Government is set to amend laws on the expungement of crimes related to simple possession of drugs from the conduct certificate.

During a conference titled 'Nagħtu t-Tieni Ċans' a consultation meeting was held with several stakeholders today, where government said that a reform would be giving a second chance to those who are experiencing difficulties in the system due to their criminal records.

Michael Zahra, a person who has been in and out of prison for 24 years, spoke about his experience during an interview at the conference, saying that he has found it difficult to find work due to his conduct certificate.

He continued that the system needs an intermediary establishment for prisoners who just got out of prison so that they can continue to gain trust and work to provide for themselves and their families.

Zahra said that employers should give these people a chance, and not immediately judge them for their criminal records if it was for a simple possession of drugs. He said that the Rehabilitation In Society Malta Foundation (RISe) has helped him greatly, as well as other ex-prisoners who were also given a second chance to work.

A panel discussion was held among the stakeholders involved with this reform, where they spoke about needing to reform and evolve the system, to cater better for those who have made mistakes in their past but have reformed themselves and proven that they have gotten better.

Anthropologist Rachael Scicluna said that when a person has made a mistake, especially when they were youths, it is not fair that this sticks with them in their criminal records for a long number of years.

She said that there needs to be a system which, if a person has been caught with a certain amount of recreational drugs, it should not reflect on their criminal records after a certain amount of years. This is also provided that the person in question proves that he has reformed himself and will not continue the cycle.

Scicluna said that if there is an addiction problem, there needs to be a pathway for the appropriate help, and not punish a person.

She said that an addiction should be seen from a medical disease model point of view, and adequate help should be given to these people. This would help persons who are more pre-disposed to addiction than others, as well as successfully rehabilitate the individual.

A person’s criminal records impedes them from finding a job and will further incentivize them to fall back into the cycle of crime, she said.

Lawyer Alex Scerri Herrera suggested that instead of taking 10 years for one’s criminal records to stop showing, an alternative could be that the number of years would be reduced.

“You have to see how you are going to give second chances, and not only the fact that you are giving it,” he said.

He said that the system needs to be accessible to everyone, and avoid branding people as less-than in society.

Panellist George Busuttil said that each employer will naturally ask for a conduct from the employee. Busuttil commented that a person could have a criminal record but me more trustworthy than one who does not have a criminal record, and these people should be given a chance.

Asked if the victim of a criminal offense should have a say on whether or not the crime should be recorded on an individual’s criminal record, he said that the court gives its condemnation.

He said that the input of stakeholders should help to find an alternative to the criminal record, saying that a reform is needed in the system. Busuttil said that this should not serve as an excuse to the crime, but there should be a balance and support should be given.

Chairperson of the RISe Foundation Charles Mifsud said that the criminal record is a consequence of a sentence given in court, which in turn becomes a sentence in society. He said that many are finding difficulties in finding a job after an employer looks at their criminal record.

Mifsud said that this could be creating more harm than good. He said that there needs to be a mechanism which encourages the person to reform themselves, by offering support and increasing human resources in foundations which help persons with drug addictions.

Mifsud said that the individual must work for their second chance, and it should be given.

Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg said that the theme of the conference should serve as a guide in our lives.

“Everyone has made mistakes before and despite the circumstances, if you’ve given your best to try and reform yourself, your criminal record should not dictate your whole life,” she said.

Buttigieg said that while government does not justify any criminal offenses, especially when a victim is involved, if the individual shows that they have changed, all the tools should be given so that they can rebuild their life.

“It is an unjust situation if one does not have equal access to opportunities in life for a mistake which was done in the past,” she said.

She mentioned the cannabis reform, which made the crime of possession of certain amounts of cannabis an administrative crime rather than a criminal one.

Buttigieg said that there had to be a radical change and through this public consultation, in the next few months, government will be proposing a change on simple possession of drugs.

Justice Minister Jonathan Attard said that there is a need to ensure that a reform is done which gives second chances.

“We have to show compassion and take action so things change. We have to acknowledge that we are all human and an opportunity should be given after a number of years for the criminal record to be revised on small possessions of drugs,” Attard said.

He said that other countries are making legislative changes in these circumstances, and Malta should follow suit.

“We must help these people so that impediments and difficulties in society are reduced,” Attard said

Attard also addressed a question from the floor about ex-prisoners finding it difficult to open bank accounts due to their conducts, saying that it is unacceptable that a simple bank account cannot be opened, and it is sending a message that the institutions are not helping these individuals.

Attard said that action will be taken to start a new page and seriously discuss these amendments.

Attard said that a public discussion will address the administrative legal amendments needed to ensure that second chances are truly given.