RESTORATIVE JUSTICE ACT

The short title of this Act is the Restorative Justice Act.

In this Act, unless the context otherwise requires

"conflict of interest" means a situation in which any member of

any Board or Committee, established under this Act, has a private

or personal interest sufficient to influence or appear to influence

the objective exercise of his functions;

"Director" means the Director responsible for the Probation

Services;

"Liaison Officer" means the person appointed under article

26(2);

"mediator" means a neutral, qualified and impartial person

appointed to conduct victim-offender mediation proceedings;

"mediation report" means a written report prepared by the

mediator during victim-offender mediation proceedings;

"Minister" means the Minister responsible for the Department of

Correctional Services;

"offender" means a convicted person or a person who has

formally admitted to the commission of a criminal offence in

accordance with article 453 of the Criminal Code, as the case may

be;

"Offender Assessment Board" means the Board established under

article 3;

"parole" means the authorisation granted by the Parole Board to

a prisoner serving one or more sentences of imprisonment to be

released on parole, during a part of his term of imprisonment upon

reaching the parole eligibility date, under the supervision of the

parole officer and subject to the parole conditions as may be

specified in the parole licence;

"parolee" means a prisoner who has been granted parole by the

Parole Board and to whom a parole licence has been issued to that

effect;

*see article 1(2) of the Act as originally enacted, and Legal Notice 43 of 2012.

"Parole Board" means the Board established under article 8;

"Parole Clerk" means the person appointed under article 7;

"parole decision" means a decision taken by the Parole Board to

grant or refuse parole to a prisoner following his application to be

released on parole;

"parole eligibility date" means the date on which a prisoner

becomes eligible to be released on parole subject to the Parole

Board’s decision;

"parole licence" means a licence issued under article 15;

"parole officer" means a person appointed under article 18;

"parole period" means the period specified in the parole licence

during which a parolee is placed under the supervision of a parole

officer by means of a parole licence;

"Parole Unit" means the Unit established under article 5;

"public authority" shall have the same meaning as is assigned to

it in article 2 of the Freedom of Information Act;

"Remission Board" means the Board established under article 20;

"reparation agreement" means the agreement which may be

reached by virtue of article 41;

"Secondary Assessment Report" means the report referred to in

article 4;

"victim" means an identified, natural person who has suffered

physical and, or psychological and, or material damages, directly

caused by the offender ’s criminal acts and, or omissions or a

representative of society in the case where a victim cannot be

identified;

"victim-offender mediation" means the procedure established in

Part VI;

"Victim Support Unit" means the Unit established under article

26(1).

PART II

Establishment and Functions of the Offender Assessment Board

(1) There shall be established a Board to be known as the

"Offender Assessment Board" which shall discharge the functions

conferred on it by this Act and such other functions as may be

prescribed by regulations made under this Act, or by or under any

other law

(2)

The Offender Assessment Board shall be composed of

(a) a Chairman who shall be appointed by the Minister;

and

(b) not less than two and not more than four members to

be appointed by the Minister, who shall be

accomplished professionals in related fields, such as

Criminal Justice, Probation and the Social Sciences

amongst others.

(3) The members of the Offender Assessment Board shall hold

office for a period of five years and shall be re-eligible for

appointment

Provided that upon the expiration of the abovementioned

period, the members of the Offender Assessment Board shall

remain in office until a new Board shall be appointed.

(4) The Minister shall also appoint substitutes for the Chairman

and the members of the Offender Assessment Board to serve in

cases where either the Chairman or any member of the Offender

Assessment Board abstains or is prevented from acting. In that case

the same conditions as those applicable to the Chairperson or

members of the Board shall apply.

(5) Any member of the Offender Assessment Board having a

direct or indirect personal interest on any matter being discussed by

the Offender Assessment Board shall immediately declare his

position to the Offender Assessment Board.

(6) The member of the Offender Assessment Board who has

declared a conflict of interest shall renounce from taking any part

in discussions relating to the particular case, and a substitute shall

replace him with a view to address that same case.

(1)

The Offender Assessment Board shall be responsible

for

(a) carrying out an analysis of the reports prepared in

respect of each prisoner prior to and after sentencing.

The Offender Assessment Board shall also consider

previous reports compiled in connection with previous

cases. Reports prepared after sentencing shall include

(i)

a detailed analysis of the problem areas that may

have contributed to the criminal act committed

by the prisoner in question; and

(ii) a care plan, designed by the officials responsible

for proposing various restorative justice

programmes to the prisoner, to undergo, to assist

in his reformation and reintegration. Such care

plan shall be reviewed and updated at regular

intervals;

(b) examining the reports and reviewing documented

results related to care plan adherence in relation to

each prisoner who has submitted an application for

parole. Subsequently, the Offender Assessment Board

shall draft a report, which shall include

(i)

a risk assessment containing full details of the

potential risk of danger the prisoner in question

may pose upon being released on parole;

(ii) its recommendations to the Parole Board on

whether the prisoner in question ought to be

released on parole and the reasons thereof;

(iii) its recommendations to the Parole Board on the

conditions that ought to be imposed on the

prisoner upon the Parole Board’s decision to

grant parole to the prisoner in question and such

recommendations shall be based on the reports

received, in relation to each prisoner who has

submitted an application for release on parole;

(c) any other function which may be assigned to it by the

Director of Correctional Services, after consultation

with the Minister, from time to time.

(2) The Offender Assessment Board shall forward to the Parole

Clerk all relevant documents referred to in sub-article (1) which

shall then be included in the parole dossier for the purposes of

assisting the Parole Board to take a parole decision.

PART III

Establishment of the Parole Unit

(1) There shall be established a Unit to be known as the

Parole Unit, which shall be headed by the Director, the purpose and

functions of which are assigned by this Act.

(2) Without prejudice to the duties assigned to the Director in

the Probation Act, the Director shall have the following duties

(a) to assign parole officers to prisoners applying for

parole and to prepare reports regarding the

reintegration of prisoners;

(b) to assign parole officers to parolees and to prepare

reports;

(c) to assign mediators for victim-offender mediation

processes;

(d) to manage and direct the Parole Unit and to organise

and supervise parole services;

(e) to give direction to parole officers;

(f)

to give direction on record keeping and time

management;

(g) to supervise parole officers and periodically receive

verbal or written reports on parolees from the parole

officers;

(h) to keep a register of parolees; and

(i)

such other duties as may be assigned by the Minister

from time to time.

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

senior member of staff.

The Minister shall appoint a sufficient number of qualified

persons to be parole officers, who shall, under the general direction

of the Director, perform the duties prescribed by this Act or such

other duties as may be prescribed by regulations made under this

Act, or by any other law.

(1) There shall be appointed Parole Clerks who shall have

sufficient clerical qualifications and administrative experience to

RESTORATIVE JUSTICE

perform the duties pertaining to the post.

(2)

The Parole Clerks shall

(a) act as Parole Clerks to the Parole Board to assist in the

parole process and be responsible to keep contact with

the Director of Correctional Services;

(b) have access to the prisoner’s sentence plan, kept at the

Correctional Facility, to be able to keep a log of the

parole eligibility date of each prisoner eligible for

parole;

(c) make the necessary arrangements to inform each

prisoner who would be eligible for parole, four months

before the parole eligibility date so that if the prisoner

wishes, he may apply to the Parole Board to be

considered for parole; and

(d) make the necessary arrangements to compile the

parole dossier which would include all documents

listed in article 13(1); and ensure that the parole

dossier shall reach the Parole Board at least three

months before the parole eligibility date.

(3) The Parole Clerks shall hold office for three years and shall

be reeligible for appointment after the end of each of their

respective term of office.

(4) The Parole Clerks shall be accountable to the Parole Board

in terms of the fulfilment of duties prescribed by the Act.

PART IV

Establishment and Functions of the Parole Board

and Parole Procedure.

(1) There shall be a Board to be known as "the Parole

Board", which shall discharge the functions conferred on it by this

Act and such other functions as may be prescribed by regulations

made under this Act, or by any other law.

(2)

The Parole Board shall consist of

(a) a Chairman who shall be appointed by the Minister,

being a retired member of the judiciary; and

(b) eight other members to be appointed by the Minister

from amongst persons who are involved in the

criminal justice field and, or any other relevant

professionals.

(3) The members of the Parole Board shall hold office for a

period of five years and shall be re-eligible for appointment after

the end of their term of office

Provided that upon the expiration of the abovementioned

period, the members of the Parole Board shall remain in office until

a new Parole Board is appointed

Provided further that the Parole Board, in exercise of the

powers assigned to it by or under this Act and any other law, shall

not be subject to the direction or control of any other person or

authority.

(4) A member of the Board shall be disqualified in such

circumstances as would disqualify a judge in terms of Sub-Title II

of Title II of Book Third of the Code of Organization and Civil

Procedure; and in such case that member shall be substituted by

another member appointed for the purpose by the Minister.

(5) The Minister shall also appoint a Deputy Chairman, and

substitutes for the members of the Parole Board to serve in cases

where either the Chairman or any member of the Parole Board is

absent, abstains or is prevented from acting. In that case the same

conditions as those applicable to the Chairman and the members of

the Board, as the case may be, shall apply.

(6) Any member of the Parole Board having a direct or indirect

personal interest on any matter being discussed by the Parole Board

shall immediately declare his position to the Parole Board.

(7) The member of the Parole Board who has declared a

conflict of interest shall renounce from taking any part in

discussions relating to the particular case, and a substitute shall

replace him with a view to address that same case.

(1)

The Parole Board’s principal functions shall include

(a) evaluating the applications for parole, taking into

consideration victims’ interests;

(b) administering sentences

of

all

prisoners

being

considered for parole;

(c) having exclusive discretion to take a parole decision

and to grant, amend, suspend or revoke, a parole

licence issued under article 15;

(d) imposing the necessary conditions referred to in article

14, after taking into consideration all the relevant

information contained in the parole dossier;

(e) making recommendations as may be required in

relation to petitions under article 93 of the

Constitution of Malta;

(f)

liaising with the Offender Assessment Board and the

relevant departments and units, as may be deemed

necessary;

(g) issuing certificates of good conduct to mark successful

completion of the prisoner’s parole period; and

(h) any other function as may be prescribed by the

Minister from time to time.

(2) Every case brought before the Parole Board shall be

considered on its own merits.

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

Minister, which shall include

(a) the number of prisoners granted or refused parole;

(b) the number of parole licences amended, suspended and

revoked during that year and reasons thereof; and

(c) any matters effecting the operation of the Parole Board

in the fulfilment of its functions and duties excluding

any administrative issues.

(4) The Minister shall lay a copy of such report on the Table of

the House and present a copy of the same report to the

Parliamentary Social Affairs Committee.

(5) Without prejudice to the preceding sub-article, the Parole

Board, whenever so required by the Minister, shall also submit a

report on any matter in connection with the administration of the

relevant legislation.

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

Parole Unit, relating to all prisoners applying for parole, and

subject to the provisions of this Act, the Parole Board shall regulate

its own procedures.

(1) Subject to the provisions of this Act, parole may only

be granted to prisoners serving a sentence of imprisonment of a

term of one year or more, irrespective of whether such term results

from a single sentence or from a number of sentences that amount

to an aggregate of at least one year.

(2) Parole shall also apply with respect to prisoners who have

previously served and concluded a prison sentence.

(3) Notwithstanding the provisions of sub-articles (1) and (2)

prisoners falling under the following categories shall not be eligible

for parole

(a) prisoners sentenced to a term of imprisonment of less

than one year;

(b) detainees under the provisions of the Immigration Act;

(c) prisoners subject to extradition proceedings;

(d) third-country nationals who are to be deported at the

end of their sentence;

(e) prisoners who are being detained for subverting or

attempting to subvert the Government of Malta, or

conspiring against the State as stipulated in article

56(1) and (2), and in article 57(1) and (2) of the

Criminal Code;

(f)

prisoners sentenced for acts of terrorism, funding

terrorism, and ancillary offences as stipulated in article

328A to article 328M of the Criminal Code; and

(g) prisoners sentenced to life imprisonment.

(1) Subject to the provisions of this Act, the parole

eligibility date of a prisoner serving a sentence of imprisonment for

a term of one year and not exceeding two years shall be calculated

at thirty-three per cent of his term of imprisonment.

(2) Subject to the provisions of this Act, the parole eligibility

date of a prisoner serving a sentence of imprisonment for a term of

more than two years and not exceeding seven years of

imprisonment shall be calculated at fifty per cent of his term of

imprisonment.

(3) Subject to the provisions of this Act, the parole eligibility

date of a prisoner serving a sentence of imprisonment for a term of

more than seven years of imprisonment shall be calculated at fifty-

eight per cent of his term of imprisonment.

(4) Notwithstanding the provisions of sub-articles (1), (2) and

(3), the Court may include in its judgment an earlier parole

eligibility date in the case of offenders who have not yet attained

the age of sixteen years at the time of the commission of the

offence, or the Court may, taking into consideration the particular

circumstances of the case, deem it to be justifiable that a different

date be established in order for the offender to reform himself

better.

(5) Notwithstanding the provisions of sub-article (1), the

parole eligibility date of a person sentenced to more than one

sentence of imprisonment, following the coming into force of this

Act, shall be calculated at fifty per cent of his total term of

imprisonment.

(6) Notwithstanding the provisions of sub-articles (1), (2), (3)

and (4) in cases of breach of prison regulations, the parole

eligibility date may be pushed back accordingly as a disciplinary

measure taken by the Remission Board.

(7) The computation of the terms referred to in sub-articles (1),

(2) and (3) shall be made in accordance with article 22 of the

Criminal Code.

(8) Notwithstanding the provisions of sub-articles (1) to (5),

prisoners eligible for parole may, on the grounds of terminal

illness, apply to the Parole Board to be considered for parole before

reaching the parole eligibility date

Provided that the Parole Board shall first acquire the

prisoner ’s authorisation in writing to interview the medical

specialist responsible for the prisoner ’s care, regarding the

prisoner’s health condition before the Parole Board may take a

decision to grant parole to the prisoner.

(9) The parole eligibility date shall be calculated exclusively

on the basis of the prison term or aggregate of prison terms of any

relevant court sentences.

(10) The payment or otherwise of court fines shall be taken into

consideration by the Offender Assessment Board, the Parole Board

and the Remission Board in their deliberations.

When a person, who has previously served a sentence of

im pr i s on m e n t a n d h a s b een g r an t e d p a r ol e or r e m i ssi o n in

accordance with the provisions of this Act, is convicted of a further

offence committed prior to his having served the previous sentence,

and is certified to be presently free of any dependencies, that

person may be considered for parole upon the commencement of

the subsequent sentence of imprisonment, unless the Court in its

judgment has decided to the contrary

Provided that the Parole Board shall impose on the parolee

in his parole licence the condition to perform community service

work and the relevant provisions of the Probation Act shall mutatis

mutandis apply, together with any other condition the Parole Board

may deem necessary to impose.

(1) Following the prisoner’s application to be considered

for parole, the responsible Parole Clerk shall forward to the Parole

Board the parole dossier which shall include

(a) the prisoner’s application to be considered for parole;

(b) the sentence details of the prisoner;

(c) other relevant police and, or court records and, or the

Attorney General’s advice particularly in cases when

the prisoner in question has other pending cases;

(d) the report from the Parole Unit as provided for in

article 5(2)(a)

Provided that the information for onward transmission

to the victim or victims of crime shall consist of the

month of discharge of the prospective parolee, the

length of time he would be subject to the Parole

Licence, and details about the general area of release as

the case may be;

(e) the Offender Assessment Board’s recommendations;

and

(f)

subject to the provisions of the Data Protection Act,

any other information or reports which the Offender

Assessment Board may deem relevant to include and,

or which the Parole Board may require for the case in

question.

(2) The Liaison Officer, appointed under this Act, shall notify

in writing the victim or victims of the prisoner, when applicable, of

t h e p r i s o n e r ’s a p p l i c a t i o n f o r p a r o l e a n d s h a l l m a k e h i s

recommendations to the Parole Board following consultation with

the victim.

(3) Prior to the Parole Board taking a decision as to whether it

shall grant or refuse the prisoner’s application for parole, the Parole

Board

(a) shall examine all documents provided in the parole

dossier and shall give due consideration to the

Offender Assessments Board’s recommendations

which are principally based on

(i)

the voluntary and active participation of the

prisoner in restorative justice programmes

available and recommended during his time in

the Correctional Facility;

(ii) the risk of a further offence being committed

should the prisoner be granted parole; and

(iii) any other relevant evidence, including whether

the prisoner in question has registered any

improvement in various areas related to the

reform process;

(b) shall take into consideration the recommendations

made by the Liaison Officer in relation to the victim

and, when deemed necessary by the Parole Board,

interview the victim or victims of the prisoner

applying for parole;

(c) may, if deemed necessary, interview the prisoner

applying for parole; and

(d) may, if deemed necessary, interview the officials of the

Board of Visitors of the Prisons and, or correctional

facility officials and, or any other person as may be

deemed necessary to be interviewed by the Parole

Board.

(4) By not later than three weeks prior to the parole eligibility

date, the Parole Board shall determine whether to grant parole.

(5) By not later than one week from the date when the decision

was taken, the Parole Board shall inform the Parole Clerk who shall

forward a copy of the Parole Board’s decision to

(a) the Director;

(b) the Director of Correctional Services;

(c) the prisoner making the request; and

(d) the Liaison Officer of the Victim Support Unit who

shall then have the responsibility to inform in writing

and explain the Parole Board’s decision to the victim

or victims concerned, as the case may be.

(6) Upon the Parole Board’s refusal to grant parole to the

prisoner, unless the Parole Board has fixed a date, in consideration

of the circumstances of the case, the prisoner shall once again become

eligible to re-apply for parole after the expiration of six months

from the date of the Parole Board’s decision.

(1) When granting parole to a prisoner, the Parole Board

may impose any conditions as may be deemed necessary and such

conditions may include

(a) the provision of monetary compensation to the victim

which may be deducted from the parolee’s monthly

income and, or any other service the Parole Board

shall request the parolee to provide to the victim,

subject to the victim’s approval;

(b) deprivation of any contact with the victim and, or the

victim’s family members;

(c) any condition which may be recommended by the

victim to the Parole Board to be imposed on the

parolee;

(d) to undergo an electronic monitoring programme;

(e) that the parolee undergoes any treatment programmes

as may be specified by the Parole Board;

(f)

the participation of the parolee in educational,

vocational and, or training programmes as may be

specified by the Parole Board;

(g) the performance of community service work;

(h) day time or night time restrictions which may include

the parolee’s obligation to return to the Correctional

Facility during specified days of the week or specified

hours of the day as the Parole Board may deem

necessary;

(i)

the obligation to reside within a designated area and

not leave such designated area without the Parole

Board’s explicit approval; and

(j)

any other conditions which the Parole Board may

deem fit to impose in the circumstances.

(2) The parolee shall be under such supervision of the parole

officer or parole officers, as established by the Parole Unit,

throughout the parole period. The parolee shall be required to

(a) meet up with the parole officer in accordance with

such instructions as may be given by the Parole Board

from time to time; and

(b) comply with the instructions of the parole officer.

(3) All conditions imposed on the parolee may be amended or

revoked or additional conditions may be further specified by the

Parole Board, on its own initiative or following recommendations

made by the victim, the Offender Assessment Board or the parole

officer or parole officers assigned to supervise the parolee at any

time during the parole period.

(4) The Police and, or relevant governmental or non-

governmental organizations may also make their recommendations

to the Parole Board as regards parole conditions that ought to be

imposed.

(5) Notwithstanding recommendations made to the Parole

Board, the Parole Board shall have exclusive competence on the

conditions that shall be imposed on the parolee.

(6) The Parole Clerk shall immediately inform and clearly

explain to the prisoner granted parole, the conditions that are to be

imposed on him and upon his refusal to abide by any of the

abovementioned conditions the Parole Board shall immediately

revoke its decision.

(1) Upon the Parole Board’s decision to grant parole to the

prisoner, the Parole Board shall issue a parole licence which shall

include

(a) the name and surname and other personal details of the

parolee;

(b) the date on which the prisoner shall be released on

parole;

(c) the period during which the parolee shall be on parole

and during which he shall be supervised by the parole

officer or parole officers; and

(d) all conditions which the Parole Board, on its own accord

or following recommendations from the victim, the

police, the Director or any relevant governmental or

non-governmental organizations, shall deem necessary

for the parolee to comply with.

(2) The Parole Clerk shall immediately forward a copy of the

parole licence to

(a) the parolee;

(b) the Director;

(c) the Director, of Correctional Services;

(d) the Attorney General; and

(e) the Commissioner of Police;

which parole licence shall be duly signed by the parolee.

(3) The parole licence shall, unless it has been previously

revoked under article 16, remain in force until the expiry of the

parole period specified in the parole licence, that is, the date on

which the parolee’s sentence of imprisonment expires.

(1) The Parole Board may amend, suspend or revoke a

parole licence if it is reported to the Parole Board, by the Director

or his representative, or any public authority including the

Commissioner of Police and the Attorney General that the parolee

(a) has not complied with any of the parole conditions; or

(b) presents, to the parole officer or parole officers or

police officials, reasonable suspicion that he might

commit a further crime or

(c) is charged with committing a further crime.

(2) Upon revocation or suspension of the parole licence, the

parolee shall immediately be returned to the Correctional Facility

to serve the rest of his sentence and will not be re-eligible for

parole during the course of the sentence being served

Provided that whenever the parole licence has been revoked

or suspended in accordance with sub-article (1)(a) and (b), the

provisions of article 12 shall not apply

Provided further that whenever the parole licence has been

revoked or suspended in accordance with sub-article (1)(c), the

parolee shall be eligible for parole in terms of article 11 on serving

his second or subsequent sentence.

(3) The Parole Board may also amend, suspend or revoke a

parole licence if it receives such information that, had it been

received prior to the issuing of the parole licence, the Parole Board

would not have granted parole.

(4) The amendment, suspension or revocation of the parole

licence shall be effective from such date when the Parole Board has

taken its decision to amend, suspend or revoke the parole licence.

RESTORATIVE JUSTICE

(1) The Parole Board, prior to considering whether to

amend, suspend or revoke the parole licence, may consult the

victim or victims concerned, as the case may be.

(2)

(a) The Parole Board, upon taking its decision to amend,

suspend or revoke the parole licence, shall ensure that

the parolee and the victim or victims concerned, as the

case may be, be served with an information notice.

(b) The notice referred to in paragraph (a) shall include

the reasons for such amendment, suspension or

revocation of the parole licence.

(c) The information notice shall also include the period of

suspension of the parole licence and shall also be duly

signed by the parolee.

Once a parole licence has been issued, the Director shall

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

parolee

Provided that more than one parole officer may be assigned

to the same parolee, each dealing with a particular aspect of the

case as the Director may determine.

Subject to the conditions stipulated in the parole licence, it

shall be the duty of the parole officer -

(a) to supervise, advise and assist the parolee;

(b) to receive feedback from the parolee and from

professionals, as may be deemed necessary;

(c) to draft a plan, monitor and assist the parolee in

fulfilling the conditions of the parole licence;

(d) to further assist the parolee in understanding the harm

the parolee caused to the victim of crime and society;

(e) to provide the Parole Board with bi-monthly progress

reports of the parolee;

(f)

to assist the parolee in furthering appropriate social

and educational endeavours;

(g) where necessary, to assist the parolee in finding

suitable employment;

(h) to report immediately to the Parole Board, after a

breach of any of the conditions imposed by the Parole

Board, specified in the parole licence; and

(i)

such other duties as the Minister may prescribe by

regulations or as may be specified by the Director

from time to time.

PART V

Remission

(1) There shall be appointed a Board to be known as "the

Remission Board," which shall be composed of

(a) a Chairman;

(b) the Director of Correctional Services; and

(c) not more than two other members to be appointed by

the Minister.

(2) The Remission Board shall be responsible for deciding on

the awarding, forfeiture and awarding back of remission days

forfeited.

(1) Offenders may be awarded remission of sentence on

the grounds of performance at work, at training, during educational

and rehabilitation programmes, adherence to the care plan as

approved by the Offender Assessment Board, and the offenders’

general overall good conduct. The Remission Board shall establish

a system whereby remission days are awarded to each individual

offender according to objective criteria.

(2) Remission shall be earned, forfeited and awarded back in

accordance with this Act, any regulations made under this Act and

the criteria laid down by the Remission Board.

(1) In the case of offenders serving a sentence of

imprisonment of a term of more than one month, the Remission

Board may award, order the forfeiture and award back remission

days forfeited

Provided that the provisions of this article shall not permit

the reduction of the term of imprisonment to less than thirty-one

days.

(2) Remission shall not apply to an offender serving a sentence

of imprisonment for life.

(3)

Remission earned shall not exceed one third of the total of

(a) the term of a sentence of imprisonment as reduced

under article 22 of the Criminal Code; and

(b) any period, during which the accused was kept in

custody prior to conviction, for the offence or offences

for which the offender was imprisoned.

(1) The Remission Board may order the forfeiture of not

more than three-hundred and sixty-five days of remission, whether

earned or prospective, in the case of offenders who escape or

attempt to escape from the Correctional Facility, who cause

disturbance within the Facility or who commit a criminal offence

within the Facility, including being found positive to narcotic

testing or in possession of any illicit substances or objects.

(2) The Remission Board may order the forfeiture of not more

than one-hundred and twenty days of remission, whether earned or

prospective, in the case of offenders infringing prison regulations

or any disciplinary measures, including being found in possession

of substances or objects not permitted by prison regulations.

(3) Offenders who escape or attempt to escape from the

Correctional Facility, who cause disturbance within the facility or

who commit a criminal offence within the facility, including being

found positive to narcotic testing, or in possession of illicit

substances or other substances and, or objects in infringement of

rel ev an t pri son regul at ions, shall not be awarded back any

remission days forfeited.

(4) In the case of an offence against discipline committed by an

unconvicted prisoner, a punishment of forfeiture may be awarded

notwithstanding that the prisoner has not, or had not at the time of

the offence, been sentenced.

(5) Offenders infringing prison regulations on three occasions

shall not be awarded back any remission days forfeited.

Offenders awarded remission may be required to fulfil

conditions as may be specified by the Remission Board. Such

conditions may include

(a) following rehabilitative and, or restorative justice

programmes as may be specified by the Remission

Board; and

(b) conducting community work.

The Director of Correctional Services shall record in an

appropriate register the remission awarded to each offender. Such

record shall be entered in the register at regular intervals of not

more than one month. The Director of Correctional Services,

following consultation with the Remission Board, shall

communicate to each offender at reasonable intervals the amount of

remission awarded to him.

PART VI

Establishment of the Victim Support Unit

(1) There shall be established a Unit within the

Department of Probation Services to be known as the "Victim

Support Unit";

(2) The Head of the Victim Support Unit shall assume the role

of Liaison Officer and the functions of the Liaison Officer may be

delegated to members of staff, as may be deemed necessary.

The functions of the Victim Support Unit shall include

(a) the establishment of a Victims of Crime Charter, to be

approved by the Minister, to regulate the coordination

of services to satisfy the needs of victims of crime

including all the necessary procedures to be followed

in accordance with the provisions of the Victims of

Crime Act and any other applicable law or policy;

(b) the provision and management of a victims’ register in

accordance with article 28;

(c) the drawing up of a list of mediators to assist in

victim-offender mediation;

(d) the drawing up of, in collaboration with the Malta

Mediation Centre, a code of ethics to be followed by

mediators

during

victim-offender

mediation

proceedings;

(e) the drawing up of the criteria for the appointment of

mediators;

(f)

the facilitation of better access to victim-offender

mediation through the publication of information,

guidelines and related documentation;

(g) the promotion of victim-offender mediation as a means

of reparation for both the victim and the offender at

any stage of the criminal justice process;

(h) the drawing up and publication of an annual report on

the progress of the Victim Support Unit, which shall

include

(i)

the number of victim-offender mediation

processes made and the results thereof during

that year; and

(ii) any other matter, which may be deemed

appropriate for inclusion in the report, excluding

any administrative issues;

(i)

the collaboration with any victim support voluntary

organisation as the Victim Support Unit may deem

necessary; and

(j)

the performance of such other functions as may be

assigned to the Victim Support Unit by this Act or by any

other law or by any regulations which may, from time to

time, be prescribed by the Minister.

(1) The Liaison Officer shall set up and manage a Victims’

Register, hereinafter referred to in this Part as "the register" which

shall contain full details of victims of crime.

(2) All contents of the register shall be treated confidentially

and the Liaison Officer shall ensure that no information included in

the register shall be disclosed to any third party, save under a Court

order.

(1) There shall be a Committee to be known as "the

Victim-Offender Mediation Committee" hereinafter referred to in

this Part as "the Committee" which shall discharge the functions

conferred on it by this Act and such other functions as may be

prescribed by regulations made under this Act, or by or under any

other law.

(2)

The Committee shall consist of

(a) a Chairman, who shall be the Director;

(b) two other members with the required expertise in the

field of mediation who shall be appointed by the

Minister after consultation with the Malta Mediation

Centre and shall remain in office for a period of two

years and may be eligible for reappointment in such

office for a further period of two years; and

(c) another member who shall be appointed by the

Director after consultation with the Director for

Correctional Services and shall remain in office for a

period of two years and may be eligible for

reappointment in such office for a further period of

two years.

(3) Any member of the Committee having a direct or indirect

personal interest on any particular matter being discussed by the

Committee shall immediately declare his position to the

Committee.

(4) The member of the Committee who has declared a conflict

of interest shall refrain from any discussion on the matter in which

he has declared any conflict of interest.

(5) Any member who abstains or is prevented from acting,

under the provisions of this article, shall be substituted by any

member, to be appointed by the Director.

(1) The Committee’s principal duties shall include

(a) to determine the victim’s, the offender’s and the

offence’s suitability for victim-offender mediation;

(b) to determine the victim’s and offender’s eligibility for

victim-offender mediation;

(c) to supervise mediators and periodically receive verbal

or written reports on the victim-offender mediation

processes taking place;

(d) to determine the location where victim-offender

mediation is to take place;

(e) the responsibility to make recommendations to the

Minister and in consultation with the Malta Mediation

Centre regarding

(i)

the drawing up of a list of mediators to assist in

victim offender mediation;

(ii) the drawing up of the criteria for the

appointment of mediators; and

(f)

such other duties that may be assigned to it by the

Minister.

(2) Every case brought before the Committee shall be

considered by the Committee on its own merits so however that,

offences arising from acts considered to constitute gender-based

violence or domestic violence shall not be considered suitable for

victim-offender mediation.

(3) The Committee shall have access to all records of the

Victim Support Unit and, subject to the provisions of this Act and

any direction by the Minister, the Committee shall regulate its own

procedures.

(1) The Court may, at any stage of criminal proceedings,

refer the case to the Committee to determine the suitability and

eligibility or otherwise for the case to be referred to victim-

offender mediation.

(2) The prosecutor, and, or the advocate of the offender and, or

the probation officer, as the case may be, may also, at any time

during the criminal proceedings request the Court, through an

application, to refer the case to the Committee to determine the

suitability and eligibility or otherwise for the case to be referred to

victim-offender mediation.

(3) If the Court, instead of sentencing the offender to

imprisonment, subjects the offender to any order provided under

the Probation Act, or to a suspended sentence provided under the

Criminal Code, the probation officer or the surveillance officer, as

the case may be, responsible for supervising the offender, may at

any stage during the duration of the probation or operational

period, request the Court, by means of an application, to refer the

case to the Committee to determine the suitability and eligibility or

otherwise for the case to be referred to victim-offender mediation.

(4) The Offender Assessment Board and, or the Parole Board

and, or the Remission Board, as the case may be, may at any post-

sentencing stage refer a case to the Committee to determine the

suitability and eligibility or otherwise for a case to be referred to

victim-offender mediation.

(1) Prior to referring the victim and the offender to victim-

offender mediation, the Committee shall determine the victim’s and

the offender’s eligibility.

(2)

An offender is eligible for victim-offender mediation if

(a) the offender is capable of agreeing to take part in

victim-offender mediation;

(b) the offender agrees voluntarily to take part in victim-

offender mediation; and

(c) the offender has formally admitted to committing an

offence.

(3) A victim of an offence is eligible for victim-offender

mediation if

(a) the offence perpetrated against the victim is committed

by an eligible offender;

(b) the victim is capable of agreeing to take part in victim-

offender mediation; and

(c) the victim agrees voluntarily to take part in victim-

offender mediation.

In deciding whether victim-offender mediation is suitable

for an offence, the Committee shall consider, amongst other

matters, the following

(a) the nature of the offence, including the level of harm

caused by or violence involved in its commission; and

(b) any potential power imbalance between the persons

who are to take part in victim-offender mediation.

In deciding whether victim-offender mediation is suitable

for an eligible victim, the Committee shall consider, amongst other

matters, the following

RESTORATIVE JUSTICE

(a) the victim’s personal characteristics;

(b) the victim’s motivation to take part in victim-offender

mediation;

(c) the impact of the offence on the victim; and

(d) the potential psychological effects victim-offender

mediation may have on the victim.

In deciding whether victim-offender mediation is suitable

for an eligible offender, the Committee shall consider, amongst

other matters, the following

(a) the offender’s personal characteristics;

(b) the offender’s motivation to take part in victim-

offender mediation;

(c) the impact of the offence as perceived by the offender;

and

(d) the extent (if any) of the offender’s contrition or

remorse for the offence.

The Committee shall refer the victim and the offender to

victim-offender mediation if all of the following pre-requisites are

satisfied

(a) there is an eligible victim;

(b) there is an eligible offender; and

(c) the Committee determines the suitability of the victim,

the offender and the offence for victim-offender

mediation

Provided that upon the Committee’s refusal to refer a case

to victim-offender mediation if any of the abovementioned pre-

requisites have not been satisfied, shall not preclude the possibility

for the case to be referred to victim-offender mediation at a later

stage once all pre-requisites are satisfied.

Upon being assigned to a case, the mediator shall

(a) make sure to be informed of all the relevant facts of

the case after being provided with all necessary

documents by the Committee;

(b) contact the victim and the offender to fix a date, time

and place for an individual pre-mediation meeting with

each of the parties and to hold a preliminary hearing in

relation to the case, inform them about the victim-

offender mediation process and rules, and their

respective rights

Provided that in the case where the offender is in the

Correctional Facility, the mediator shall obtain the

necessary authorization from the Director of

Correctional Services to visit the offender or to hold a

meeting with the offender outside the Correctional

Facility;

(c) make sure that the victim-offender mediation session

shall be based on the relevant facts of the case and on

the needs and wishes of the parties;

(d) help facilitate dialogue in an impartial manner

between the parties;

(e) respect the dignity and sensitivity of the parties and

ensure that the parties respect each other’s rights and

opinions during the process;

(f)

facilitate the negotiations leading to a reparation

agreement between the parties; and

(g) any other function as the Victim Support Unit, after

consultation with the Committee, may assign from

time to time.

There is no obligation on a victim or on an offender to

(a) take part in the victim-offender mediation process; and

(b) continue to take part in victim-offender mediation

after commencement of the proceedings.

Victim-offender mediation proceedings shall be resorted to

by the parties in person, without any legal representation

Provided that without prejudice to the confidentiality

provisions herein contained, where a party to the mediation

communicates to the mediator a threat of serious bodily harm or

death to be inflicted on any person or a threat of significant damage

to property and the mediator has reason to believe the party has the

intent and ability to act on the threat, the mediator shall convey

such information to the appropriate authorities or to the person or

persons concerned.

Victim-offender mediation shall be terminated when either

of the following circumstances occur

(a) the parties negotiate and sign a reparation agreement;

(b) if in the opinion of the mediator, the parties cannot

reach a reparation agreement; or

(c) either or both of the parties no longer wish to continue

with the victim-offender mediation proceedings

Provided that victim-offender mediation proceedings shall

not exc eed t hree sessions, unless further sessions are duly

authorized by the Committee.

(1) Successful victim-offender mediation proceedings

shall result in the negotiation of a reparation agreement between

the parties.

(2)

Reparation agreements may include

(a) the offender providing compensation for damages

suffered by the victim;

(b) the offender providing compensation

for

non-

pecuniary damages suffered by the victim;

(c) the offender performing personal work for the victim;

(d) the offender performing community work;

(e) the offender to undertake any relevant rehabilitation

programmes;

(f)

restitution to the victim of any item stolen by the

offender;

(g) a formal apology by the offender to the victim; or

(h) any other reasonable agreement as may be agreed to by

the parties

Provided that a reasonable reparation agreement shall

be construed as an agreement reached by both the

victim and the offender and which is considered to be

objectively and reasonably justified, in the particular

circumstances, by the mediator and attested by the

Committee.

(1) No evidence of anything said or any admission made

for the purpose of, in the course of, or pursuant to victim offender

mediation is admissible in any proceedings, and disclosure of such

evidence shall not and may not be compelled in any proceedings

Provided that disclosure of the content of the agreement

resulting from mediation shall be permitted, subject to the consent

of the parties concerned

Provided further that any other information acquired by the

mediator during mediation proceedings may be disclosed

whenever

(a) the mediator considers that this is necessary for

overriding considerations of public policy or national

security; or

(b) such information concerns any threat to commit a

criminal offence; or

(c) the mediator considers that a criminal offence is likely

to be committed.

(2) All communications or settlement discussions by and

between participants in the course of mediation shall remain

confidential

Provided that information falling within the scope of the

second proviso of sub-article (1) may be communicated to the

authorities or persons concerned.

(3) Except as required under sub-article (4), a mediator may

not submit to any court or adjudicatory body any evidence, report,

assessment, evaluation, or finding of any kind concerning a

mediation conducted by him other than a report that is mandated by

the Court or adjudicatory body, and which only states whether an

agreement was reached.

(4) A mediator may only divulge such information as

established under sub-article (3) to a Court or adjudicatory body as

long as all parties to the mediation expressly agree in writing.

(1) The mediators shall inform the Court, the Offender

Assessment Board, the Parole Board or the Director whenever an

agreement has been reached by the parties, whenever the parties

have failed to reach an agreement, or where mediation sessions had

to be interrupted for any other reason.

(2) Whenever an agreement is reached, the mediator shall be

responsible to forward a written copy of the reparation agreement

to the entity that referred the case to victim-offender mediation

whenever the parties give their consent to such disclosure.

(3) Outcomes of victim-offender mediation proceedings during

the pre-sentencing stage shall be taken into consideration by the

Court when passing judgement

Provided that, upon the parties having reached a reparation

agreement, nothing shall prevent the Court from prescribing any

other punishment on the offender which it may deem appropriate

Provided further that participation of the offender in

mediation shall not be used as evidence of admission of guilt by the

offender.

PART VI A

Duty of Public Authorities to Encourage Rehabilitation

(1)

Public authorities shall in the exercise of their policy

making, regulatory and licensing functions endeavour to facilitate the

rehabilitation of persons who have been sentenced to a criminal

punishment and to accommodate their rehabilitation needs. In

particular, in exercising their discretion as to whether to issue an

authorisation for the exercise of an activity by such persons, the public

authorities shall duly consider whether instead of denying such

authorisation, they may reasonably accommodate the rehabilitation

needs by opting in favour of issuing the authorisation subject to such

conditions, limitations or other measures as may be authorised by law

and as they may consider appropriate to reasonably accommodate the

situation of the person with the aim of encouraging rehabilitation into

society.

(2)

Banks, financial institutions and employers shall in the

exercise of their activities endeavour to enable the rehabilitation of

persons who have been sentenced to a criminal punishment and to

accommodate the rehabilitation needs of such persons. In particular,

they shall only subject such persons to exclusions from services or

from employment when such exclusions are provided by law or are

objectively justifiable in view of the nature of the service or of the

employment.

(1)

There shall be a Board to be known as the

Rehabilitation (Licensing Powers) Board, hereinafter in this article

referred to as the "Board", which shall be competent to hear

complaints about exclusions or restrictions made by any public

authority with respect to the issuance of any licence or permit to a

person who has been sentenced to a criminal punishment by reason of

the said sentence and to make general or specific recommendations to

the public authority concerned in respect of the application of the said

exclusions or restrictions.

(2)

The Board may also act upon its own motion to examine any

licensing exclusions or restrictions applicable to persons sentenced to

a criminal punishment and draw a report thereon to the Minister.

(3)

The Board shall be appointed by the Minister and shall be

composed as follows

(a)

a Chairperson having at least five (5) years work

experience in fields related to the criminal justice system or to

correctional facilities;

(b)

two (2) members nominated by the Minister

responsible for justice;

(c)

two (2) members from the public service

nominated by the Principal Permanent Secretary;

(d)

two (2) members appointed after consultation

with non-governmental organisations active in the field of

rehabilitation of persons who have been sentenced to a criminal

punishment, as determined by the Minister; and

(e)

two (2) members appointed after consultation

with organisations representing employers and workers

respectively, as determined by the Minister.

(4)

The Minister shall appoint a person to act as Secretary to the

Board who shall not have a vote.

(5)

The Chairperson and the members of the Board shall be

appointed for a period of three (3) years and shall be eligible for

reappointment for another term of three (3) years.

(6)

The Chairperson and the members of the Board may at any

time resign their post by means of a letter addressed to the Minister in

which case the Minister shall appoint another person to act instead of

the person who resigned for the remaining part of the term of

appointment according to the same procedure by which the person

who resigned was appointed to the Board.

(7)

In the exercise of its functions the Board may request the

advice of experts, as may be necessary.

(8)

The Minister, after consultation with the Board, shall by

means of regulations establish the procedure of the said Board.

(9) The Board shall inform the public on its decisions in such

manner as it deems appropriate whilst adhering to the principles of

personal data protection.

PART VII

Miscellaneous

The Minister may make regulations

(a) providing for the duties of the Director in addition to

those prescribed by this Act;

(b) providing for any duties of parole officers in addition

to those prescribed by this Act;

(c) providing for any duties of all the Boards and the

Committee established under this Act in addition to

those prescribed by this Act;

(d) providing for any duties of the Parole Clerk in addition

to those prescribed by this Act;

(e) providing for the conditions that shall be imposed in a

parole licence in addition to those prescribed by this

Act;

(f)

providing for the manner in which and the conditions

under which a remission of a portion of the sentence

may be earned by industry, good conduct and

adherence to the care plan;

(g) prescribing standard operational procedures in

consultation with the Director for any of the functions

stipulated under this Act or any of the functions that

may be added from time to time; and

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

and provisions of this Act.