s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

In this Law —
"Board" means the Expungement Board established by section 5;
"Caymanian" has the same meaning as in section 2 of the Immigration Law (2015 Revision);
"Chairperson" means the Chairperson of the Board appointed pursuant to paragraph 2 of Schedule 1;
"Commissioner" means the Commissioner of Police appointed under section 8 of the Police Law (2017 Revision);
"conviction" means —
a conviction in the Islands;
a conviction by or before a court outside the Islands; or
a finding in criminal proceedings that a person has committed an offence, done an act or made the omission charged;
"crime-free period", in relation to a court other than a juvenile court, has the meaning assigned in section 21;
"crime-free period", in relation to a juvenile court, has the meaning assigned in section 22;
"criminal record" means a record containing a person's information in relation to a conviction for an offence, which is kept —
by a court;
by the Royal Cayman Islands Police Service;
by a department of Government or any other public authority; or
for the purposes of Her Majesty's forces, whether in the Islands or elsewhere;
"expunged", in relation to a criminal record, means a criminal record that has been spent and has been expunged from the criminal records pursuant to this Law;
"firearm" has the same meaning as in section 2 of the Firearms Law (2008 Revision);
"Governor" means the person for the time being holding the office of Governor of the Cayman Islands, and includes any person for the time being lawfully performing the functions of that office;
"information", in relation to criminality, means information imputing that a named or otherwise identifiable living person has committed or been charged with or prosecuted for, or convicted of, or sentenced for, any offence which is the subject of an expunged criminal record;
"proceedings before a judicial authority" includes, in addition to proceedings before a court of law, proceedings before a tribunal, body or person having power —
by virtue of any law, custom or practice;
under the rules governing an association, institution, profession, occupation or employment; or
under a provision of an agreement providing for arbitration with respect to questions arising under the agreement,
to determine a question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of that question;
"sentence" includes an order made by a court dealing with a person in respect of a conviction for an offence directing anything to be done or not to be done by the person and includes —
an order for committal or other order made in default of payment of a fine or other sum adjudged to be paid by or imposed on conviction; and
an order dealing with a person in respect of a suspended sentence of imprisonment;
"spent", in relation to a conviction, means a conviction where the relevant crime-free period has expired and the Board has declared it to be spent; and
"vulnerable person" means a person referred to in section 38.
For the purposes of this Law, the following are "ancillary circumstances" in relation to a conviction —
the offence which is the subject of that conviction;
the conduct constituting the offence;
a process or proceedings preliminary to that conviction;
a sentence imposed in respect of that conviction;
proceedings, whether by way of appeal or otherwise, for reviewing that conviction or that sentence; and
anything done under or in compliance with a sentence.
For the purposes of this Law —
the following are to be treated as a single term of imprisonment —
consecutive terms of imprisonment;
terms of imprisonment which are wholly or partly concurrent, and which were imposed in respect of offences of which a person was convicted in the same proceedings;
no account shall be taken of any subsequent variation of a term originally imposed by a court in dealing with a person in respect of a suspended sentence of imprisonment; and
a sentence imposed by a court outside the Islands which is substantially the same as a sentence of any description mentioned in this Law shall be treated as being the same as a sentence described in this Law.

Defined Terms

BoardCaymanianChairpersonCommissionerconvictioncrime-free periodcriminal recordexpungedfirearmGovernorinformationproceedings before a judicial authoritysentencespentvulnerable person

Cross References