The Malta Independent 12 May 2021, Wednesday

Government launches public consultation on electronic monitoring

Tuesday, 4 May 2021, 18:22 Last update: about 6 days ago

The government has launched a public consultation on new legislation that provides for the use of electronic monitoring, Home Affairs Minister Byron Camilleri announced.

This legislation, the minister said, is proposed to be at the disposal for use in court judgements as al alternative means of punishment in crimes considered to be minor.

According to the bill, the Court shall be able to issue orders in respect of persons sentenced to an effective prison term of not more than one year, provided that the offence committed is not subject to a maximum punishment of two years imprisonment. The proposed law will allow also the provisions for individuals to retain their employment or attend courses in any national educational institutions, amongst other conditions as imposed by the Court.

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Aside from Court decrees, electronic monitoring would also be able to be issued according to the regulations for prison leave or those tied to the Parole Board.

A person convicted by the Court will not be eligible to benefit from an Electronic Monitoring Order if the offense in connection with: Domestic Violence; Gender-Based Violence; Cases where the individual is registered in the register in accordance with article 3 of the Act on registration for the protection of minors; An order for maintenance issued by the court or a contract that has not been adhered to; An order for access to children by the Court or a contract that has not been adhered to.

Camilleri said that the Court will have the discression to order, during the use of electronic monitoring, a number of conditions, including facilities for the person to be able to keep their job or continue an educational course.

The public consultation can be accessed here.

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