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Public Consultation on Electronic Monitoring

OPEN CONSULTATION  

  
 
From: Ministry for Home Affairs, National Security and Law Enforcement
​Published: ​4 May 2021
Running till: ​25 May 2021
​Last Updated: ​4 May 2021

1.        Background​

The Government is of the opinion that the time has come to introduce modern corrective systems in our country. Therefore, through this white paper, the Government is conducting a public consultation on a reform for the way people serve court sentences with the possibility of electronic monitoring instead of imprisonment.

This system shall serve in suspending the incarceration of individuals from the correctional facilities, thus facilitating their reintegration into society, whilst providing reassurance to the community and victims of crime.

General principles

Through this white paper, the Government is committed to legislate through legal mechanisms in relation to the use of electronic monitoring.

The annexed Bill provides that electronic monitoring can be issued in accordance to:​

  • Sentences from the Courts of Justice, or;
  • Regulations about the Prison Leave, or;
  • Regulations of the Parole Board.

Regulations

The proposed Bill is laying down detailed regulations for the functioning of the electronic monitoring system.

The Court shall be able to issue orders in respect of persons sentenced to an effective prison term of not more than one year, provided that the offence committed is not subject to a maximum punishment of two years imprisonment. The proposed law will allow also the provisions for individuals to retain their employment or attend courses in any national educational institutions, amongst other conditions as imposed by the Court.

The Chief Executive Officer of the Correctional Services Agency may issue an order in respect of a prisoner benefiting from prison leave in accordance with established regulations.

The Parole Board will have the option to issue an order in respect of prisoners who are granted parole under the Restorative Justice Act.

A person convicted by the Court will not be eligible to benefit from an Electronic Monitoring Order if the offense in connection with:

  • Domestic Violence;
  • Gender-Based Violence;
  • Cases where the individual is registered in the register in accordance with article 3 of the Act on registration for the protection of minors;
  • An order for maintenance issued by the court or a contract that has not been adhered to;
  • An order for access to children by the Court or a contract that has not been adhered to;

The proposed bill is accompanied by regulations laying down detailed provisions for the use of electronic monitoring, as well as on the observance of the monitoring conditions of persons subject to the electronic monitoring order including, the measures to be undertaken in the event of a breach.


2.        Consultation Questions


The public is being cordially invited to contribute by submitting their comments and suggestions on the subject matter of this White Paper.


​3.        Documents
 
4.        Submission of input
 
Submissions must be sent in through the following channels:
By filling the online form below; or
By email:  emreform@gov.mt   or
By post:    EM – REFORM
                Ministry for Home Affairs, National Security and Law Enforcement
                201, Straight Street, 

​Valletta​



Submissions must be received by 25 May 2021.                               
We thank you in advance for your input.

Submit your online feedback below:​









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Necessary fields.

 
Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.
Comments cannot exceed 10,000 characters. If you think your submission will exceed this limit please make use of the email address published on this consultation page.   

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).

 

In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​


www.konsultazzjoni.gov.mt

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