ELECTRONIC MONITORING ACT

CHAPTER 651

ELECTRONIC MONITORING ACT

AN ACT to establish an electronic monitoring system for sentenced

persons with a view to monitoring the movements of a person subject to the

electronic monitoring order by means of a secure electronic device and to

provide for matters connected therewith or ancillary thereto.

19th January, 2026

ACT XXIV of 2025.

The short title of this Act is the Electronic Monitoring Act.

(article 3)

Electronic Monitoring Order Signature Form and Conditions

Date: Today, the

Order

made

by

________________________________________as Issuing Authority.

An electronic monitoring order is hereby issued in respect of

……………. (name and surname), ……………. (ID No./Passport No./

Residence Permit No.), hereinafter referred to as the person concerned.

The person concerned hereby consents and agrees to this order and

undertakes to abide by the Laws of Malta, the provisions of the

Electronic Monitoring Act, and conditions relevant to the order and to

the following conditions

That he shall be residing at ________________________

That he shall be allowed to attend work/study at ______________

That he retires at indicated residence by not later than _______pm

and that he does not leave the said residence before__________am.

That he shall not confine in the localities of ______________

That he does not leave the Maltese Islands without prior consent of

the Issuing Authority.

The person concerned also understands, consents and agrees in this

regard, that he is required to carry out equipment maintenance tasks in

accordance with article 9 of the Electronic Monitoring Act.

The person concerned understands that he may be detained or lose

the benefits incurred as a result of this order in the event of a suspected

breach of conditions, until such time as a decision is taken on the case

in accordance with applicable legislation.

Signed

Issuing Authority

Person Concerned

In this Act, unless the context otherwise requires

"Act" means the Electronic Monitoring Act;

"breach" and "suspected breach" mean any act that

contravenes or may contravene the conditions that may be

prescribed in the electronic monitoring order, including but not

limited to

(a)

restrictions of access or a prohibition for

the person concerned to enter any premises identified in

the order; and

(b)

restrictions on the movement of the person

concerned, including movement at prescribed times of

the day

Provided that failure on the part of the

person concerned to respond or contact the responsible

authority shall also constitute a "breach" or "suspected

breach";

ELECTRONIC MONITORING

"Commissioner" means the Information and Data

Protection Commissioner established under article 11 of the

Data Protection Act;

"contracting party" means any public entity, private

entity, or both, which the responsible authority considers is

capable of performing the function entrusted to it by way of

delegation from the responsible authority;

"Court" means the Court of Magistrates in its

jurisdiction as a Court of Criminal Judicature or Court of

Criminal Inquiry, the Criminal Court and the Court of Criminal

Appeal;

"electronic monitoring equipment" means any

equipment, worn or otherwise, by means of which the

movements of a person concerned are monitored for the

purposes of the Act;

"electronic monitoring order" means the order issued by

the Court, Parole Board or Correctional Services Agency

prescribing the monitoring of the movements of a person

concerned by means of a secure electronic device, as

established in Schedule I;

"electronic monitoring system" means the system

whereby the movements of persons required to wear or carry

electronic monitoring equipment for the purposes of the Act are

tracked on a twenty-four (24) hour basis from a control room;

"issuing authority" means the authority which is

responsible for issuing an electronic monitoring order;

"Minister" means the Minister responsible for home

affairs;

"Parole Board" means the Board established under

article 8 of the Restorative Justice Act;

"person concerned" means a person who has been issued

with an electronic monitoring order under articles 4, 5, 6 or 7;

"Police" means the Malta Police Force as established

under article 3 of the Police Act;

"responsible authority" means the Local Enforcement

System Agency established by article 3 of the Local

Enforcement System (Establishment as an Agency) Order

Provided that the responsible authority may

delegate some or all of its functions to a contracting party, or

enter into a partnership with a contracting party to perform

some or all of its functions;

"tampers" means any act that interferes with or is

capable of interfering with the proper functioning of the

electronic monitoring equipment or which disrupts, or is

capable of disrupting, the transmission of the monitoring

tracking signal of the electronic monitoring equipment.

(article 4 (2))

Electronic Monitoring Order Form – Order in terms of 382A, 383,

412C and 540A of the Criminal Code.

Date: Today, the

Order made by ________________________________________as

Issuing Authority.

An electronic monitoring order is hereby issued in respect of

……………. (name and surname), ……………. (ID No./ Passport

No./Residence Permit No.), hereinafter referred to as the person

concerned.

The electronic monitoring order is being made in conjunction with

an order in terms of 382A, 383, 412C and 540A of the Criminal Code,

annexed with this form and marked __________.

The person concerned also understands and agrees in this regard,

that he is required to carry out equipment maintenance tasks in

accordance with article 9 of the Electronic Monitoring Act.

The person concerned understands that he may be detained or lose

the benefits incurred as a result of this order in the event of a suspected

breach of conditions, until such time as a decision is taken on the case

in terms of applicable legislation.

Signed

Issuing Authority

Person Concerned

ELECTRONIC MONITORING

(1)

An electronic monitoring order may be issued by a

Court following a judgment or by the Correctional Services Agency

according to the Prisons Regulations or by the Parole Board

Provided that an electronic monitoring order shall only be

issued if the person concerned gives his consent and signs the form

prescribed under Schedule I.

(2)

Wherever the person concerned breaches any of the

conditions imposed in the electronic monitoring order, the electronic

monitoring order may be reviewed or withdrawn by the issuing

authority according to the gravity of the breach

Provided that although the conditions relating to an electronic

monitoring order are listed in Schedule I, when the Court issues such

electronic monitoring order, the Court may vary the conditions listed in

Schedule I as it may deem appropriate in the circumstances.

(first proviso to article 4)

Legislation

Chapter or S.L

Provision/

Description

Criminal Code

article 338(z)

Criminal Code

article 338(ll)

Criminal Code and

Cap. 9 and Cap. 581

Any offence that

Gender-based

falls

under

the

Violence and

definition of article 2

Domestic Violence

of Cap. 581 and any

offence committed

against the persons

listed

in

article

202(h) and (i) of

Protection of Minors

Any person whose

(Registration) Act

name is registered in

the Register

established in

accordance with

article 3 of Cap. 518.

(1)

An electronic monitoring order may be issued by a

Court to a concerned person who was sentenced for not more than one

(1) year of imprisonment

Provided that such order shall not apply where the person

concerned is found guilty of an offence which is liable to more than

two (2) years of imprisonment, or is an offence or circumstance listed

in Schedule III

Provided further that the electronic monitoring order shall,

following the consent and signature of the form established in

Schedule I, suspend the person concerned from being confined in

prison.

(2)

An electronic monitoring order may also be issued by a

Court to a person concerned when such person has been issued with an

order in terms of articles 382A, 383, 412C and 540A of the Criminal

Code. This shall be for the period imposed by the Court for the order

issued in terms of articles 382A, 383, 412C and 540A of the Criminal

Code

Provided that the consent of the person concerned shall not

be required for an electronic monitoring order issued in conjunction

with an order in terms of 382A, 383, 412C and 540A of the Criminal

Code as provided in Schedule II

ELECTRONIC MONITORING

Provided further that where a protection order is issued in

favour of a victim in accordance with articles 412C or 540A of the

Criminal Code, or where the provisions of articles 382A and 383 of the

said Code apply, the victim may, subject to his consent, be electronically

monitored for his protection.

(3)

When an electronic monitoring order is issued by the Court,

the Court may appoint experts for the purpose of determining and

specifying the parameters of such order.

(article 13)

Data stored in the Electronic Monitoring System

(a)

name and surname;

(b)

identity card number, residence permit number, or

passport number or other identification document number;

(c)

residential address (where applicable);

(d)

issuing authority;

(e)

duration of the order;

(f)

conditions to be observed (e.g. curfew, premises

that may not be approached by person concerned); and

(g)

location data

Provided that instead of the information in

paragraphs (a), (b) and (c), the responsible authority may enter

a unique identification number.

ELECTRONIC MONITORING

An electronic monitoring order may be issued by the Chief

Executive Officer of the Correctional Services Agency in respect of

any prisoner who is granted prison leave in accordance with regulation

61 of the Prisons Regulations

Provided that the electronic monitoring order may be

revoked by the Chief Executive Officer of the Correctional Services

Agency in respect of prisoners if he deems it appropriate in the

circumstances.

An electronic monitoring order may be issued by the Parole

Board in respect of a prisoner who is granted parole in accordance

with the Restorative Justice Act.

(1)

The responsible authority shall procure and maintain

electronic monitoring equipment and shall be responsible for

(a)

ensuring a secure system of electronic

monitoring, whereby unauthorised persons cannot access data;

(b)

monitoring the person concerned and make

immediate contact with that person in accordance with

prescribed regulations;

(c)

retrieving and analysing information, in case it is

suspected that the person concerned has breached monitoring

conditions, in which case it shall act in accordance with the

provisions of this Act, and provide information to the issuing

authority;

(d)

retrieving information, on a Police request,

whenever the person concerned is subject to a criminal

investigation; and

(e)

reporting any suspected breach of the electronic

monitoring order in accordance with this Act.

(2)

The responsible authority shall install electronic monitoring

equipment and secure any electronic tags to be worn by the person

concerned as necessary, while ensuring that electronic tags do not

cause physical pain or distress.

(3)

The responsible authority may conduct unexpected visits to

the place of residence or any place of work or any other premises

where the person concerned is to perform any community work or

other activity, in order to

(a)

inspect the tag and, or any other equipment

relating to electronic monitoring;

(b)

carry out maintenance of the said equipment;

(c)

verify that the conditions associated with the

electronic monitoring order are being observed by the person

concerned; or

(d)

for any other purpose related to the electronic

monitoring order.

Notwithstanding the provisions of any other law, the person

concerned may be arrested by the Executive Police without a warrant by

the Magistrate, taken back to prison by the Correctional Services

Officials or by the Executive Police in accordance with any regulations

made under this Act.

(1)

The person concerned shall comply with any order

relating to the maintenance of electronic monitoring equipment, in

accordance with the instructions issued by the responsible authority.

(2)

The person concerned shall inform the responsible authority

should he know or suspect that the electronic equipment is faulty.

(1)

Any unauthorised person, including the person

concerned, who attempts to or knowingly or deliberately tampers with

or removes the electronic monitoring equipment device shall be guilty

of an offence and shall be liable, on conviction, to imprisonment of

not less than six (6) months and not more than two (2) years or a fine

(multa) of not less than eight hundred euro (€800) and not more than

five thousand euro (€5,000) or to both such fine and imprisonment

Provided that it shall be a defence for a person brought

before the Court for the removal of the said electronic monitoring

equipment to prove to the satisfaction of the Court that the electronic

monitoring equipment was removed in a situation of emergency.

(2)

Any person who acts in contravention of any provision of

this Act in respect of which an offence is not established under any

other article of this Act shall be guilty of an offence and shall be liable

to imprisonment of not more than six (6) months, or to a fine (multa)

of not less than two hundred fifty euro (€250) and not more than seven

hundred euro (€700), or to both such fine and imprisonment.

The Minister may make regulations to give better effect to

any of the provisions of this Act and for the better performance of any

ELECTRONIC MONITORING

of the provisions of this Act and, without prejudice to the generality of

the foregoing, may by such regulations

(a)

set out procedures in relation to the electronic

monitoring of persons issued with an electronic monitoring

order;

(b)

prescribe further conditions pertaining to persons

in respect of whom an electronic monitoring order has been

issued;

(c)

provide for the voluntary electronic monitoring in

accordance with the provisions of articles 4, 5 and 6;

(d)

amend the Schedules as required.

PART II

Electronic Monitoring Regulator

(1)

The President shall, acting on the advice of Cabinet

of Ministers, appoint an Electronic Monitoring Regulator, who may be

(a)

a retired member of the judiciary; or

(b)

a retired Attorney General; or

(c)

a retired Public Service employee, who served

either as a Permanent Secretary or a Director General, or

equivalent, for a minimum of three (3) years.

(2)

The Regulator shall be appointed for a period of three (3)

years and shall be eligible for reappointment. The Regulator shall hold

office until his successor is appointed.

(3)

The Regulator may only be removed from office by the

President acting on the advice of the Cabinet of Ministers on the

grounds of proved inability to perform the functions of the office of

the Regulator or proved misbehaviour.

(4)

The Regulator shall oversee the implementation of the

provisions of this Act and its regulations by the responsible authority.

The Regulator may carry out inspections, including unannounced

inspections, at any premises accessible to the responsible authority, as

well as the control room and any other facility operated by the

responsible authority in terms of this Act.

(5)

The Regulator shall submit to the Minister, by the end of

June of the foll owing calen dar year, a yearly report o n t he

implementation of the provisions of this Act by the responsible

authority, which report shall also include, where necessary,

recommendations for improvement, which recommendations may be

legislative or operational. The report shall be tabled in Parliament by

the Minister.

PART III

Data Protection

(1)

Nothing in this Act or any other regulations issued

thereunder shall prejudice the applicability of the Data Protection

(Processing of Personal Data by Competent Authorities for the

purposes of the prevention, investigation, detection or prosecution of

criminal offences or the execution of criminal penalties) Regulations

and the fundamental rights and freedoms of the data subjects.

(2)

Where the responsible authority in its capacity of data

controller processes personal data of the persons concerned, it shall

comply with the principles relating to the processing of personal data

pursuant to regulation 4 of the Data Protection (Processing of Personal

Data by Competent Authorities for the Purposes of the Prevention,

Investigation, Detection or Prosecution of Criminal Offences or the

Execution of Criminal Penalties) Regulations. The Electronic

Monitoring System shall store the data indicated in Schedule IV.

(3) The controller, taking into account the nature, scope, context

and purposes of processing as well as the risks of varying likelihood

and severity for the rights and freedoms of the persons concerned, both

at the time of the determination of the means for processing and at the

time of the processing itself, shall implement appropriate technical and

organisational measures, in an effective manner and to integrate the

necessary safeguards into the processing, in order to protect the rights

of the persons concerned .

(4)

Where processing is to be carried out by the processor on

behalf of the controller, the controller shall only use processors

providing sufficient guarantees to implement appropriate technical and

organisational measures pursuant to sub-article (3).

(5)

The data protection officer appointed by the controller shall

be consulted in a timely manner prior to the implementation of the

electronic monitoring system and at the time of the processing

operations.

(6)

The controller shall ensure that a data protection impact

assessment is carried out prior to the implementation of the electronic

monitoring system.

(7)

The controller shall maintain documentation relating to the

processing system, including users and system logs, which shall be

made available, upon request to the Commissioner.

All the personal data processed for the purpose of this Act

and the regulations issued thereunder, shall be retained for a period of

one (1) year from the date of termination of the electronic monitoring

order.

ELECTRONIC MONITORING

(1)

The responsible authority shall ensure that the

physical and, or electronic access to the electronic monitoring system

is strictly granted to personnel authorised by the Chief Executive

Officer based on a role access control mechanism.

(2)

The responsible authority shall make the necessary

arrangements to enable the Police in the exercise of their duties, to

access the information contained in the electronic monitoring system

for the purposes of the prevention, investigation, detection and

prosecution of criminal offences.

(3)

Any access to and use of the electronic monitoring system

shall be recorded by means of an audit trail system.