Criminal Records (Spent Convictions) Bill, 2016

The Criminal Records (Spent Convictions) Bill, 2016 has been gazetted and is among a number of key pieces of legislation that will be debated in the upcoming sitting of Legislative Assembly.

“This new regime will positively impact the prospects of Caymanians who have served their time for offences and have demonstrated their individual ability to live productive lives. It will enhance the employment prospects of ex-offenders. It will assist in removing travel restrictions as well as help to reduce the barriers to successful reintegration into the community,” said Premier Hon. Alden McLaughlin. “I am pleased that we are able to bring this forward as it was one of the goals of this government.”

The Criminal Records (Spent Convictions) Bill, 2016 seeks to repeal and replace The Rehabilitation of Offenders Law (Law 20 of 1985). It was recognised that as other pieces of related legislation were revised and updated in recent years, the provisions in the Rehabilitation of Offenders Law were inadequate. Consequently, a number of former offenders found themselves unable to obtain clean police records, even after living crime-free lives in the community for a decade or more in some instances. This resulted in a variety of barriers and obstacles to success for them and their families.

The framework recommended in the Criminal Records (Spent Convictions) Bill, 2016 improves the regime under which former offenders are dealt with and introduces a mechanism for the expungement of criminal records in the Cayman Islands which aligns with contemporary international standards.

In addition to considering established best practices, due consideration was given to the economic and social conditions in the Cayman Islands and the need to ensure public safety and protection, to ensure that the proposed new framework is balanced and meets the needs of the country as a whole.