PROBATION ACT (preamble—probationact)

PROBATION

CHAPTER 446

PROBATION ACT

To provide for the Probation of Offenders, Community Service Orders

and Combination Orders.

10th March, 2003

1st June, 2003

ACT VII of 2002 , as amended by Act XXIII of 2002 , Legal Notice

426 of 2007 and Acts VI of 2010 , XXIII of 2012 , IV and XXXVIII of

2014, and XLVII of 2016 and XIII of 2018.

The short title of this Act is the Probation Act.

Added by

XXIII. 2012.21.

(Article 2)

1. Participation in a criminal organisation.

2. Terrorism.

3. Trafficking in human beings.

4. Sexual exploitation of children and child pornography.

5. Illicit trafficking in narcotic drugs and psychotropic substances.

6. Illicit trafficking in weapons, munitions and explosives.

7. Corruption.

8. Fraud, including that affecting the financial interests of the European

Communities within the meaning of the Convention of 26 July 1995 on the

protection of the European Communities’ financial interests.

9. Laundering of the proceeds of crime.

10. Counterfeiting currency, including of the euro.

11. Computer-related crime.

12. Environmental crime, including illicit trafficking in endangered animal

species and in endangered plant species and varieties.

13. Facilitation of unauthorised entry and residence.

14. Murder, grievous bodily injury.

15. Illicit trade in human organs and tissue.

16. Kidnapping, illegal restraint and hostage-taking.

17. Racism and xenophobia.

18. Organised or armed robbery.

19. Illicit trafficking in cultural goods, including antiques and works of art.

20. Swindling.

21. Racketeering and extortion.

22. Counterfeiting and piracy of products.

23. Forgery of administrative documents and trafficking therein.

24. Forgery of means of payment.

25. Illicit trafficking in hormonal substances and other growth promoters.

26. Illicit trafficking in nuclear or radioactive materials.

27. Trafficking in stolen vehicles.

28. Rape.

29. Arson.

30. Crimes within the jurisdiction of the International Criminal Court.

31. Unlawful seizure of aircraft/ships.

32. Sabotage.

In this Act, unless the context otherwise requires -

"combination order" has the meaning assigned to it by article 18;

"certificate" means the form, as contained in Annex I to the

Framework Decision, purporting to reproduce details setting out the

information required by the same form;

"community sanction" means a probation order, a community

service order or a combination order as specified in this Act;

" c o m m u n i t y s e r v i c e o ff i c e r " i s a p r o b a t i o n o ff i c e r w h o

supervises community service orders;

"community service order" has the meaning assigned to it by

article 11;

"convicted of an offence" includes convictions by the Court of

Criminal Appeal and the affirmation by the said court of a

conviction by the court of first instance or of a finding of guilt by a

jury;

"Department" means the Department of Probation Services;

"Director" means the Director of Probation Services;

"executing State" means the Member State to which a community

sanction has been transmitted for the purpose of execution;

"Framework Decision" means Council Framework Decision

2008/947/JHA of 27 November 2008, as amended by Council

Framework Decision 2009/299/JHA of 26 February 2009, on the

application of the principal of mutual recognition to judgments and

probation decisions with a view to the supervision of probation

measures and alternative sanctions;

"institution" means an institution approved by the Minister;

"issuing State" means the Member State in which the judgment is

delivered;

"Minister" means the Minister responsible for the probation

services;

"pre-sentencing report" means a written report prepared by the

Department at the request of the court prior to the imposition of

sentence;

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"probation officer" means a person appointed to be a probation

officer under this Act;

"probation order" has the meaning assigned to it by article 7;

"probation period" means the period for which a probationer is

placed, under supervision by a probation order, under a community

service order or a combination order;

"probationer" means a person for the time being sentenced by

virtue of a probation order, a community service order or a

combination order;

"scheduled conduct" is a conduct in the list of conduct set out in the

Schedule.

(1) There shall be a Department of Probation Services

which shall be a department of Government headed by a public

officer to be styled Director of Probation Services.

(2)

It shall be the duty of the Director of Probation Services -

(a) to manage and direct the Department and to organise

and supervise the probation services;

(b) to direct probation officers on their work;

(c) to give direction on record keeping and time

management;

(d) to supervise probation officers and periodically

receive verbal or written reports on probationers from

the probation officers;

(e) to keep a register of each person sentenced to a

community sanction;

(f) to keep a register of pre-sentencing reports requested

by courts;

(g) to decide whether a probationer is to be arraigned in

Court following a breach of any condition of a

community sanction; and

(h) to assign probation officers to probationers, to

supervise provisional orders of supervision and to

prepare pre-sentencing reports in accordance with this

Act.

(3) The Director may delegate any of the above duties to a

senior member of staff.

(1) The Director or his representative may order a

probationer or a parolee to provide a sample for the purpose of

ascertaining by means of laboratory analysis or by a device

approved by the Minister whether he has any drugs or alcohol in his

body.

(2) In this article "drugs" means any dangerous drug as defined

in article 12 of the Dangerous Drugs Ordinance, or any specified or

restricted drug under the Medical and Kindred Professions

Ordinance.

(3)

When requiring a probationer or parolee to provide a

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sample, the Director or his representative shall, as far as is

reasonably practicable, inform the probationer or parolee

(a) that he is being required to provide a sample for the

purpose of this Act; and

(b) that a refusal to provide a sample may lead to a breach

of parole licence or a breach of any community based

sanction.

(4)

The sample shall be a fresh sample, free from adulteration.

(5) When requiring a sample from a probationer or a parolee,

the Director or his representative shall make such arrangements and

give the probationer or parolee such instructions for its provision as

may be reasonably necessary in order to prevent or detect its

adulteration or falsification.

(6) For the purpose of this article "parolee" has the same

meaning assigned to it by article 2 of the Restorative Justice Act.

The Minister shall appoint a sufficient number of qualified

persons to be probation officers, who shall, under the general

direction of the Director, perform the duties provided by this Act or

such other duties as may be prescribed by regulations made under

this Act, or by or under any other law.

(1) There shall be a Supervisory Board consisting of a

Chairman and two other members to be appointed by the Minister.

(2) The duties of the Board shall be to review the performance

of the probation services under this Act and suggest improvements,

and to monitor the administration of discipline in community

sanctions.

(3) The Board shall submit a yearly report to the Ministry

responsible for the probation services on the functioning of the

probation services by the Department. The Minister shall send a

copy of the report to the Standing Committee for Social Affairs of

the House of Representatives.

(4) The members of the Board shall hold office for such period

as the Minister may establish in their appointment, and shall be re-

eligible for appointment after the end of their term of office.

(5) The Board shall have access to all records of the

Department and subject to any direction by the Minister, shall

regulate its own procedures.

(1) A court may commission the Department to prepare a

pre-sentencing report before forming an opinion as to the

suitability of applying to an offender a sentence of imprisonment, a

suspended sentence or any other measure allowed by law on one or

more of the following orders

(a) a probation order; or

(b) a suspended sentence supervision order

Provided that, except in the case of summary proceedings

for offences under the jurisdiction of the Court of Magistrates as a

court of criminal judicature under article 370(1) of the Criminal

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Code, the Court shall always commission a pre-sentencing report

before dealing with an offender under eighteen years of age who

has committed an offence punishable by imprisonment, or before

ordering a community service order or a combination order.

(2) It shall be the duty of a probation officer assigned to

prepare the pre-sentencing report to inquire, in accordance with any

direction of the court, into the personal and social circumstances of

the offender with a view to assisting the court in determining the

most suitable method of dealing with the case.

(3) Where a person has been convicted of an offence and the

court is of opinion that information ought to be obtained about the

circumstances or home surroundings of the accused before the

method of dealing with the offender is determined, the court shall,

notwithstanding anything contained in the Criminal Code, adjourn

the case to enable the compilation of the pre-sentencing report by

the Department.

(4) The provisions of the foregoing subarticles shall apply

mutatis mutandis, to proceedings before the Criminal Court or the

Court of Criminal Appeal.

(5) Where a pre-sentencing report is made to any court, a copy

of the report shall be given by the Court to the offender or his

advocate or legal procurator and the prosecution

Provided that if the offender is under sixteen years of age

and is not represented by an advocate or legal procurator, a copy of

the report need not be communicated to him but shall be referred to

his parent or guardian.

(6) Except in so far as it is cited in the judgement, a pre-

sentencing report shall be considered as a confidential document.

No information contained therein may be communicated in any

form to third parties without the consent of the accused or the

court. The probation officer shall have a right of access at

reasonable times to the acts of the criminal proceedings, including

documents contained therein.

(1) The court may, subject to the provisions of the

following subarticle, instead of sentencing the offender, make a

probation order, that is to say, an order requiring the offender to be

under the supervision of a probation officer for a period to be

specified in the order of not less than one year and not more than

three years.

(2) Any order made in accordance with subarticle (1) shall only

be made if

(a) the offender is convicted of an offence, not being an

offence punishable only with a fine (multa or

ammenda), and not being an offence which apart from

any increase of punishment in view of continuity or of

previous convictions, which is punishable with

imprisonment for a term not exceeding seven years;

and

(b) the court is satisfied that the supervision of the

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offender by a probation officer is desirable in the

interest of securing the rehabilitation of the offender

and, or protecting the public from harm from the

offender or preventing the commission of further

offences; and

(c) having regard to the circumstances of the case,

including the nature of the offence and the character of

the offender, the issue of such order is appropriate

Provided that where in the opinion of the court

circumstances, which are to be clearly stated in the order, exist that

merit the placing of the offender under a probation order in the case

of an offence which, apart from any increase of punishment in view

of continuity or of previous conviction, is punishable with

imprisonment for a term exceeding seven years but not ten years,

the court may make a probation order

Provided further that where a probation order which has

been made is of a period of less than one year, that order shall be

deemed to be of one year

Provided further that the Court may, if it deems it to be in

the best interest of the person accused, issue a provisional order of

supervision of the accused by a probation officer, even during any

criminal proceedings, under such conditions as the Court may deem

fit.

(3) Without prejudice to the provisions of the following

subarticles of this article, a probation order may in addition require

the offender to comply during the whole or any part of the

probation period with such requirements as the court, having regard

to the circumstances of the case, considers necessary for securing

the good conduct of the offender or for preventing a repetition by

the offender of the same offence or the commission of other

offences, and the court may also give to the probation officer such

directions as it may deem necessary for securing these purposes.

(4) A probation order may include requirements relating to the

residence of the offender

Provided that -

(a) before making an order containing any such

requirements, the court shall consider the home

surroundings of the offender; and

(b) where the order contains any such requirements, the

place at which the probationer is to reside thereat shall

be specified in the order. If the probationer is required

to reside in an institution, the period for which the

offender is required to reside shall not extend beyond

twelve months from the date of the order.

(5) Without prejudice to the generality of subarticle (2), where

in the opinion of the court the mental condition of the offender is

such as requires and as may be susceptible to treatment, but not

such as to justify other measures or procedures, or where the court

is satisfied that -

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(a) the offender is a drug addict; and

(b) that proper arrangements have been or can be made for

treatment,

a probation order may include a requirement that the offender shall

submit to treatment not exceeding the length of the order by or

under the directions of a suitably qualified person with a view to

the improvement of the offender’s mental condition or with a view

to freeing the offender from drug addiction.

The treatment may be of any of the following kinds

(c) treatment as a non-resident patient in a hospital or

other appropriate agency or institution;

(d) treatment as a resident patient in a hospital or other

appropriate agency or institution; or

(e) treatment by or under the direction of a suitably

qualified person as may be specified in the order.

In any such case an amendment of the order under article 10

may also be made on an application made by a suitably qualified

person, in conjunction with the probation officer responsible for the

treatment of the offender.

(6) Where the court deems that such an order may help in the

rehabilitation of the offender, it may include as a condition in the

probation order, an order that for a period not exceeding six weeks

the probationer shall, when not required to be out to work or study,

present himself and remain at such residential institutions as may

be approved by the Minister for the purpose, provided that such

requirement may be restricted by the court to Saturdays and public

holidays and the period after seven in the evening on the eve of

Saturdays and public holidays.

(7) Before making a probation order, the court shall explain to

the offender, in ordinary language, the effect of the order including

any additional requirements proposed to be inserted therein under

subarticle (3), subarticle (4), subarticle (5) or subarticle (6), and

that if the offender fails to comply therewith or commits another

offence, the offender will be liable to be sentenced for the original

offence. If the offender is not less than fourteen years of age, the

court shall not make the order unless the offender expresses

willingness to comply with the requirements thereof.

(8) The court by which a probation order is made shall order

that copies of the order be served forthwith on the probationer and

the Director who shall assign a probation officer to be responsible

for the supervision of the probationer, and to the person in charge

of any institution or hospital or other place in which the probationer

is required by the order to reside. If the probationer is a minor, a

copy of the probation order shall also be furnished to the parent or

person charged with the upbringing of the probationer, if any.

(1) Subject to the directions of the court by which a

probation order is made, it shall be the duty of a probation officer -

(a) to advise and assist the probationer;

(b) to visit and receive reports from the probationer and

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other professionals involved in the case, at such

reasonable intervals as may be specified in the

probation order, or, subject thereto, as the Director

may think fit;

(c)

to plan, monitor, and assist the probationer in fulfilling

the conditions of the probation order;

(d)

to secure the compliance of the offender to any

community sanction;

(e)

to arouse consciousness of the probationer to the harm

caused to the victim of crime and society;

(f)

to report to the court verbally or in writing, at least

once every six months, as to the progress of the

probation;

(g)

where necessary, to assist the probationer in furthering

appropriate social and educational endeavors;

(h)

where necessary, to assist the offender in finding

suitable employment;

(i)

to keep detailed records on each person under his care

who has been sentenced to a community sanction;

(j)

to provide verbal or written reports on the progress

made by the probationers to the Director; and

(k)

to act in accordance with the instructions of the

Director when a probationer is to be arraigned in court

after a breach of the conditions of a community

sanction.

(2) It shall also be the duty of a probation officer to inquire, in

accordance with any directions of the court, into the circumstances

or home surroundings of any probationer with a view to assisting

the court in determining the most suitable method of dealing with

(1) The Director shall, after consultation with the court,

assign a probation officer to be responsible for the supervision of a

probationer

Provided that more than one probation officer may be

assigned to the same probationer, each dealing with a particular

aspect of the case as the Director may determine.

(2) The Director, where the circumstances permit, shall assign

a probation officer experienced in dealing with children or young

persons to supervise an offender who is under the age of sixteen

(1) The court by which the probation order was made may,

upon application made by the Director or by the probationer, cancel

(2) The court by which the probation order was made may,

upon application made on a report from the probation officer or

upon application made by the Director or by the probationer, by

order amend a probation order by cancelling any of the

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requirements thereof or by inserting therein, either in addition to or

in substitution for any such requirement, any requirement which

could be included in the order if it were then being made by that

court in accordance with the provisions of article 7

Provided that -

(a) the court shall not amend a probation order by

reducing the probation period to less than one year or

by extending that period beyond the end of three years

from the date of the original order,

(b) when the court proposes to amend a probation order,

otherwise than on the application of the probationer, it

shall summon the probationer to appear before the

court, and if the probationer is not less than fourteen

years of age, the court shall not amend a probation

order until the probationer expresses willingness to

comply with the requirements of the order as amended.

(3) On the making of an order cancelling or amending a

probation order, the provisions of article 7(7) and (8) shall mutatis

mutandis apply.

(4) Where, under the following provisions of this Act, a

probationer is sentenced for the offence for which he was placed on

probation, the probation order shall cease to have effect. The court

shall direct that a copy of the judgment be transmitted without

delay to the Director.

(1) A community service order may be given to an

offender aged sixteen years and over, convicted of an offence for

which, in the opinion of the Court, the appropriate sentence would,

except for the provisions of this article, be one of imprisonment.

Such an offence must not be punishable only by a fine (multa or

ammenda) and cannot be an offence, which apart from any increase

in punishment in view of the continuity or of previous convictions,

is punishable with imprisonment exceeding seven years and the

provisions of the proviso to article 7(2) shall apply mutatis

mutandis to this subarticle.

(2) The court may, instead of sentencing the offender to

imprisonment, order the offender to be placed on a community

service order. A community service order shall require the offender

to perform unpaid work or unpaid work and training, if such would be

recommended in the reports referred to in article 11(3)(a), for a

number of hours as specified in the order. In any such case no order

shall require the offender to perform less than forty hours of work

or more than four hundred and eighty hours.

(3) The court shall not make a community service order unless

the following conditions have been met

(a) the court is satisfied, after considering the offender’s

circumstances and the pre-sentencing report, that the

offender is suitable to perform work under such an

order

Provided that where the court is so satisfied, it may,

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after considering the offender’s circumstances,

dispense from the need of a written pre-sentencing

report and order that a verbal report be submitted, and

such verbal report shall be duly recorded in the court’s

proceedings;

(b) that arrangements can be made for such work;

(c) the offender has agreed to the order; and

(d) the offender has signed the community service work

agreement form.

(4) Before making a community service order in respect of an

offender the court shall explain to the offender in ordinary language

the effect of the order and that if the offender fails to comply

therewith or commits another offence, the offender will be liable to

be sentenced for the original offence.

(5) The court by which the community service order is made

shall forthwith give copies of the order to the offender, to the

Director, the community service officer assigned to the case by the

Director, and to the agencies and authorities responsible for the

supervision of the community service order.

(6) It shall be duty of the Director to assign work to the

probationer in accordance with the community service order.

(1) Where a court makes community service orders in

respect of two or more offences of which the offender has been

convicted by the court, the court may direct that the hours of work

specified in any of those orders shall be concurrent with or

additional to those specified in any other of those orders.

(2) Where a court makes a community service order and there

is in force in respect of the offender at the time of the making of

that order another such order (made by the same or a different

court) the court making the later order may direct in that order that

the hours of work specified therein shall be concurrent with or

additional to those specified in the earlier order.

(3) When a court makes a community service order and there is

in force a prison sentence or the offender is detained without bail,

the community service order shall come into effect after the release

of the offender from prison, provided that the community service

officer in charge of the case is of the opinion that the offender is

still suitable to perform community service work. If the offender is

not still suitable to perform the community service required, the

community service officer shall return the case to the court. In such

cases the court shall deal with the offender as if the community

service order had never been made.

An offender in respect of whom a community service order

is in force shall

(a) report to the relevant authority from time to time

according to the instructions issued by the community

service officer;

(b) perform satisfactorily for the number of hours

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specified in the order such work at such times as shall

be directed by or on behalf of the relevant authority;

(c) notify the community service officer to whom the

offender is required to report under this subarticle of

any change of his address.

(1) Subject to the provisions of article 11, the work to be

performed under a community service order shall be performed in

the period of not less than one month and not more than two years

beginning on the date of the order

Provided that, on application of the offender or the Director,

and if it appears to the court to be in the interest of justice, having

regard to the circumstances of the case, the court may extend the

period of two years.

(2) Directions given under subarticle (1) shall, so far as

practicable, avoid any interference with the times during which the

offender normally works or attends a school or other educational or

training establishment.

(Deleted by: Act XXIII. 2012.5).

(Deleted by: Act XXIII. 2012.6).

(Deleted by: Act XXIII. 2012.7).

The court may, instead of sentencing the offender to

imprisonment, order the offender to be placed on a combination

order. A combination order shall require the offender to be placed

under probation supervision as specified in article 7 and perform a

community service order, as specified in article 11. Nevertheless,

such order shall not require the offender to perform less than forty

hours of work or more than one hundred hours in addition to any

number of hours of work still to be performed under any previous

community service order.

An offender in respect of whom a combination order is in

force shall

(a) report to the probation officer assigned to him by the

Director from time to time according to the

instructions issued by the probation officer;

(b) report to the relevant authority from time to time

according to the instructions issued by the community

service officer;

(c) perform satisfactorily for the number of hours

specified in the order such work at such times as shall

be directed by or on behalf of the relevant authority;

(d) notify the community service officer to whom the

offender is required to report under this subarticle of

any change of his address.

The provisions of this Act applicable to probation orders

and community service orders shall apply to combination orders.

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A court, on making a community sanction, may subject an

offender, in respect of whom the community sanction is in force, to

the limitations on leaving Malta as the court may deem fit.

(1) If at any time during the probation period it appears to

the Court of Magistrates, the Juvenile Court, the Criminal Court or

the Court of Criminal Appeal, as the case may be, that the

probationer has failed to comply with any of the requirements of

the community sanction, the competent court may issue a summons

requiring the probationer to appear before such court at the place

and time specified therein, or may, if the circumstances so require,

issue a warrant for the probationer’s arrest

Provided that except where the alleged failure is brought to

the attention of the court by means of an application by the

probation officer, no such summons or warrant shall be issued by

the respective Court, except on an information in writing and

confirmed on oath. In either case the information must be filed

within three months of the alleged failure by the probationer

Provided further that the Court shall appoint for hearing the

application within twenty days of the filing of the said application.

(2) If it is proved to the satisfaction of the court, that the

probationer has failed to comply with any of the requirements of

the community sanction, that court may, without prejudice to the

continuance of the sanction, impose on the offender a fine

(ammenda) not exceeding two hundred and thirty-two euro and

ninety-four cents (232.94), or may deal with the probationer, for

the offence in respect of which the community sanction was made,

in any manner in which the court could deal with the offender if he

had just been convicted by or before that court of that offence.

(3) A fine imposed under this article in respect of a failure to

comply with the requirements of a probation order shall be deemed

for the purposes of any enactment, but saving the provisions of

article 22(1), to be a sum adjudged to be paid following a

conviction.

(1) Where a court by which a person is convicted of an

offence (not being an offence punishable only be a fine (multa or

ammenda) and not being an offence which apart from an increase of

punishment in view of continuity or previous convictions, is

punishable with imprisonment for a term exceeding seven years) is

of opinion that, having regard to the circumstances of the case,

including the nature of the offence and the character of the

offender, it is inexpedient to inflict punishment and that a probation

order, a community service order or a combination order are not

appropriate, the court may make an order discharging the offender

absolutely, or, if the court thinks fit, discharging the offender

subject to the condition that he commits no offence during such

period, not exceeding three years from the date of the order, as may

be specified therein. The provisions of the proviso to article 7(2)

shall mutatis mutandis apply to this subarticle.

(2) An order discharging a person subject to such a condition as

aforesaid is in this Act referred to as "an order for conditional

discharge" and the period specified in any such order as "the period

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of conditional discharge".

(3) Before making an order for conditional discharge, the court

shall explain to the offender in ordinary language that if the

offender commits another offence during the period of conditional

discharge, the offender will be liable to be sentenced for the

original offence.

(4) Where, under the provisions in this Act, a person

conditionally discharged is sentenced for the offence in respect of

which the order for conditional discharge was made, that order

shall cease to have effect.

(1) If a person in whose case a community sanction or an

order for conditional discharge has been made, is subsequently

convicted by or before any court of an offence committed during

the probation period or during the period of conditional discharge,

the court -

(a) if it is the same court that had made the probation

order, the community service order, the combination

order or the order for conditional discharge, may deal

with that person for the offence for which the order

was made in any manner in which it could deal with

the offender if he had just been convicted by or before

that court of that offence;

(b) if it is a different court, it shall commit that person

before the court by which the probation order, the

community service order, the combination order or the

order for conditional discharge was made and such

court shall as soon as practicable, cause such person to

appear or be brought before it, and on proof to its

satisfaction of the conviction in respect of the further

offence, may deal with that person for the offence for

which the order was made in any manner in which it

could deal with the offender if he had just been

convicted by or before it of that offence.

(2) Subject to the provision of subarticle (3), where a person is

dealt with for the offence for which he was placed on probation on

a community service order or a combination order or conditionally

discharged, it shall not be lawful for the court to place the offender

under a community sanction or to make an order as provided in

article 22(1).

(3) Subarticle (2) shall not apply where the offence committed

during the probation period or during the period of conditional

discharge and for which the person is subsequently convicted, is a

contravention or is a crime of involuntary homicide, or involuntary

bodily harm, or involuntary damage to property.

(4)

For the purpose of subarticle (1) -

(a) the Court of Magistrates (Malta), the Court of

Magistrates (Gozo) and the Juvenile Court shall be

deemed to be the same court;

(b) the Court of Criminal Appeal in the determination of

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appeals from judgments of the Courts of Magistrates

(Malta), the Court of Magistrates (Gozo) and the

Juvenile Court shall be deemed to be a different Court

from the Court of Criminal Appeal in the

determination of appeals for decisions of the Criminal

Court.

(1) A court, on making a probation order, community

service order, combination order, an order for conditional discharge

or on discharging any offender absolutely may, without prejudice to

its power of awarding costs under articles 380 and 533 of the

Criminal Code, order the offender to pay such damages for injury

or compensation for the loss as the court thinks reasonable.

(2) When issuing an order under sub-article (1), the Court may

direct that such costs or damages are paid in instalments, in particular

having regard to any other obligations which the offender has towards

the victim or any of the victim’s dependants.

(3) An order for the payment of damages or compensation as

aforesaid may be enforced in like manner as if it had been given in

a civil action between the offender and the person to whom the

damages or compensation are ordered to be paid

Provided that nothing in this article shall derogate from any

right of such person to recover any greater amount by any other

means from the offender or any other person liable to pay the same.

(1) Subject as hereinafter provided, a conviction for an

offence for which an order is made under this Act placing the

offender on a community sanction or discharging the offender

absolutely or conditionally shall be deemed not to be a conviction

for any purpose whatsoever other than -

(a) the purposes of the proceedings in which the order is

made and of any subsequent proceedings which may

be taken against the offender under the foregoing

provisions of this Act, and

(b) in the case of a public officer, the purposes or any

disciplinary proceedings which may be taken against,

or any disciplinary punishment which may be imposed

upon, such public officer in consequence of any such

conviction or of any of the facts constituting the

offence

Provided that where an offender, being not less than

eighteen years of age at the time of the conviction of an offence for

which he is placed on a community sanction or conditionally

discharged as aforesaid, is subsequently sentenced for that offence,

the provisions of this subarticle shall cease to apply to the

conviction.

(2) Without prejudice to the foregoing provisions of this

article, the conviction of an offender who is placed on probation,

o n a c o m m u n i t y s e r v i c e o r d e r, o n a c o m b i n a t i o n o r d e r o r

discharged absolutely or conditionally as aforesaid shall in any

event be disregarded for the purposes of any enactment which

PROBATION

imposes or authorizes any interdiction, disqualification, disability

or other penalty upon convicted persons.

(3) The provisions of article 7(1), of article 11(2), of article 18,

and of article 23(1) and (2) shall not affect -

(a) any right of any such offender as aforesaid to appeal

against the conviction or to rely thereon in bar of any

subsequent proceedings for the same fact;

(b) the revesting or restoration of any property in

consequence of the conviction of any such offender;

(c) the operation of article 23 of the Criminal Code or of

any other provision of that Code or of any other law

relating to the forfeiture of any property or its

retention by the registrar of any court or by any other

officer authorized by law to seize or to retain any

property connected with criminal proceedings;

(d) the making of any order under article 377 of the

Criminal Code or under the provisions or any other

law requiring or authorizing the making of any order

for the abatement of a nuisance or inconvenience or

for the carrying out of the law by the offender or by the

Police at the expense of the offender;

(e) the liability of any such offender as aforesaid to be

required by the court to enter into his own

recognizance or to find a surety in terms of articles

249, 383 and 384 of the Criminal Code;

(f)

the making of any order by the court as to the payment

of costs under articles 380 and 533 of the Criminal

Code;

(g) the operation of article 35(3), (5) and (6) of the

Criminal Code;

(h) the right of any interested party to produce when

appropriate in any criminal or civil proceedings

evidence to show that a person discharged absolutely

or conditionally as aforesaid or in respect of whom a

community sanction has been made, who is a party to

the proceedings or is produced as a witness, has been

convicted of an offence, provided such evidence is

considered by the court to be relevant.

(1) The provisions of articles 27 to 34 shall be limited to

the transmission and execution of judgements imposing community

sanctions between Malta and a Member State of the European

Union, and shall apply to judgements received in Malta after the

16th December, 2008.

(2)

For the purposes of articles 26 to 34, both inclusive

(a) the Attorney General shall be competent to receive a

judgement imposing a community sanction issued in

the issuing State and to transmit to the executing State

a judgement imposing a community sanction issued in

Malta by the courts of criminal jurisdiction;

PROBATION

(b) the courts of criminal jurisdiction shall be competent

to issue a judgement imposing a community sanction;

(c) "judgement" shall mean a final decision or order of a

court establishing that a natural person has committed a

criminal offence and imposing a community sanction.

In accordance with the Framework Decision, the following

community sanctions shall be regulated by a court of criminal

jurisdiction

(a) an obligation for the sentenced person to inform a

specific authority of any change of residence or

working place;

(b) an obligation not to enter certain localities, places or

defined areas in the issuing or executing State;

(c) an obligation containing limitations on leaving the

territory of the executing State;

(d) instructions relating to behaviour, residence, education

and training, leisure activities, or containing

limitations on or modalities of carrying out a

professional activity;

(e) an obligation to report at specified times to a specific

authority;

(f) an obligation to avoid contact with specific persons;

(g) an obligation to avoid contact with specific objects,

which have been used or are likely to be used by the

sentenced person with a view to committing a criminal

offence;

(h) an obligation to compensate financially for the

prejudice caused by the offence and, or an obligation

to provide proof of compliance with such an

obligation;

(i) an obligation to carry out community service;

(j) an obligation to cooperate with a probation officer, and

if necessary with a representative of a social service

having responsibilities in respect of sentenced persons;

and

(k) an obligation to undergo therapeutic treatment or

treatment for addiction.

(1) Where Malta is the issuing State, the court of criminal

jurisdiction shall, on its own initiative, or upon the request of the

sentenced person, forward a community sanction to the competent

authority of the Member State in which the sentenced person is

lawfully and ordinarily residing, in cases where the sentenced

person has returned or wants to return to that State

Provided that the court of criminal jurisdiction shall only

consent to the forwarding of a community sanction, upon the

request of the sentenced person, where the sentenced person has not

committed subsequent offences and under such conditions it may

deem fit to impose.

PROBATION

(1A) The court of criminal jurisdiction may, upon the request of the

sentenced person, forward a judgement imposing a community

sanction to the competent authority of a Member State other than the

Member State in which the sentenced person is lawfully and ordinarily

residing, provided that the latter authority has consented to such

forwarding.

(2) When, in applying the provisions of subarticle (1), the

competent authority forwards a community sanction to the

executing State, it shall ensure that it is accompanied by athe

certificate which shall be signed and its content certified as accurate by

the Attorney General.

(3) Once a community sanction has been forwarded to an

executing State under this article and the said State has informed

the court of criminal jurisdiction or the Attorney General, as the

case may be, that it has recognised the community sanction

forwarded, the court of criminal jurisdiction shall no longer have

competence over the supervision measures imposed in that sanction

nor will it be competent to take decisions referred to in article 31(1)

unless any of the following occurs

(a) the sentenced person absconds or no longer resides in

the executing state; or

(b) new criminal proceedings have been instituted against the

sentenced person before the Maltese courts.

(4) The competence referred to in subarticle (3) shall revert to

the court of criminal jurisdiction, as the case may be

(a) as soon as the court of criminal jurisdiction or the

Attorney General upon a request by the said court, has

notified the competent authority of the executing State

about the withdrawal of the certificate referred to in

subarticle (2), provided that supervision in the

executing State has not yet begun;

(b) in cases or categories of cases to be specified by the

executing State where it may refuse to assume the

responsibility of supervision, in particular

(i) in cases relating to an alternative sanction,

where the judgement does not contain a

custodial sentence or measure involving the

deprivation of liberty to be enforced in case of

non-compliance with the obligations or

instructions concerned;

(ii) in cases relating to a conditional discharge; and

(iii) in cases where the judgement relates to acts

which do not constitute an offence under the law

of the executing State, whatever its constituent

elements or however it is described;

(c) in cases where the jurisdiction of the executing State

has ended in accordance with the provisions of article

Sentenza trasmessa skont l-artikolu 28, għandu jkun fiha

(a) stqarrija li s-sentenza hija dwar

(i) imġiba li hija reat skedat

Iżda li f’dawk il-każijiet m’għandux ikun hemm

verifika jekk l-imġiba hijiex reat kriminali

f’Malta; jew

(ii) imġiba li tkun tikkonsisti f’reat taħt il-liġi ta’

Malta li jekk tkun seħħet f’Malta

Iżda li d-deskrizzjoni tar-reat m’għandhiex

titqies bħala materjali jekk ir-reat taħt il-liġi ta’

Malta u l-liġi tal-Istat emittenti huma fis-

sustanza tal-istess xorta; u

(b) informazzjoni li tindika x-xorta u d-dewmien tal-

miżuri ta’ sorveljanza.

(1) Sentenza li timponi sanzjoni komunitarja għandha tiġi

trasmessa maċ-ċertifikat li jkun fih l-informazzjoni preskritta fih,

b’kull mezz kapaċi li jipproduċi prova bil-miktub taħt il-

kondizzjonijiet li jippermettu li tiġi aċċertata l-awtentiċità tagħha.

(2) Jekk hekk mitlub mill-Istat ta’ eżekuzzjoni, is-sentenza

oriġinali li timponi sanzjoni komunitarja jew kopja ċertifikata

tagħha, u ċ-ċertifikat oriġinali, għandhom jintbagħtu lill-Istat ta’

eżekuzzjoni.

PROBATION

(1) Meta l-Avukat Ġenerali jirċievi sanzjoni komunitarja

s k o n t l - a r t i k o l u 2 6 ( 1 ) ( a ) , l - Av u k a t Ġ e n e r a l i g ħ a n d u , f i d -

diskrezzjoni tiegħu individwali u soġġett għad-dispożizzjonijiet

tal-artikolu 30, joħroġ ċertifikat b’effett li s-sentenza hija waħda

minn dawk imsemmija fid-Deċiżjoni Qafas u dak iċ-ċertifikat

għandu jkun prova konklużiva tal-kontenut tiegħu.

(2) Mingħajr il-ħtieġa ta’ xi awtorità oħra ħlief dawk mogħtija

b’dan l-artikolu, is-sentenza, flimkien maċ-ċertifikat imsemmi fis-

subartikolu (1), għandha tintbagħat lill-qorti ta’ kompetenza kriminali

għall-eżekuzzjoni skont l-artikolu 29A.

(1) Id-dispożizzjonijiet li ġejjin għandhom japplikaw

meta sentenza tiġi trasmessa lil qorti ta’ kompetenza kriminali taħt

l-artikolu 29(2).

(2) Il-qorti ta’ kompetenza kriminali, fi żmien sittin jum milli

tirċievi s-sentenza u ċ-ċertifikat, għandha tirrikonoxxi s-sentenza

daqs li kieku kienet sentenza mogħtija mill-imsemmija qorti li

timponi sanzjoni komunitarja taħt dan l-Att.

(3) Kopja tas-sentenza u ċ-ċertifikat għandhom ikunu notifikati

lill-persuna sentenzjata.

(4) Is-sentenza għandu jkollha l-istess effett bħal sentenza li

tordna sanzjoni komunitarja, taħt dan l-Att, u d-dispożizzjonijiet

ta’ dan l-Att għandhom mutatis mutandis japplikaw għal dik is-

sentenza, iżda b’danakollu li kull riferenza għal sanzjoni

komunitarja taħt dan l-Att għandha tinftiehem bħala riferenza għal

dik is-sentenza.

(5) Jekk, f’ċirkostanzi eċċezzjonali, ma jkunx possibbli għal

qorti li tħares mat-terminu stabbilit bis-subartikolu (2), il-qorti

għandha tinforma lill-awtorità kompetenti tal-Istat emittenti b’kull

mezz, u tagħti r-raġunijiet għad-dewmien u tindika ż-żmien

meħtieġ maħsub biex tittieħed deċiżjoni finali.

(1) L-Avukat Ġenerali jista’ jiċħad li jirrikonoxxi s-

sanzjonijiet komunitarji skont l-Artikolu 11 tad-Deċiżjoni Qafas

jekk

(a) iċ-ċertifikat ma jkunx komplet jew ma jkunx jaqbel

manifestament mas-sanzjoni komunitarja u ma jkunx

ikkompletat jew ikkorreġut f’terminu raġonevoli

stabbilit mill-awtorità kompetenti;

(b) jekk l-persuna sentenzjata mhijiex residenti f’Malta u l-

persuna sentenzjata tkun irritornat jew tixtieq li tirritorna

f’Malta;

(ba) jekk l-persuna sentenzjata mhijiex residenti f’Malta, l-

imsemmija persuna talbet biex tinbagħat is-sanzjoni

komunitarja għal Malta mingħajr l-kunsens tal-

awtoritajiet ta’ Malta;

(bb) jekk is-sanzjoni komunitarja tipprovdi għal miżuri ta’

sorveljanza minbarra dawk imsemmija taħt l-artikolu

27;

(ċ) ir-rikonoxximent tas-sanzjoni komunitarja u l-

PROBATION

preżunzjoni tar-responsabbiltà għas-sorveljanza tas-

sanzjoni komunitarja jmorru kontra l-prinċipju ne bis

in idem;

(d)

is-sentenza tirrigwarda atti li ma jikostitwixxux reat

taħt il-liġijiet ta’ Malta;

(e)

l-infurzar tas-sentenza huwa prekluż bil-preskrizzjoni

skont il-liġijiet ta’ Malta u jirrigwarda att li jaqa’ fil-

kompetenza tagħha skont dik il-liġi;

(f)

ikun hemm immunità skont il-liġijiet ta’ Malta, li

tagħmel is-sorveljanza tas-sanzjonijiet komunitarji;

(g)

taħt il-liġijiet ta’ Malta, il-persuna sentenzjata,

minħabba fl-età tagħha, ma tistax tinżamm

kriminalment responsabbli għall-atti li fuqhom

ingħatat is-sentenza;

(h)

is-sentenza ngħatat in absentia, sakemm

(i) iċ-ċertifikat imsemmi fl-artikolu 28(2) jiddikjara

li l-persuna kienet ġiet imħarrka personalment

jew mgħarrfa permezz ta’ rappreżentant

kompetenti skont il-liġijiet ta’ Malta dwar il-ħin

u l-post tal-proċeduri, jew dik il-persuna

attwalment irċiviet informazzjoni uffiċjali tal-

ħin skedat u l-post tal-proċeduri u kienet

mgħarrfa wkoll li deċiżjoni tista’ tingħata jekk

ma tidhirx għall-proċeduri; jew

(ii) il-persuna kienet tat prokura lil konsulent legali,

li kien appuntat mill-persuna konċernata jew

mill-iStat, biex jidher minflokha u dak il-

konsulent legali kien fil-fatt deher fil-proċeduri;

jew

(iii) il-persuna indikat lill-awtorità kompetenti li ma

kellhiex

intenzjoni

li

tikkontesta

l-

imputazzjonijiet miġjuba kontriha; jew

(iv) sussegwentement għad-deċiżjoni, li kienet ser

tkun notifikata lilha, il-persuna kkonċernata,

wara li kienet mgħarrfa bid-dritt għall-appell

jew għar-ritrattazzjoni, iddikjarat espressament

illi ma kellhiex l-intenzjoni li tikkontesta d-

deċiżjoni jew ma kkontestatx dik id-deċiżjoni

fiż-żmien applikabbli;

(i)

is-sanzjoni komunitarja tipprovdi għal trattament

mediku u, jew terapewtiku li Malta ma tistax

tissorvelja minħabba fis-sistema legali jew tal-kura

tas-saħħa tagħha;

(j)

is-sanzjoni komunitarja hija ta’ tul ta’ żmien ta’ inqas

minn sitt xhur; jew

(k)

is-sentenza tkun relatata ma’ reati kriminali li taħt il-

liġijiet ta’ Malta huma meqjusa bħala li twettqu kollha

kemm huma jew f’parti kbira jew essenzjali fit-

territorju tiegħu, jew f’post ekwivalenti għat-territorju

tiegħu.

PROBATION

(2) Meta ċ-ċertifikat ma jkunx komplet jew ma jkunx

jikkorrispondi mas-sanzjoni komunitarja, l-Avukat Ġenerali jista’

jipposponi d-deċiżjoni msemmija taħt l-artikolu 29 sakemm jiġi

stabbilit tul ta’ żmien biex iċ-ċertifikat jiġi kkompletat jew korrett.

(1) Meta Malta hija l-Istat ta’ eżekuzzjoni, il-qorti ta’

kompetenza kriminali għandu jkollha l-ġurisdizzjoni li tieħu d-

deċiżjonijiet sussegwenti kollha relatati ma’ sanzjoni komunitarja,

b’mod partikolari f ’każ ta’ nuqqas ta’ konformità ma’ sanzjoni

komunitarja jew jekk il-persuna sentenzjata twettaq reat kriminali

ġdid. Tali deċiżjonijiet sussegwenti jistgħu jinkludu

(a) il-modifika tal-obbligi jew l-istruzzjonijiet li jinsabu

fis-sanzjoni komunitarja, jew il-modifika tat-tul ta’

żmien tas-sanzjoni komunitarja;

(b) ir-revoka tas-sospensjoni tal-eżekuzzjoni tas-sentenza

jew ir-revoka tad-deċiżjoni dwar sanzjoni komunitarja;

(ċ) l-impożizzjoni ta’ sentenza ta’ kustodja jew miżura li

tinvolvi ċ-ċaħda tal-libertà f’każ ta’ sanzjoni

komunitarja.

(2) Jekk in-natura jew it-tul ta’ żmien tas-sanzjoni komunitarja,

ikunu inkompatibbli mal-liġijiet ta’ Malta meta Malta hija l-Istat

ta’ eżekuzzjoni, il-qorti ta’ kompetenza kriminali tista’ tadattahom

b’mod konformi man-natura u t-tul ta’ żmien tas-sanzjonijiet

komunitarji, li japplikaw, skont il-liġijiet ta’ Malta, għal reati

ekwivalenti. Is-sanzjoni komunitarja li ġiet adottata jew it-tul

tagħha għandha tikkorrispondi kemm jista’ jkun ma’ dawk imposti

fl-Istat emittenti

Iżda fejn is-sanzjoni komunitarja jew il-perjodu tas-

sanzjoni komunitarja tkun ġiet adattata peress li t-tul ta’ żmien

tagħha jaqbeż it-tul ta’ żmien massimu previst taħt il-liġijiet ta’

Malta, meta Malta hija l-Istat ta’ eżekuzzjoni, it-tul ta’ żmien tas-

sanzjoni komunitarja ma għandux ikun inqas mit-tul ta’ żmien

massimu previst għal reati ekwivalenti skont il-liġijiet ta’ Malta

Iżda wkoll is-sanzjoni komunitarja adattata m’għandhiex

tkun aktar severa jew itwal mis-sanzjoni komunitarja li ġiet

imposta oriġinarjament.

(3) Il-qorti ta’ kompetenza kriminali għandha titlob mingħajr

dewmien lill-Avukat Ġenerali biex jinforma lill-awtorità kompetenti

tal-Istat emittenti, bi kwalunkwe mezz li jħalli record bil-miktub,

bid-deċiżjonijiet kollha dwar

(a) il-modifika tas-sanzjoni komunitarja;

(b) ir-revoka tas-sospensjoni tal-eżekuzzjoni tas-sentenza

jew ir-revoka tad-deċiżjoni dwar is-sanzjoni

komunitarja;

(ċ) infurzar ta’ piena ta’ kustodja jew miżura li tinvolvi ċ-

ċaħda tal-libertà minħabba fin-nuqqas ta’ konformità

mas-sanzjoni komunitarja;

(d) l-iskadenza tas-sanzjoni komunitarja.

(4)

Jekk tintalab hekk mill-awtorità kompetenti tal-Istat

PROBATION

emittenti, l-Avukat Ġenerali, fuq talba mill-qorti ta’ kompetenza

kriminali, għandu jinformaha dwar it-tul massimu taċ-ċaħda tal-

libertà li hija prevista fil-liġijiet nazzjonali ta’ Malta għar-reat, li

rriżulta fis-sentenza, u li jista’ jiġi impost fuq il-persuna

sentenzjata fil-każ ta’ ksur tas-sanzjoni komunitarja. Din l-

informazzjoni għandha tiġi pprovduta immedjatament wara li tiġi

riċevuta s-sanzjoni komunitarja flimkien maċ-ċertifikat.

PROBATION

28A. A judgement transmitted in accordance with article 28,

shall contain

(a) a statement that the judgement relates to

(i) conduct which is a scheduled offence

Provided that in such cases there shall be no

verification whether the conduct is a criminal

offence in Malta; or

(ii) conduct which would constitute an offence

under the law of Malta if it occurred in Malta

Provided that the description of the offence shall

not be regarded as material if the offence under

the law of Malta and the law of the issuing State

are substantially of the same nature; and

(b) information indicating the nature and duration of the

supervisory measures.

28B. (1) A judgement imposing a community sanction shall be

transmitted with the certificate containing the information

prescribed therein, by any means capable of producing a written

record under conditions permitting the ascertainment of its

authenticity.

(2) If so required by the executing State, the original judgement

imposing the community sanction or a certified copy of it, and the

original of the certificate, shall be sent to the executing State.

29. (1) Where the Attorney General receives a community

sanction in terms of article 26(1)(a), the Attorney General shall, in

his own individual discretion and subject to the provisions of

article 30, issue a certificate to the effect that the judgement is one

referred to in the Framework Decision and such certificate shall be

conclusive evidence of its contents.

(2) Without the need of any further authority other than that

conferred by this article, the judgement, together with the certificate

referred to in sub-article (1), shall be transmitted to the court of

criminal jurisdiction for execution in accordance with article 29A.

29A. (1) The following provisions shall apply where a

judgement is transmitted to a court of criminal jurisdiction under

article 29(2).

(2) The court of criminal jurisdiction, within sixty days of

receipt of the judgement and the certificate, shall recognise the

judgement as if it were a sentence made by the said court imposing

a community sanction under this Act.

(3) A copy of the judgement and the certificate shall be served

on the sentenced person.

(4) The judgement shall have the same effect as a sentence

ordering a community sanction, under this Act, and the provisions

of this Act shall mutatis mutandis apply to the said judgement, so

however that any reference to a community sanction under this Act

shall be construed as a reference to the said judgement.

PROBATION

(5) If, in exceptional circumstances, it is not possible for the

court to comply with the time limit provided for in sub-article (2),

it shall inform the competent authority of the issuing State by any

means, giving the reasons for the delay and indicating the estimated

time needed for the final decision to be taken.

30. (1) The Attorney General may refuse to recognise the

community sanctions on the following grounds, in accordance with

Article 11 of the Framework Decision

(a) the certificate is incomplete or manifestly does not

correspond to the community sanction and has not

been completed or corrected within a reasonable

period set by the competent authority;

(b) if the sentenced person is not resident in Malta and the

sentenced person has returned or wants to return to

Malta;

(ba) if the sentenced person is not resident in Malta the said

person requested the community sanction to be

forwarded to Malta without the consent of the Maltese

authorities;

(bb) if the community sanction provides for supervisory

measures other than those referred to under article 27;

(c) the recognition of the community sanction and

assumption of the responsibility for supervising

community sanctions would be contrary to the

principle of ne bis in idem;

(d) the judgment relates to acts which do not constitute an

offence under the laws of Malta;

(e) the enforcement of the sentence is barred by

prescription according to the laws of Malta and falls

within its competence according to that law;

(f) there is immunity under the laws of Malta, which

makes it impossible to supervise community sanctions;

(g) under the laws of Malta, the sentenced person cannot,

owing to his age, be held criminally liable for the

offences in respect of which the judgment was issued;

(h) the judgment was rendered in absentia, unless

(i) the certificate referred to in article 28(2) states

that the person summoned personally or

informed through a representative competent

according to the laws of Malta of the time and

place of the proceedings, or that the person

actually received official information of the

scheduled time and place of the proceedings and

was also informed that a decision may be handed

down if he does not appear for the proceedings;

or

(ii) the person had given a mandate to a legal

counsellor, who was either appointed by the

person concerned or by the State, to appear in

PROBATION

his stead and that legal counsellor in fact

appeared during the proceedings; or

(iii) the person indicated to a competent authority

that he does not intend to contest the charges

against him; or

(iv) subsequent to the decision, which would have

been served upon him, the person concerned,

after being informed of his right to appeal or to a

retrial, expressly stated that he does not intend to

contest the decision or did not contest such

decision within the applicable time frame;

(i) the community sanction provides for medical and, or

therapeutic treatment which Malta is unable to

supervise in view of its legal or healthcare system;

(j) the community sanction is of less than six months’

duration; or

(k) the judgement relates to criminal offences which under

the laws of Malta are regarded as having been

committed wholly or for a major or essential part

within its territory, or in a place equivalent to its

territory.

(2) Where the certificate is incomplete or does not correspond

to the community sanction, the Attorney General may postpone the

decision referred to under article 29 until a reasonable deadline is

set for the certificate to be completed or corrected.

31. (1) Where Malta is the executing State, the court of

criminal jurisdiction shall have jurisdiction to take all subsequent

decisions relating to a community sanction, in particular in case of

non-compliance with a community sanction or if the sentenced

person commits a new criminal offence. Such subsequent decisions

may include

(a) the modification of obligations or instructions

contained in the community sanction or the

modification of the duration of the community

sanction;

(b) the revocation of the suspension of the execution of

the judgement or the revocation of the decision

regarding a community sanction; and

(c) the imposition of a custodial sentence or measure

involving deprivation of liberty in case of a

community sanction.

(2) If the nature or duration of the relevant community sanction

is incompatible with the laws of Malta when Malta is the executing

State, the court of criminal jurisdiction may adapt them in line with

the nature and duration of community sanctions, which apply under

the laws of Malta, to equivalent offences. The adapted community

sanction or its duration shall correspond as far as possible to that

imposed in the issuing State

Provided that where the community sanction or the duration

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of the community sanction has been adapted because its duration

exceeds the maximum duration provided for under the laws of

Malta, where Malta is the executing State, the duration of the

adapted community sanction, shall not be below the maximum

duration provided for equivalent offences under the laws of Malta

Provided also that the adapted community sanction shall

not be more severe or longer than the community sanction which

was originally imposed.

(3) The court of criminal jurisdiction shall without delay request

the Attorney General to inform the competent authority of the

issuing State, by any means which leaves a written record, of all the

decisions taken on

(a) the modification of community sanction;

(b) the revocation of the suspension of the execution of

the judgement or revocation of the decision regarding

a community sanction;

(c) the enforcement of a custodial sentence or measure

involving deprivation of liberty, because of non-

compliance with a community sanction;

(d) the lapse of the community sanction.

(4) If so requested by the competent authority of the issuing

State, the Attorney General, upon a request by the court of criminal

jurisdiction, shall inform it of the maximum duration of deprivation

of liberty that is foreseen in the national laws of Malta for the

offence which gave rise to the judgment and that could be imposed

on the sentenced person in case of breach of the community

sanction. This information shall be provided immediately after

receipt of the community sanction together with the necessary

certificate.

32. (1) Where Malta is the executing State, if the sentenced

person absconds or no longer has a lawful residence in Malta, the

court of criminal jurisdiction may transfer the jurisdiction in respect

of the supervision of all further decisions relating to the judgement

back to the competent authority of the issuing State.

(2) If new criminal proceedings against the person concerned

a r e t a k i n g p l a c e i n t h e i s s u i n g S t a t e , t h e court of criminal

jurisdiction of the issuing State may request the court of criminal

jurisdiction to transfer jurisdiction in respect of the supervision of

the community sanction and in respect of all further decisions

relating to the judgement back to it.

(3) When, in the application of this article, jurisdiction is

transferred back to the issuing State, the competent authority of

that State shall resume jurisdiction. For the further supervision of

the community sanctions, the competent authority of the issuing

State shall take account of the duration and degree of compliance

with the community sanctions in Malta, as well as of any decisions

taken by Malta in accordance with article 31(3).

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The issuing authority shall be informed, by any means which

leaves a written record, of

(a) the transmission of the community sanction together

with the certificate to the competent authority

responsible for its recognition and for taking the

ensuing measures for the supervision of the

community sanction and where it has no competence

to recognise it and take the said measures for the

supervision, it shall, ex officio, forward it to the

competent authority of the issuing State;

(b) the fact that it is in practice impossible to supervise the

community sanctions for the reason that, after

transmission of the community sanction, together with

the certificate, to Malta, the sentenced person cannot

be found in the territory of Malta, in which case Malta

shall be under no obligation to supervise the

community sanction;

(c) the final decision to recognise the community sanction

and to assume responsibility for supervising the

community sanction;

(d) any decision not to recognise the community sanction

and to assume responsibility for supervising the

community sanction in accordance with article 31(2),

together with the reasons for the decision;

(e) any decision to adapt community sanction in

accordance with the provisos to article 31(2), together

with the reasons for the decision;

(f) any decision on amnesty or pardon granted by the

issuing or executing State which leads to not

supervising the community sanction, together, where

applicable, with the reasons for the decision.

Where and whenever it is felt appropriate, the competent

authority shall consult with the competent authority of another

Member State being the issuing State or the executing State as the

case may be, with a view to facilitating the smooth and efficient

application of the Framework Decision.

For the purposes of article 26, the term "community

sanction" shall be deemed to also include a suspended sentence or a

suspended sentence supervision order within the meaning of

articles 28A and 28G respectively of the Criminal Code, and a

suspended sentence within the meaning of the Framework

The Minister may make regulations -

(a) prescribing the qualifications for appointment of

probation officers;

(b) prescribing the duties of the Director;

(c) prescribing any duties of probation officers in addition

to those provided by this Act;

(d) prescribing the forms of records to be kept by

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probation officers under this Act;

(e) providing for regulations for the performance of work

under community service orders;

(f) limiting the number of hours of work to be done under

such an order on any one day;

(g) providing for the reckoning of time worked under such

orders;

(h) regulating the discipline in, and other matters relating

to residential institutions approved by the Minister for

the purposes of article 7(6); and

(i) generally for the better carrying out of the purposes

and provisions of this Act.

The Board referred to in article 29 of the Code of

Organization and Civil Procedure may, in accordance with the

provisions of that article, make Rules of Court regulating any

matter or proceeding had or taken under this Act and prescribing

the forms to be used for any such matter or proceeding and the fees

payable in respect thereto.

(The provisions of the Probation of Offenders Act

(repealed by this Act) shall continue to apply to any order or

conditional discharge issued under the provisions thereof prior to

the coming into force of this Act.

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