PROTECTION OF MINORS (REGISTRATION) ACT (registration)

PROTECTION OF MINORS (REGISTRATION)

CHAPTER 518

PROTECTION OF MINORS (REGISTRATION) ACT

To provide for the registration of sexual offenders and other offenders

who commit offences of serious violence.

20th January, 2012 *

ACT XXIII of 2011, as amended by Legal Notice 426 of 2012.

The short title of this Act is the Protection of Minors

(Registration) Act.

(Article 2)

Offences

Criminal Code (Cap. 9)

1. Articles 197(1) and (2), 198;

2. Article 199 when the offence is committed on a minor;

3. Articles 202, 203, 203A, 204, 204A, 204B, 204C and 204D;

4. Article 207 when the offence is committed on a minor;

5. Articles 208A, 247A, 248D;

6. Articles 251A and 251B when the offence is committed on a minor;

Medical and Kindred Professions Ordinance (Cap. 31)

1. Second proviso to article 120A(2)(b)(ii) when the offence is committed on a

White Slave Traffic Ordinance (Cap. 63)

1. Article 3 when the offence is committed on a minor;

2. Proviso to article 7(1)

Dangerous Drugs Ordinance (Cap. 101)

1. Second proviso to article 22(2)(b)(ii) when the offence is committed on a

minor.

PROTECTION OF MINORS (REGISTRATION)

(1)

In this Act, unless the context otherwise requires

"admitted to a hospital" means admitted to a hospital under the

Mental Health Act;

"cautioned" means cautioned by a police or other law

enforcement officer after the person concerned has admitted the

offence;

"the Code" means the Criminal Code;

"community sanction" means a probation order, a community

service order or a combination order as specified in the Probation

Act;

"competent court" shall have the same meaning given by article

4(1);

"country" includes territory;

"detained in a hospital" means detained in a hospital under the

Mental Health Act;

"earlier event" has the meaning given by article 8(2)(a);

"finding" refers to the situation where a person is found not

guilty of a scheduled offence by reason of insanity;

"home address" has the meaning given by article 8(6);

"interim notification order" has the meaning given by article

21(2);

"the Minister” means the Minister responsible for justice;

"notification order" has the meaning given by article 18(1);

"notification period" has the meaning given by article 7(1);

"parental authority" has the same meaning as in the Civil Code;

"the period of conditional discharge" has the meaning given by

article 22(2) of the Probation Act;

"probation order" has the meaning given by article 2 of the

Probation Act;

*see article 1(2) of the Act as originally promulgated, and Legal Notice 15 of 2012.

PROTECTION OF MINORS (REGISTRATION)

"probation period" has the meaning given by article 2 of the

Probation Act;

"the Register" means the register established under article 3;

"the Registrar" has the meaning given by article 3;

"registered person" means a person registered in the Register;

"relevant date" has, save in the circumstances mentioned in

articles 19 and 21, the meaning given by article 7(4);

"relevant entity" means any institution, establishment or

organisation which provides or organises any service or activity

which involves the education, care, custody, welfare or upbringing

of minors;

"relevant offender" has the meaning given by article 6(3);

"scheduled offence" means an offence listed in Schedule I;

"supervision" means supervision in pursuance of an order made

for the purpose;

"subject person" has the meaning given by article 13(6);

"young offender" has the meaning given by article 13(2).

(2) Notwithstanding the provisions of any other law, a person

convicted for an offence for which an order is made under the

Probation Act placing the offender on a community sanction or

discharging the offender absolutely or conditionally shall, for the

purpose of this Act, be deemed to be a person convicted of an

offence.

(3) Where under article 1(2) different days are appointed for

the commencement of different provisions of this Act, a reference

in any such provision to the commencement of this Act is to be read

(subject to article 19(4)) as a reference to the commencement of

that provision.

(Article 7)

Description of relevant offender

A person who, in respect of the offence, has been

sentenced to imprisonment for life or for a term of 30

months or more

A person who, in respect of the offence or finding, is

admitted to a hospital

A person who, in respect of the offence, has been

sentenced to imprisonment for a term of more than 6

months but less than 30 months

A person who, in respect of the offence, has been

sentenced to imprisonment for a term of 6 months or

less

A person in whose case an order for conditional

discharge or a probation order is made in respect of the

offence

A person within article 18(2)(d)

A person of any other description

(1) The Registrar, Civil Courts and Tribunals, hereinafter

in this Act referred to as "the Registrar", shall maintain a register

within which there shall be noted down the name of any person

who is subject to notification requirements, together with those

details which are required to be notified, under the provisions of

this Act, as well as an authentic copy of the relevant judgment or

court decree, as the case may be.

(2) Any register as provided in sub-article (1) may be kept and

maintained in electronic format.

(3) Any registered person shall be ineligible for membership

of, or any employment or other position with, any institution,

establishment or organisation providing or organising any service

or activity which involves the education, care, custody, welfare or

upbringing of minors, whether such membership, employment or

other position is against payment or otherwise.

(4) Any registered person who is a member of, or is employed

or holds any position with, any institution, establishment or

organisation as is mentioned in sub-article (3), whether such

membership, employment or other position is against payment or

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otherwise, shall have his membership, employment or position

terminated with immediate effect without that person being entitled

to any compensation other than any remuneration that may be due

to him for services rendered until termination.

(1) Notwithstanding the provisions of any other law, any

relevant entity shall, not earlier than six months from the coming

into force of this Act but not later than eighteen months from the

coming into force of this Act, request the Voluntary Jurisdiction

Section of the Civil Court (First Hall), hereinafter in this Act

referred to as "the competent court", for information which may be

registered in the Register in respect of any person who is employed

or holds any position with the same institution, establishment or

organisation whether such employment or position is against

payment or otherwise.

(2) Any relevant entity which, against payment or otherwise,

intends to employ any person or to entrust any person with a

position within the entity shall, before so employing or entrusting

such person, request the competent court for information which

may be registered in the Register in respect of that person.

(3) The relevant entity referred to in sub-articles (1) and (2)

shall be bound by the provisions of the Data Protection Act.

(4) Any such request shall be by application which shall be

served on the Attorney General who shall be allowed a period of

seven working days for a reply.

(5) The competent court may appoint a date for the hearing of

the application in order to determine whether the application should

be allowed and the date of the hearing shall be served on the

Attorney General who may take part in the hearing.

(6) If the competent court allows the application, it shall

identify the information which may be disclosed and shall order

that such information be communicated in writing to the applicant.

(7) The registrar of the Court shall keep a separate record of all

applications filed under this article.

(1) Any person who recruits, engages or employs a

registered person with a relevant entity or who assigns to a

registered person a position with such an entity shall be guilty of an

offence and shall on conviction be liable to the punishment of

imprisonment from three months to four years or to a fine (multa)

of not less than two thousand five hundred euro (€2,500) and not

more than fifty thousand euro (€50,000) or to both such fine and

imprisonment.

(2) Any person being a director, manager, secretary or other

similar officer of a relevant entity, as well as any other person who

may in any way be involved in the management of the relevant

entity, who becomes aware of the commission of a scheduled

offence which is committed in the relevant entity to which he

appertains and fails to report the fact to the Commissioner of Police

shall be guilty of an offence and shall on conviction be liable to the

same punishment laid down in sub-article (1) decreased by one

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degree.

(1) A person shall be subject to the notification

requirements under this Act for the period set out in article 7 ("the

notification period") if that person -

(a) is convicted of a scheduled offence

Provided that the Court may, if it deems it appropriate,

decide not to subject a person to the notification

requirements if, in its opinion, the case so merits;

(b) is found not guilty of such an offence by reason of

insanity;

(c) is convicted of an offence not listed in Schedule I but

the Court is of the opinion that the person convicted

constitutes a threat or a danger to the education, care,

custody, welfare or upbringing of minors and orders

the registration of that person in the Register.

(2) Where any court of first instance finds any person guilty of

a scheduled offence, that court shall order that the judgment shall,

upon becoming final, be notified to the Registrar. Where the court

is a court of appeal which delivers a judgment having the effect of

confirming or declaring a person guilty of an offence as aforesaid,

that court of appeal shall order that the judgment shall forthwith be

notified to the Registrar.

(3) A person for the time being subject to the notification

requirements under this Act is referred to in this Act as "a relevant

offender".

(1) The notification period for a person referred to in

article 6(1) is the period in the second column of Schedule II,

opposite the description that applies to that person.

(2) Where a person is under eighteen years of age on the

relevant date, sub-article (1) shall have effect as if for any

reference to a period referred to in Schedule II there were a

reference to one-half of any of the relevant period therein

mentioned.

(3) Where a relevant offender falling under article 6(1)(a) has

been sentenced to a term of imprisonment or detention and, before

the notification period in respect of that offence has expired, is

again subsequently convicted of a scheduled offence and sentenced

to a term of imprisonment or detention, sub-article (1) shall have

effect as if that offender had been sentenced to a period of

imprisonment or detention equal to the aggregate of the those

terms.

(4)

In this Act, "relevant date" means -

(a) in the case of a person under article 6(1)(a) and

6(1)(c), the date of the conviction;

(b) in the case of a person under article 6(1)(b), the date of

the finding.

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(1) A relevant offender shall, within the period of three

days beginning with the relevant date, notify to the Registrar the

information set out in sub-article (4).

(2) Sub-article (1) does not apply to a relevant offender in

respect of a conviction or finding under article 6(1) if -

(a) immediately before the conviction or finding he was

subject to the notification requirements under this Act

as a result of another conviction, finding or order of a

court (the "earlier event");

(b) at that time, he had made a notification under sub-

article (1) in respect of the earlier event; and

(c) throughout the period referred to in sub-article (1), he

remains subject to the notification requirements as a

result of the earlier event.

(3) Where a notification order is made in respect of a

conviction or finding, sub-article (1) shall not apply to the relevant

offender in respect of the conviction, or finding if -

(a) immediately before the order was made, he was

subject to the notification requirements under this Act

as a result of another conviction, finding or caution or

an order of a court ("the earlier event"),

(b) at that time, he had made a notification under sub-

article (1) in respect of the earlier event, and

(c) throughout the period referred to in sub-article (1), he

remains subject to the notification requirements as a

result of the earlier event.

(4)

The information referred to in sub-article (1) is -

(a) the relevant offender’s date of birth;

(b) his legally valid identification document or passport

number;

(c) his name on the relevant date and, where he used one

or more other names on that date, each of those names;

(d) his home address on the relevant date;

(e) his name on the date on which notification is given

and, where he used one or more other names on that

date, each of those names;

(f) his home address on the date on which notification is

given;

(g) the address of any other premises in Malta at which, at

the time the notification is given, he regularly resides

or stays.

(5) When determining the period for the purpose of sub-article

(1), there shall be disregarded any time when the relevant offender

(a) remanded in or committed to custody by an order of a

court;

(b) serving a sentence of imprisonment or detention;

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(c) detained in a hospital; or

(d) outside Malta.

(6) In this Act, "home address" means, in relation to any

person

(a) the address of his sole or main residence in Malta, or

(b) where he has no such residence, the address or location

of a place in Malta where he can regularly be found

and, if there is more than one such place, such one of

those places as the person may select.

(1) A relevant offender must, within the period of three

days beginning with -

(a) his using a name which has not been notified to the

Registrar under article 8(1) or this sub-article,

(b) any change of his home address,

(c) his having resided or stayed, for a qualifying period, at

any premises in Malta the address of which has not

been notified to the Registrar under article 8(1) or this

sub-article, or

(d) his release from custody pursuant to an order of a court

or from imprisonment or detention in a hospital,

notify to the police that name, the new home address, the address of

those premises or, as the case may be, the fact that he has been

released, and, in addition, the information set out in article 8(4).

(2) A notification under sub-article (1) may be given before the

name is used, the change of home address occurs or the qualifying

period ends, but in that case the relevant offender must also specify

the date when the event is expected to occur.

(3) If a notification is given in accordance with sub-article (2)

and the event to which it relates occurs more than two days before

the date specified, the notification does not affect the duty imposed

by sub-article (1).

(4) If a notification is given in accordance with sub-article (2)

and the event to which it relates has not occurred by the end of the

period of three days beginning with the date specified -

(a) the notification does not affect the duty imposed by

sub-article (1), and

(b) the relevant offender must, within the period of six

days beginning with the date specified, notify to the

police the fact that the event did not occur within the

period of three days beginning with the date specified.

(5) Article 8(5) applies to the determination of the period of

three days mentioned in sub-article (1) and the period of six days

mentioned in sub-article (4)(b), as it applies to the determination of

the period mentioned in article 8(1).

(6)

In this article, "qualifying period" means -

(a) a period of seven days, or

PROTECTION OF MINORS (REGISTRATION)

(b) two or more periods, in any period of twelve months,

which taken together amount to seven days.

(1) A relevant offender must, within the period of one year

after each event referred to in sub-article (2), notify to the Registrar

the information set out in article 8(4) unless within that period he

has given a notification under article 9(1).

(2)

The events to which reference is made in sub-article (1) are

(a) the commencement of this article, but only in the case

of a person who is a relevant offender from that

commencement;

(b) any notification given by the relevant offender under

articles 8(1) or 9(1); and

(c) any notification given by him under sub-article (1).

(3) Where the period referred to in sub-article (1) would, apart

from this sub-article, end whilst sub-article (4) applies to the

relevant offender, that period is to be treated as continuing until the

end of the period of three days beginning when sub-article (4) first

ceases to apply to the relevant offender.

(4) The provisions of this sub-article apply to the relevant

offender if he is -

(a) remanded in or committed to custody by an order of a

court,

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) outside Malta.

(1) The Minister may by regulations make provision

requiring relevant offenders who leave Malta, or any description of

such offenders -

(a) to give in accordance with the regulations, before they

leave, a notification under sub-article (2);

(b) if they subsequently return to Malta, to give in

accordance with the regulations a notification under

sub-article (3).

(2)

A notification under this sub-article must disclose -

(a) the date on which the offender will leave Malta;

(b) the country or, if there is more than one country, the

first country, to which he will travel and his point of

arrival, determined in accordance with the regulations,

in that country;

(c) any other information, prescribed by the regulations,

which the offender holds about his departure from or

return to Malta or his movements while outside Malta.

(3) A notification under this sub-article must disclose any

information prescribed by the regulations about the offender ’s

return to Malta.

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(4) Regulations made under sub-article (1) may make different

provision for different categories of person.

(1) A person shall be deemed to have given a notification

under articles 8(1), 9(1) or 10(1) by -

(a) attending at the Registry of the Civil Courts and

Tribunals as the Minister may by regulations

prescribe; and

(b) giving an oral notification to the official at the said

Registry authorised for the purpose by the Registrar.

(2) Any notification under this article must be acknowledged;

and an acknowledgment under this sub-article must be in writing,

and in such form as the Registrar may direct.

(1) The provisions of sub-article (2) apply to -

(a) a relevant offender under articles 6(1)(a) to (c) or 6(2);

(b) a subject person; or

(c) a respondent under sub-article (4).

(2) Where a person to whom this sub-article applies is under

eighteen years of age ("the young offender") -

(a) the court which deals with the relevant offender under

sub-article (1)(a), or

(b) the court which makes the order in respect of the

subject person under sub-article (1)(b), or

(c) the court which hears the application in respect of the

respondent under sub-article (1)(c),

may direct that sub-article (3) applies in respect of an individual

("the parent") having parental authority over the young offender.

(3)

Where this sub-article applies -

(a) the obligations that would, apart from this sub-article,

be imposed by or under articles 8 to 11 on the young

offender are to be treated instead as obligations on the

parent, and

(b) the parent must ensure that the young offender attends

at the Registry of the Civil Courts and Tribunals with

him, when a notification is being given.

(4) A direction under sub-article (1) shall take immediate effect

and shall apply -

(a) until the young offender attains the age of eighteen

years; or

(b) for such shorter period as the court may, at the time the

direction is given, direct.

(5) The Commissioner of Police may apply to the competent

court for a direction under sub-article (1) in respect of a relevant

offender ("the respondent") whom he reasonably believes to be

under eighteen years of age.

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(6) For the purposes of this article "subject person" means a

person who is the subject of a notification order or of an interim

notification order.

(1) A person mentioned in sub-article (2) may make an

application to the competent court for an order varying, renewing

or discharging a direction under article 13(2).

(2)

The persons referred to in sub-article (1) are

(a) the young offender;

(b) the parent;

(c) the Commissioner of Police.

(3) The application shall be served on the other persons, other

than the applicant, mentioned in sub-article (2) and the court, after

hearing the person making the application and (if they wish to be

heard) the other persons mentioned in sub-article (2), may make

any order, varying, renewing or discharging the direction, that the

court considers appropriate.

Whosoever -

(a) fails, without reasonable cause, to comply with articles

8(1), 9(1), 9(4)(b), 10(1), or 13(3)(b) or any

requirement imposed by regulations made under

article 11(1); or

(b) notifies to the police, in purported compliance with

articles 8(1), 9(1) or 10(1) or any requirement imposed

by regulations made under article 11(1), any

information which he knows to be false,

shall be guilty of an offence and shall be liable on conviction to the

punishment of imprisonment from three months to four years or to

a fine (multa) of not less than one hundred euro (€100) and not

more than one thousand euro (€1,000) or to both such fine and

imprisonment.

(1) The provisions of sub-article (2) apply where on any

date a person is -

(a) convicted of an offence listed in Schedule I;

(b) found not guilty of such an offence by reason of

insanity.

(2) If the court by or before which the person is so convicted or

found -

(a) states in open court -

(i) that on that date that person has been convicted

or found not guilty by reason of insanity, and

(ii) that the offence in question is an offence listed

in Schedule I, and

(b) certifies those facts, whether at the time or

subsequently,

the relevant certificate shall, for the purposes of this Act, be

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deemed to be sufficient evidence of those facts.

(1) The provisions of this article shall apply to a relevant

offender who is serving a sentence of imprisonment or is detained

in a hospital.

(2) The Minister may by regulations make provision requiring

notice to be given by the person who is responsible for that

offender to persons prescribed by the regulations, of any occasion

when the offender is released or a different person becomes

responsible for him.

(3) The regulations may make provision for determining who is

to be treated, for the purposes of this article, as responsible for an

(1) The Commissioner of Police may apply to the Court of

Magistrates for an order under this article (a "notification order") in

respect of a person ("the defendant") if -

(a) it appears to him that the three conditions referred to in

sub-articles (2), (3) and (4) are met with respect to the

defendant, and

(b) the defendant resides in Malta or the Commissioner of

Police believes that the defendant is in, or is intending

to come to, Malta.

(2)

The first condition is that under the law in force in a

country outside Malta

(a) the defendant has been convicted of a relevant offence,

whether or not he has been punished for it,

(b) a court exercising jurisdiction under that law has made

in respect of a relevant offence a finding equivalent to

a finding that the defendant is not guilty by reason of

insanity,

(c) such a court has made, in respect of a relevant offence,

a finding equivalent to a finding that the defendant is

under a disability and committed the act charged

against him in respect of the offence, or

(d) the defendant has been cautioned in respect of a

relevant offence.

(3)

The second condition is that

(a) the first condition is met because of a conviction,

finding or caution which occurred on or after the date

of the coming into force of this Act;

(b) the first condition is met because of a conviction or

finding which occurred before that date, but the person

was dealt with in respect of the offence or finding on

or after that date, or has yet to be dealt with in respect

of it; or

(c) the first condition is met because of a conviction or

finding which occurred before that date, but on that

date the person was, in respect of the offence or

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finding, subject under the law in force in the country

concerned to detention, supervision or any other

disposal equivalent to any of those mentioned in sub-

article (2).

(4) The third condition is that the period set out in article 8, as

modified by article 19(2) and (3), in respect of the relevant offence

has not expired.

(5) If on the application it is proved that the conditions referred

to in sub-articles (2) to (4) are met, the court shall make a

notification order.

(6) In this article and in article 19, "relevant offence" has the

meaning given by article 20.

(1) Where a notification order is made -

(a) the application of this Act to the defendant in respect

of the conviction, finding or caution to which the order

relates shall be subject to the modifications set out

below, and

(b) subject to those modifications, the defendant shall

become or, as the case may be, shall remain subject to

the notification requirements of this Act for the

notification period set out in article 8.

(2)

The "relevant date" means

(a) in the case of a person referred to in article 18(2)(a),

the date of the conviction;

(b) in the case of a person referred to in article 18(2)(b) or

(c), the date of the finding;

(c) in the case of a person referred to in article 18(2)(d),

the date of the caution.

(3)

In article 7 -

(a) references, except in Schedule II, to a person, or

relevant offender, within any provision of article 6 are

to be read and construed as references to the

defendant;

(b) references to an order of any description are to be read

and construed as references to any corresponding

disposal made in relation to the defendant in respect of

an offence or finding by reference to which the

notification order was made;

(c) the reference to offences listed in Schedule I is to be

read and construed as a reference to relevant offences.

(4) In articles 8 and 10, references to the commencement date

are to be read as references to the date of service of the notification

(1) "Relevant offence" in articles 18 and 19 means an act

(a) constituted an offence under the law in force in the

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country concerned, and

(b) would have constituted an offence listed in Schedule I,

other than the offence referred to in paragraph 6

thereof, if it had been committed in Malta.

(2) An act punishable under the law in force in a country

outside Malta constitutes an offence under that law for the purposes

of sub-article (1), howsoever it is described in that law.

(3)

Subject to sub-article (4), on an application for a

notification order, the condition in sub-article (1)(b) shall be taken

as met unless, not later than such period as may be provided by

Rules of Court made under this article, the defendant serves on the

applicant a notice -

(a) stating that, on the facts as alleged with respect to the

act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is

met.

(4) The court, if it thinks fit, may permit the defendant to

require the applicant to prove that the condition is met without

service of a notice under sub-article (3).

(1) The provisions of this article shall apply where an

application for a notification order ("the main application") has not

been determined.

(2) An application for an order under this article ("an interim

notification order") -

(a) may be made in the main application, or

(b) if the main application has been made, may be made

by the person who has made that application, by

another application to the court to which the main

application has been made.

(3) The court may, if it considers it appropriate to do so, make

an interim notification order.

(4)

An interim notification order -

(a) shall have effect only for a fixed period, specified in

the order;

(b) shall cease to have effect, if it has not already done so,

on the determination of the main application.

(5)

While an interim notification order has effect -

(a) the defendant shall be subject to the notification

requirements of this Act; and

(b) the provisions of this Act shall apply to the defendant,

subject to the modification set out in sub-article (6).

(6)

The "relevant date" means the date of service of the order.

(7) The applicant or the defendant may apply to the court

which made the interim notification order for the order to be varied,

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renewed or discharged.

A defendant may apply to the Criminal Court for the

revocation of a notification order or interim notification order.

(1) The Minister may by order amend the Schedules I or

II.

(2) Any amendment which falls within the provisions of sub-

article (3) shall not apply to convictions, findings and cautions

before the amendment takes effect.

(3) An amendment shall be deemed to fall within the

prohibition referred to in sub-article (2) if such amendment -

(a) adds an offence,

(b) removes a threshold relating to an offence, or

(c) changes a threshold in such a way as to cause an

offence committed by or against a person of a

particular age or in certain circumstances, or resulting

in a particular disposal, to be within a Schedule when

it would not otherwise be so included.

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