Disclosure of Spent Convictions in Court Proceedings

Section 3(2)(a), (aa), (b) and (c) of the RHO allow spent convictions to come into evidence in proceedings relating to the interests of an infant (for example, child-custody hearings in divorce proceedings) and in applications to become a foster parent. In proceedings relating to infants, the welfare of the infant is the first and paramount consideration. In these situations, it is right that the court should have access to all material that could be relevant to the decision it has to make.

Spent convictions can also come into evidence if the convicted persons consent to the admission of evidence relating to those convictions or want to bring the convictions into evidence for their own reasons, or in any proceedings where the tribunal is satisfied that justice cannot be done except by admitting evidence relating to the convictions.