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ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

5 Articles / Provisions · Malta
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Malta Government Gazette — Act 2015 38 · Gazzetta tal-Gvern ta’ Malta Nru. 19,507 – 04.12.2015 — ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

4th December, 2015

ACT No. XXXVIII of 2015

AN ACT to amend the Prisons Act, Cap. 260.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

Malta Government Gazette — Act 2015 38 · Gazzetta tal-Gvern ta’ Malta Nru. 19,507 – 04.12.2015 — ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

(1) The short title of this Act is the Prisons

(Amendment) Act, 2015, and this Act shall be read and construed as

one with the Prisons Act, hereinafter referred to as "the principal

Act".

(2) This Act shall come into force on such date as the Minister

responsible for Prisons may by notice in the Gazette appoint, and

different dates may be so appointed for different purposes or different

provisions of this Act.

Malta Government Gazette — Act 2015 38 · Gazzetta tal-Gvern ta’ Malta Nru. 19,507 – 04.12.2015 — ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

Paragraph (e) of sub-article (1) of article 6 of the principal

Act shall be substituted by the following

"(e) the manner in which and conditions under which a

remission of a portion of the sentence may be earned by

industry, good conduct and adherence to the Care Plan in terms

of the Restorative Justice Act;".

Malta Government Gazette — Act 2015 38 · Gazzetta tal-Gvern ta’ Malta Nru. 19,507 – 04.12.2015 — ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

Article 8 of the principal Act shall be amended as follows

(a)

sub-article (1) thereof shall be substituted by the

following

"(1) There shall be a Corradino Correctional

Facility Monitoring Board, composed of such

members as shall be appointed every two years by

the President.";

(b)

sub-article (2) thereof shall be deleted;

(c)

sub-articles (3), (4) and (5) thereof shall be

renumbered as sub-articles (2), (3) and (4) respectively;

(d) in sub-article (2) as renumbered the words "during

the year" shall be deleted;

(e)

in sub-article (4) thereof as renumbered the word

"justice" shall be substituted by the words "the Prisons"; and the

words "Board of Visitors" shall be substituted by the words

"Corradino Correctional Facility Monitoring Board"; and

(f)

immediately after sub-article (4) thereof, as

renumbered, there shall be added the following new sub-article

"(5) The Director of Prisons shall ensure that

all prisoners are made aware of the Corradino

Correctional Facility Monitoring Board and its

functions thereof and to make available the

necessary mechanism in order that the prisoners

can make their requests or complaints to the

Board.".

Malta Government Gazette — Act 2015 38 · Gazzetta tal-Gvern ta’ Malta Nru. 19,507 – 04.12.2015 — ACT No. XXXVIII of 2015 AN ACT to amend the Prisons Act, Cap. 260.

Article 15 of the principal Act shall be amended as Amendment of

article 15 of the

principal Act.

(a) in sub-paragraph (i) thereof the words "after he

attains the age of fifty" shall be deleted; and

(b) in sub-paragraph (v) thereof the words "that such

infirmity is likely to be permanent." shall be substituted by the

words "that such infirmity is likely to be permanent:"; and

immediately thereafter there shall be added the following new

"Provided that if a correctional services

officer has, without his own default, been seriously

injured during the course of his duties and due to

such injury he is incapable of discharging the

duties of his office, and has been duly certified by

an Injuries Board made up of medical and other

professionals appointed by the Minister responsible

for Prisons, such officer may be entitled to

pensionable emoluments as if he had completed the

25 years’ service

Provided further that, if a correctional

services officer, without his own default, dies as a

direct consequence of him having carried out the

duties of his office, his dependants, unless

otherwise precluded at law, will be entitled to the

payment of such pensionable emoluments in

accordance with regulation 16 of the Prisons

Pensions Regulations.".

Passed by the House of Representatives at Sitting No. 333 of the

25th November, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.36

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