal or
civil proceedings, evidence of any previous conviction against the
person charged or accused or against any person who is a party to
the proceedings or has been produced as witness, provided such
evidence is considered by the court to be relevant.
                           CONDUCT CERTIFICATES                     [ CAP.   77.             3
FIRST SCHEDULE 
[S E C T I O N S  2 A N D  4]
Amended by: 
XIV.1961.2. 
Substituted by: 
XXII.1980.6. 
Amended by: 
XIII. 1983.4.
FORM A 
MALTA POLICE CERTIFICATE OF CONDUCT 
No.
I declare that, in terms of the Conduct Certificates Ordinance (Cap. 
77),                                                                (name and surname)
 (Identity Card No.                                    ),
son of                                                                             born on the 
                                              at 
and residing at
is a person of good conduct.
                                                             Police H.Q. 
                               Malta,                                               19 
Fee paid Lm1
(Date and initials)
Commissioner of Police
  4        CAP. 77. ]                CONDUCT CERTIFICATES
Amended by: 
XIV. 1961.2. 
Substituted by: 
XXII.1980.6. 
Amended by: 
XIII. 1983.4.
FORM B
 MALTA POLICE
CERTIFICATE OF CONDUCT 
No. 
I declare that the conviction/convictions specified on the back of
this certificate and recordable in terms of the Conduct Certificates
Ordinance, (Cap. 77), appears/appear in the Registers of the
Criminal Record Office against
( name and surname ) 
                                       (Identity Card No.
), son of
born on the
at                                                          and residing at 
Police H.Q.
                                        Malta,                                     19 
Fee paid Lm 1
(Date and initials)
Commissioner of Police
                           CONDUCT CERTIFICATES                     [ CAP.   77.             5
Substituted by: 
XXII. 1980.7.
SECOND SCHEDULE 
[S E C T I O N S  4 A N D  6]
 
Substituted by: 
XXII. 1980.8. 
THIRD SCHEDULE 
[S E C T I O N  7]
Cap. 9.
l. Crimes against the safety of the Government contemplated
in Title I of Part II of Book First of the Criminal Code.
Cap. 9.
2. The crimes contemplated in Sub-title III of Title III of Part
II of Book First of the Criminal Code.
Cap. 9.
3. Crimes affecting public trust contemplated in Title V of
Part II of Book First of the Criminal Code, with the exception of
the crimes contemplated in Sub-title II.
 
Sentence  Period of time 
required for the 
non-registration of 
a conviction
(a) sentence for a period exceeding ten
years .............................................................. 10 years 
(b) sentence for a period exceeding five
but not ten years ............................................. 5 years
(c) sentence for a period exceeding one
year but not five years .................................... 3 years
(d) sentence for a period not exceeding
one year ........................................................ 1 year
(e) sentence of a fine ( multa ) ................... 6 months   from 
date of payment of 
the fine.
