Prisons (Amendment No. 2) Regulations, 2021

L.N. 475 of 2021

PRISONS ACT

(CAP. 260)

Prisons (Amendment No. 2) Regulations, 2021

IN EXERCISE of the powers conferred by article 6 of the Prisons

Act, the Minister for Home Affairs, National Security and Law

Enforcement has made the following regulations:-

The title of these regulations is the Prisons (Amendment

No. 2) Regulations, 2021 and these regulations shall be read and

construed as one with the Prisons Regulations, hereinafter referred to

as "the principal regulations".

Regulation 104A of the principal regulations shall be

amended as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1)

The Board shall consist of

(a) a Chairperson;

(b) at least six (6) other members to be

appointed by the President of Malta, from

amongst persons who are experienced in the

criminal justice or social science field including

members of non-governmental organisations; and

(c) the Commissioner for Inmates Welfare

and Development."; and

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) The Commissioner for Inmates Welfare and

Development shall maintain constant monitoring of the

way in which the psychosocial and rehabilitative field of

the prison is being conducted. The Commissioner shall

report to the Board as necessary.".

Regulation 107 of the principal regulations shall be

substituted by the following new regulation

"107. It shall also be the duty of the Board to hear and

decide, in line with regulation 108, on any complaints or issues

relating to conditions of detention brought to its attention during

the course of visits or inspections.".

Regulation 108 of the principal regulations shall be Substitutes

regulation 108

substituted by the following new regulation

of the principal

regulations.

108. (1) The recommendations of the Board

shall be taken by a majority of the members present and

voting. In the case of an equality of votes the

Chairperson shall have a casting vote in addition to his

original vote.

(2) Each recommendation of this Board shall be

reported to the Director who shall have three (3)

working days to communicate whether it is possible to

implement such recommendation.

(3) Should the Director be in agreement with

the recommendation, the Director shall implement the

recommendation within fifteen (15) days or else within

a time period as agreed upon between the Director and

the Board.

(4) In the eventuality that the Director is not in

agreement with the recommendation, the Director shall

have three (3) working days to inform the Board with

valid reasons why such decision was taken.

(5) When the Board receives such a refusal it

shall not later than ten (10) days from the receipt of

such refusal hold a meeting to reconsider the request.

The decision of the Board shall be final and shall be

implemented as indicated in sub-regulation (1).

(6) The Board shall also decide on complaints

and requests made by prisoners relating to the

conditions of their detention within two (2) months

from the date on which they received the request or

complaint and after consulting the Director in respect of

the said claims and complaints.".

Sub-regulation (1) of regulation 116 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

of the principal

regulations.

"(1) The Board shall send an annual report to the Minister

and it shall be laid on the table of the House within one (1)

month.".

€0.27