The long-awaited Restorative Justice Bill was published on 25 January. This Bill is part of a process that began with the publication of a White Paper on Restorative Justice back in February 2009, and a subsequent consultation exercise that has taken about six months.
There can be little doubt that this Bill, which seeks to introduce parole, to reform the remission system and to provide for victim support measures, will generate discussion both within Parliament as well as among the general public. In fact, it is proposing the introduction of major reforms within the Maltese criminal justice system that will practically complete the transition towards a fully rehabilitative, as opposed to a punitive, system.
Whereas such moves will be welcomed in some circles, others may express concerns relating to security, querying whether early release from prison on parole would create new or increased risks for the community. There are valid arguments on both sides of the fence, but any discussion on the reform of our criminal justice system must take into account several factors. At the end of the day, this is not a question of security versus reform. Ironically (some might say) measures such as parole may contribute towards enhanced security in the medium to long term.
It has often been said that one of the major challenges facing our criminal justice system is recidivism, or the high incidence of repeat offenders, even among the younger population within Corradino Correctional Facility. I am confident that no one will question the need to better address this problem, and this can be done only by way of educational and rehabilitative programmes, not only to free offenders from any dependencies and address their tendency towards criminal behaviour, but also to enable them to find suitable employment upon release.
A suitably administered and monitored parole system offers an incentive for personal reform in that it provides for early release from prison. Reforms within the Corradino Correctional Facility, in particular the upgrading of educational services, offer the required opportunities. The newly published Bill has also to be seen in the context of such reforms.
The Bill provides for eligibility for release on parole on completion of 33 per cent of the sentence in the case of offenders with a prison term of between one and two years, and on completion of 50 per cent in the case of offenders with a term of more than two years but not exceeding seven. It must be pointed out that eligibility for release does not imply a certainty of release, as the Parole Board (the body responsible for assessing and deciding on parole applications) will only grant parole to prisoners who have not only been well-behaved in prison, but who have also expressed regret at the harm caused by their actions and made meaningful efforts towards personal reform for their eventual sustainable reintegration in society.
The Parole Board – which, it should be noted, will be headed by a retired member of the judiciary – will not only be entitled to grant or refuse the issuing of a parole licence, but also to attach conditions to the licence, including an obligation to perform community service or a prohibition on visiting certain localities.
The Bill also provides for the reform of the remission system, a system currently regulated by subsidiary legislation under the Prisons Act. Despite the introduction of parole, the remission system will be retained, giving a further opportunity to those inmates who failed to avail themselves of parole. However, the Restorative Justice Bill provides for a thorough review of this system. A new Board will be responsible for deciding on the awarding of remission, forfeiture and the awarding back of remitted days forfeited. Moreover, the Bill stipulates that early release on remission may be subject to conditions, such as following rehabilitative or restorative programmes.
Restorative justice is about responding to wrongdoing while placing due emphasis on healing victims’ wounds. Therefore, the Bill proposes important steps with respect to victim support, by the setting up of a Victim Support Unit within the Probation Services. This unit will, among other functions, be expected to provide assistance to victims of crime in claiming compensation for injury and other damages sustained, as well as to manage the victim-offender mediation process.
Victim-offender mediation has already drawn the attention of the local press and among the public, as attested by online blogs. In this regard, it has to be pointed out that there is no obligation on the victim to take part in such a process, which is entirely voluntary. Indeed, victim-offender mediation cannot function unless both parties wish to reach an agreement. The Bill also features various safeguards, including the setting up of a victim-offender mediation committee to verify whether mediation is an appropriate approach in respect of individual cases.
Victim-offender mediation should not only prove beneficial to the victim, but also to the offender, in that it facilitates reform by urging the admittance of mistakes, prompting the offender to apologise and pay compensation to the victim and to the state. These are clearly important steps towards reform, thereby enabling the offender to become a law-abiding citizen.
Therefore the Bill, whilst proposing measures that may benefit inmates at the correctional facility, does not do so to the detriment of public security or victim protection. On the contrary, the Bill also features proposals to enhance both these aspects, making considerable headway in the area of victim protection. The measures being proposed certainly constitute a significant improvement over the remission system currently being implemented, be it from the point of view of offenders, victims or society at large. The various provisions of the Bill clearly offer new opportunities, and whereas such provisions remain subject to discussion, and possibly modification, I believe that we should not miss this opportunity to further reform our criminal justice system.
www.francodebono.info
Dr Debono is a Nationalist member
of Parliament, parliamentary assistant
in the Office of the Prime Minister
and a criminal lawyer by profession