The Malta Independent 7 June 2024, Friday
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Criminal records: Revision is needed, but it will mean walking a tight-rope

Wednesday, 15 June 2016, 08:42 Last update: about 9 years ago

It is not often that it happens, but on Monday evening in parliament, the Government and the Opposition were in agreement. While politics in Malta can tend to be tarnished with aggression and venom, where people come in, the tone often softens and the more human side of our lawmakers comes out.

Both Prime Minister Joseph Muscat and PN deputy leader Beppe Fenech Adami – whom it seems there is no love lost between – spoke about the need to give people who have a criminal record a second chance in terms of job opportunities.

Speaking during a debate on conduct sheets, the two said that while people have to pay their dues to society, if they are reformed, then they should be considered for employment. It is indeed a tricky one.

Research has shown that 80 % of people seeking a job will lose it as soon as a prospective employer sees that they have a criminal record. One of the most important things in keeping a reformed offender on track to be fully rehabilitated is the opportunity of work, earning an honest day’s wage. If people have committed a stupid crime in their past, such as petty theft or silly things related to peer pressure dares, they really should not have such a thing hanging over their heads. The folly of youth also sees people experiment with drugs, or doing stupid things while they have had too much to drink. Again, should they be penalised?

Even if a person has stolen to feed their family, should they be excluded from finding work for life. Or what about a reformed drug addict who has since married, had children and stayed away from narcotics. Should they be prevented in finding work?

The human side tells us that no they should not be excluded and they should be given the opportunity. The economic arguments also hold water, an active society is a prosperous one, and having more people in work makes the wheels go round.

The arguments put forward suggest the removal of criminal records for petty crime, or silly crimes. In theory, yes they should be. But who decides? How long before a crime is wiped off your record? How long must you stay clean before your drug related crimes are removed from the sheet? These are all questions to be asked. And who, of course, would decide on such matters? Much like a parole board, a conduct board might be appointed to investigate and establish whether or not a person can be considered rehabilitated.

But what about employers? Should they not know that a person might have been untrustworthy in the past? Yes, they should. But does being caught with a joint, or stealing a key chain 20 years ago really count? Recedivism, or criminal relapse should definitely come into the mix. Only last week, a man was jailed after his boss gave him a second chance when he stole €90,000 . He was being docked wages to make up for it, and repaid his employer by stealing another €11,000. Surely, in such cases then yes, the record should remain.

It is a tightrope. There is no doubt that some form of reform to the law is needed – just as it was needed in terms of changing the law relating to simple drug possession. But equally, we must also protect society and we must also protect those who are putting their trust in others by employing them. 

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