Report of the Select Committee on Security and Constitutional Affairs on the Criminal Procedure Amendment Bill [B42B – 2008] (National Assembly – sec 75), dated 18 November 2008.

The Select Committee on Security and Constitutional Affairs, having considered the Criminal Procedure Amendment Bill [B42B -2008] (National Assembly – sec 75) referred to it, reports the Bill with proposed amendments as follows:

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1. On page 2, in the seventh line, to omit “exungment” and to substitute “expungement”.

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1. On page 5, in line 17, to omit “paragraphs (b) and (c)” and to substitute “paragraph (b)”.

2. On page 5, from line 52, to omit paragraph (c).

3. On page 6, in line 3, after “(2)”, to insert “(a)”.

4. On page 6, in line 8, after “(1)”, to insert:

“, unless the Director-General is of the view that the expungement of a particular criminal record could bring the administration of justice into disrepute or would not be in the interests of justice, in which case he or she must refer the matter, together with his or her reasons, to the Minister for a decision.

(b) The Minister must, on receipt of a matter referred to him or her by the Director-General as provided for in paragraph (a), issue a certificate of expungement, directing that the criminal record in question be expunged, if he or she is satisfied that the expungement of the criminal record would not bring the administration of justice into disrepute or would be in the interests of justice.”.

5. On page 7, in line 41, to omit “271B(2)” and to substitute “271B(2)(a)”.

6. On page 7, in line 42, after “section”, to insert “271B(2)(b) or section”.