The government is forging ahead with new legislation which will see the introduction of the possibility of electronic tagging for prisoners in select circumstances, Home Affairs Minister Byron Camilleri announced on Thursday.

Addressing a press conference, Camilleri explained that they had built on an initial White Paper which was published last May and opened for consultation to come up with a bill which will be presented in Parliament once it reconvenes.

Electronic tagging will, under the new rules, come into play in three select scenarios: when it is ordered by the court as a punishment; in cases of parole on probation; and for use in granting prison leave.

In the case of the former, electronic tagging is there to provide an “alternative punishment” to imprisonment where there are minor cases.

Tagging will apply in cases where a prison sentence of not more than a year is handed down for a crime where the maximum sentence which can be handed down does not exceed two years.

However, electronic tagging will not an option in cases of domestic violence, gender-based violence, cases where the individual is registered on under Article 3 of the Protection of Minors Act, where an order of maintenance issued by the court or a contract that has not been adhered to, and where an order for access to children by the court or a contract that has not been adhered to.

In the case of electronic tagging being ordered by the courts, the person can serve their sentence at home or at any other place agreed upon by the courts and they can also attend any educational institution or workplace so that they can continue to be rehabilitated after their crime.

Crimes which could fall under the bracket of being punishable by electronic tagging are offence such as driving without a licence, failure to pay certain taxes, or fights which result in light injuries.

In such cases, the individual who will be tagged must agree to the sentence in order for the tagging system to be used.

Electronic tagging can also be used in order to enforce measures such as restraining orders or protection orders, in which case the consent of the person who will be tagged is not needed.

The tagging system will be administered by the Correctional Services Agency who will man and maintain a control room. 

A regulator who is either a retired Attorney General, a retired member of the judiciary, or a retired high-ranking public service official will be appointed to oversee the implementation of the system and will draft an annual report on how it is working and how it can be improved which will be sent to the ministry.

Where people are caught trying to interfere with the electronic tag, that will be considered as a crime in and of itself.

In cases where the person who is tagged cannot be contacted or traced by the competent authority or where it is suspected that the person is breaking certain conditions imposed upon him or her, that individual can be arrested without the need for a warrant from the magistrate.

Minister Byron Camilleri said that that the system is set out to achieve two goals: giving peace of mind to the community and to victims of criminality, and trying to find a way so that people who made mistakes in their lives can be rehabilitated.

“We tried to make sure that the deterrent for significant crimes remains there, but then we wanted to implement changes which mean that people who committed minor crimes can rehabilitate themselves more easily,” he said.

Legal consultant Dustin Camilleri also gave a breakdown of how the new system will work, noting that the new laws are also in conformity with data protection laws.