From Our Desk

This case underscores the legal principle that an unrecorded criminal conviction is generally treated as not being a conviction for most purposes, including, and importantly, when considering the granting, renewal or revocation of weapons licenses. 

Understanding Unrecorded Criminal Convictions. 

Under Section 12(3) of the Penalties and Sentences Act 1992 (Qld), a conviction that is not recorded is taken not to be a conviction for any purpose, unless an exception applies. This provision aims to prevent individuals, particularly young, first-time or low-level offenders, from facing undue hardship due to a criminal record, thereby facilitating their rehabilitation and reintegration into society.  

The Case of Commissioner of Police v XPR.

In Commissioner of Police v XPR, the Court of Appeal examined whether the Queensland Police Service’s Weapons Licensing Branch could consider an unrecorded criminal conviction when assessing an individual’s suitability to hold a weapons license. The Court reaffirmed that, in the absence of a recorded criminal conviction, such information should not influence licensing decisions.

This decision aligns with the original Queensland Civil and Administrative Tribunal (QCAT) ruling in XPR v Queensland Police Service – Weapons Licensing [2025] QCAT 1, where it was held that unrecorded convictions cannot be considered by decision-makers when deciding on weapons license applications. The Tribunal emphasised that unless legislation explicitly states otherwise, unrecorded convictions should not impact licensing outcomes. This decision expanded on other QCAT decisions such as Cross v Queensland Police Service [2023] QCAT 336, where it was again held that the non-recording of a conviction means that the conviction does not exist for the purpose of considering whether the applicant is a fit and proper person. 

Implications for Weapons Licensing. 

The Court’s decision reinforces the principle that unrecorded criminal convictions are not to be considered in weapons licensing determinations. This has significant implications for applicants who have unrecorded convictions, as it ensures that their past offences, for which no conviction was recorded, do not adversely affect their eligibility for a weapons license in certain circumstances.

However, it’s important to note that while unrecorded convictions are generally excluded from consideration, licensing authorities may still assess other factors related to an applicant’s character and behaviour. Therefore, applicants must demonstrate that they are fit and proper persons to hold a weapons license, independent of any unrecorded convictions.  

Conclusion. 

The Commissioner of Police v XPR decision underscores the legal stance that unrecorded convictions should not influence weapons licensing decisions. This upholds the legislative intent to protect individuals from the long-term consequences of certain offences, particularly in the context of rehabilitation and reintegration. While this provides clarity for applicants with unrecorded criminal convictions, it also highlights the importance for licensing authorities to base their decisions on current and relevant information that accurately reflects an applicant’s suitability to hold a weapons license.