Electronic monitoring: better victim protection and enhanced rehabilitation

The law would allow some prisoners to be monitored electronically instead of being kept in jail, especially for minor crimes. This would let them work or study while still being monitored, helping them reintegrate into society while ensuring the safety of the public and giving peace of mind to victims of crime.

Home Affairs, Security, and Labour Minister Byron Camilleri has introduced the second reading of the Electronic Monitoring Bill in Parliament. This bill is part of the government’s plan to modernise Malta’s justice system and is another step in fulfilling promises made in the “Malta Together” electoral manifesto.

The goal of this law is to achieve two key objectives: to better protect victims and give offenders a better chance of rehabilitation. The law would allow some prisoners to be monitored electronically instead of being kept in jail, especially for minor crimes. This would let them work or study while still being monitored, helping them reintegrate into society while ensuring the safety of the public and giving peace of mind to victims of crime.

Minister Camilleri, speaking in Parliament, said that the change is part of the government’s ongoing effort to improve the justice system, making it smarter, more effective, and modern. He explained that while justice must be served for all crimes, those who have committed minor offences or shown good behaviour should be given a chance to return to society after rehabilitation. This, he said, would benefit both the offenders and the community.

“People who break the law must face consequences, but those who have shown they can change and are ready to rejoin society should be given that chance. This tool will help make that happen while giving more peace of mind to the community and victims,” Minister Camilleri said. “This is an important step in modernising our country and continuing the government’s reform of the justice system.”

The electronic monitoring system will work through a bracelet worn on the ankle that tracks the wearer’s location and sends updates to the authorities.

Under the proposed law, electronic monitoring can be ordered in three situations:

  1. By the Court of Justice for sentences of one year or less, unless the offence carries a sentence of more than two years in prison, or is on a list of exceptions.
  2. By the chief executive of the Correctional Services Agency, as part of existing regulations for prisoners eligible for temporary leave.
  3. By the Parole Board for prisoners granted parole under the Restorative Justice Act.

However, people convicted of certain serious crimes will not be eligible for electronic monitoring, even if their sentence is within the limits. These crimes include domestic violence, gender-based violence, child custody violations, and paedophilia.

Minister Camilleri also explained that the bill would allow electronic monitoring to be used as a preventative measure in cases of domestic violence. Following public consultations, an important change was added to allow the use of electronic monitoring in cases where restraining orders, protection orders, or temporary protection orders have been issued. This will help protect victims further. He also noted that, based on advice from experts, an amendment will be added to give victims the option to voluntarily be monitored for their own safety. While the system will improve protection, Camilleri pointed out that it is not perfect, as seen in other countries.

The bill also creates an electronic monitoring regulator, responsible for making sure the law is properly followed. The regulator will have the power to conduct surprise inspections, including at the control rooms where the monitoring takes place.

This new law aims to balance better victim protection with offering offenders a fair chance at rehabilitation, while updating Malta’s correctional system to be more modern and effective.

Photo: eu.timesonline.co

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