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Maltese Laws |
PROBATION ACT
To provide for the Probation of Offenders, Community Service Orders and Combination Orders.
10th March, 2003
1st June, 2003
ACT VII of 2002, as amended by Act XXIII of 2002, Legal Notice 426 of
2007 and Act VI of 2010.
"combination order" has the meaning assigned to it by article 18; "community sanction" means a probation order,
a community
service order or a combination order as specified in this Act;
"co mmu ni ty ser v i c e of fi cer " is a p r o b a tio n of f i cer w h o supervises community service orders;
"community service order" has the meaning assigned to it by article 11;
"competent authority" means the competent authority of Malta established under article 26;
"convicted of an offence" includes convictions by the Court of Criminal Appeal and the af firmatio n by the said court
of a conviction by the court of first instance or of a finding of guilt by a jury;
"Department" means the Department of Probation Services; "Director" means the Director of Probation Services;
"exec u ting S t ate" means the Member S t ate in which the com m unity sanctions are supervised following a decision
in accordance with Article 8 of the Coun cil Fram ewor k Decis i on
2008/947/JHA of 27 No vember 2 008 as amended b y Council
Framework Decision 2009/299/JHA of 26 February 2009;
"Framework Decision" means Counc i l Framework Dec i s i on
2008/947/JHA o f 27 Nov e m b er 2008 as amended by Counci l
Framework Decision 2009/299/JHA of 26 February 2009 on the
application of the principal of mutual recognition to judgments and probation decisions with a view to the supervision of probation
measures and alternative sanctions;
"institution" means an institution approved by the Minister;
"issuing State" means the Member State in which the judgment is delivered;
"M inister" means the Minister resp onsible for the probation services;
"pre-sentencing report" means a written report prepared by the
Short title.
Interpretation. Amended by: VI. 2001.2.
Duties of Director of Probation Services.
Amended by: VI. 2001.3.
Department at the request of the court prior to the imposition of sentence;
"probation officer" means a person appointed to be a probation officer under this Act;
"probation order" has the meaning assigned to it by article 7;
"probation period" means the period for which a probationer is placed, under supervision by a probation order, under a community
service order or a combination order;
"probationer" means a person for the time being sentenced by virtue of a probation order, a communit y service order or
a combination order.
(2) It shall be the duty of the Director of Probation Services - (a) to manage and direct the Department and to organise
and supervise the probation services;
(b) to direct probation officers on their work;
(c) to give direction on record keeping and time management;
(d) to supervise probation officers and periodically receive verbal or written reports on probationers from the probation
officers;
(e) to keep a register of each person sentenced to a community sanction;
(f) to keep a register of pre-sentencing reports requested by courts;
(g) to decide whether a probationer is to be arraigned in Court following a breach of any condition of a community sanction;
and
(h) to assign probation officers to probationers, to supervise provisional orders of supervision and to prepare
pre-sentencing reports in accordance with this Act.
(3) The Director may delegate any of the above duties to a senior member of staff.
Appointment of probation officers.
Supervisory Board. 5. (1) There shall be a Supervisory Board consisting of a
Chairman and two other members to be appointed by the Minister.
(2) The duties of the Board shall be to review the performance of the probation services under this Act and suggest improvements,
and to mon itor th e admi nistrat i on of discipli ne in com m un ity
sanctions.
(3) The Board shall submit a yearly report to the Ministry responsible for the probation services on the functioning of
the probation services by the Department. The Minister shall send a copy of the report to the Standing Committee for Social Affairs
of the House of Representatives.
(4) The members of the Board shall hold office for such period as the Minister may establish in their appointment, and shall be
re- eligible for appointment after the end of their term of office.
(5) The Board shall have access to all records of the Department and subject to any direction by the Minister,
shall regulate its own procedures.
(a) a probation order; or
(b) a suspended sentence supervision order:
Provided that, except in the case of summary proceedings for offences under the jurisdiction of the Court of Magistrates as a court
of criminal judicature under article 370(1) of the Criminal Code, the Court shall always commission a pre-sentencing report before dealing with an offender under eighteen years of age who has committed
an offence punishable by imprisonment, or before ordering a community service order or a combination order.
(2) It shall be the duty of a probation officer assigned to prepare the pre-sentencing report to inquire, in accordance
with any direction of the court, into the personal and social circumstances of the offender with a view to assisting the court in
determining the most suitable method of dealing with the case.
(3) Where a person has been convicted of an offence and the court is of opinion that information ought to be obtained about the
circum stances or home surroundings of the accused before the method of dealing with the offender is determined, the court shall,
notwithstanding anything contained in the Criminal Code, adjourn the case to enable the compilation of the pre-sentencing report by the Department.
(4) The provisions of the foregoing subarticles shall apply mutatis mutandis, to proceedings before the Criminal Court or the Court of Criminal Appeal.
(5) Where a pre-sentencing report is made to any court, a copy of th e rep o rt sh al l be g i ve n b y t he C o urt t o t h e
offen d er o r hi s advocate or legal procurator and the prosecution:
Provided that if the offender is under sixteen years of age and is not represented by an advocate or legal procurator, a copy of the
report need not be communicated to him but shall be referred to his parent or guardian.
Pre-sentencing reports.
Cap. 9.
(6) Except in so far as it is cited in the judgement, a pre- sentencing report shall be considered as a confidential document. No information contained therein may be communicated in any form to third parties without the consent of the accused or th e court. The probation of ficer sha ll have a right of access at reasonable times to the acts of the criminal proceedings, including documents contained therein.
Probation order.
Amended by:
VI. 2001.4.
(2) Any order made in accordance with subarticle (1) shall only be made if:
(a) the offender is convicted of an offence, not being an offence punishable only with a fine (multa or ammenda), and not being an offence which apart from any increase of punishment in view of continuity or of previous convictions, which
is punishable with imprisonment for a term not exceeding seven years; and
(b) the court is satisfied that the supervision of the offender by a probation officer is desirable in the interest
of securing the rehabilitation of the offender and, or protecting the public from harm from the offender or preventing
the commission of further offences; and
(c) having regard to the circumstances of the case, including the nature of the offence and the character of the offender,
the issue of such order is appropriate:
Provided that where in the opinion of the court circumstances, which are to be clearly stated in the order, exist
that merit the placing of the offender under a probation order in the case of an offence which, apart from any increase of punishment
in view of con tinuity o r of previ ous conviction, is puni shable with imprisonment for a term exceeding seven years but not ten
years, the court may make a probation order:
Provided further that where a probation order which has been made is of a period of less than one year, that order shall be deemed
to be of one year:
Provided further that the Court may, if it deems it to be in the best interest of the person accused, issue a provisional order of
supervision of the accused by a probation officer, even during any criminal proceedings, under such conditions as the Court may deem
fit.
(3) Without prejudice to the provisions of the following subarticles of this article, a probation order may in addition
require the of fender to comply during the whol e or any part of th e probation period with such requirements as the court, having
regard
to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition
by the of fe nder of the same of fe nce or the commis s ion of other offences, and the court may also give to the probation officer
such directions as it may deem necessary for securing these purposes.
(4) A probation order may include requirements relating to the residence of the offender:
Provided that -
(a) before making an order containing any such requirements, the court shall consider the home surroundings
of the offender; and
(b) where the order contains any such requirements, the place at which the probationer is to reside thereat shall be specified in
the order. If the probationer is required to reside in an institution, the period for which the offender is required to reside
shall not extend beyond twelve months from the date of the order.
(5) Without prejudice to the generality of subarticle (2), where in the opinion of the court the mental condition of the offender
is such as requires and as may be susceptible to treatment, but not such as to justify other measures or procedures, or where the
court is satisfied that -
(a) the offender is a drug addict; and
(b) that proper arrangements have been or can be made for treatment,
a probation order may include a requirement that the offender shall submit to treatment not exceeding the length of the order by or
under the directions of a suitably qualified person with a view to the improvement of the offender ’s mental condition or with
a view to freeing the offender from drug addiction.
The treatment may be of any of the following kinds:
(c) treatment as a non-resident patient in a hospital or other appropriate agency or institution;
(d) treatment as a resident patient in a hospital or other appropriate agency or institution; or
(e) treatment by or under the direction of a suitably qualified person as may be specified in the order.
In any such case an amendment of the order under article 10 may also be made on an application made by a suitably qualified person,
in conjunction with the probation officer responsible for the treatment of the offender.
(6) Where the court deems that such an order may help in the rehabilitation of the offender, it may include as a condition in the
probation order, an order that for a period not exceeding six weeks the probationer shall, when not required to be out to work or
study, present himself and remain at such residential institutions as may be approved by the Minister for the purpose, provided that
such requirement may be restricted by the court to Saturdays and public
Duties of probation officer.
Saturdays and public holidays.
(7) Before making a probation order, the court shall explain to the offender, in ordinary language, the effect of the order including
any additional requirements proposed to be inserted therein under subarticle (3), subarticle (4), subarticle (5) or subarticle (6),
and that if the offender fails to comply therewith or commits another offence, the offender will be liable to be sentenced for the
original offence. If the offender is not less than fourteen years of age, the co urt sh all no t make the o r der un less t h e
of fender exp r esses willingness to comply with the requirements thereof.
(8) The court by which a probation order is made shall order that copies of the order be served forthwith on the probationer and
the Director who shall assign a probation officer to be responsible for the supervision of the probationer, and to the person in
charge of any institution or hospital or other place in which the probationer is required by the order to reside. If the probationer
is a minor, a copy of the probation order shall also be furnished to the parent or person charged with the upbringing of the probationer,
if any.
(a) to advise and assist the probationer;
(b) to visit and receive reports from the probationer and other professionals involved in the case, at such reasonable intervals
as may be specified in the probation order, or, subject thereto, as the Director may think fit;
(c) to plan, monitor, and assist the probationer in fulfilling the conditions of the probation order;
(d) to secure the compliance of the offender to any community sanction;
(e) to arouse consciousness of the probationer to the harm caused to the victim of crime and society;
(f) to report to the court verbally or in writing, at least once every six months, as to the progress of the probation;
(g) where necessary, to assist the probationer in furthering appropriate social and educational endeavors;
(h) where necessary, to assist the offender in finding suitable employment;
(i) to keep detailed records on each person under his care who has been sentenced to a community sanction;
(j) to provide verbal or written reports on the progress made by the probationers to the Director; and
(k) to act in accordance with the instructions of the Director when a probationer is to be arraigned in court after a breach
of the conditions of a community sanction.
(2) It shall also be the duty of a probation officer to inquire, in accordance with any directions of the court, into the circumstances
or home surroundings of any probationer with a view to assisting the court in determining the most suitable method of dealing with
the case.
Provided that more than one probation officer may be assigned to the same probationer, each dealing with a particular aspect
of the case as the Director may determine.
(2) The Director, where the circumstances permit, shall assign a probation officer experienced in dealing with children or young
persons to supervise an offender who is under the age of sixteen years.
Selection of probation officers.
(2) The court by which the probation order was made may, upon application made on a report from the probation officer
or upon application made by the Director or by the probationer, by order am end a probation order b y cancellin g any of
t h e requirements thereof or by inserting therein, either in addition to or in substitution for any such requirement, any requirement
which could be included in the order if it were then being made by that court in accordance with the provisions of article 7:
Provided that -
(a) the court shall not amend a probation order by reducing the probation period to less than one year or by extending
that period beyond the end of three years from the date of the original order,
(b) when the court proposes to amend a probation order, otherwise than on the application of the probationer, it shall summon the
probationer to appear before the court, and if the probationer is not less than fourteen years of age, the court shall not
amend a probation order until the probationer expresses willingness to comply with the requirements of the order as amended.
(3) On the making of an order cancelling or amending a probation order, the provisions of article 7(7) and (8) shall mutatis mutandis apply.
(4) Where, under the following provisions of this Act, a probationer is sentenced for the offence for which he was placed
on probation, the probation order shall cease to have effect. The court sh all direct that a copy of the jud gm ent be t ransm itt
ed w ith out delay to the Director.
Discharge and amendment of probation order.
service order. Amended by: VI. 2001.5.
offender aged sixteen years and over, convicted of an offence for which, in the opinion of the Court, the appropriate sentence would,
except for the provisions of this article, be one of imprisonment. Such an offence must not be punishable only by a fine (multa or ammenda) and cannot be an offence, which apart from any increase in punishment in view of the continuity or of previous convictions, is
punishable with imprisonment exceeding seven years and the pro v isio ns o f th e prov iso to art i cle 7( 2) shall appl y muta tis mutandis to this subarticle.
(2) The court may, instead of sentencing the offender to imprisonment, order the offend er to be placed on a community
service order. A community service order shall require the offender to perform unpaid work for a number of hours as specified in
the orde r. In any suc h cas e no orde r shal l r e q u i r e th e off e n d er to perform less than forty hours of work or more
than four hundred and eighty hours.
(3) The court shall not make a community service order unless the following conditions have been met:
(a) the court is satisfied, after considering the offender ’s circumstances and the pre-sentencing report, that the offender is
suitable to perform work under such an order:
Provided that where the court is so satisfied, it may, after considering the offender ’s circumstances, dispense from
the need of a written pre-sentencing report and order that a verbal report be submitted, and such verbal report shall be duly
recorded in the court’s proceedings;
(b) that arrangements can be made for such work; (c) the offender has agreed to the order; and
(d) the offender has signed the community service work agreement form.
(4) Before making a community service order in respect of an offender the court shall explain to the offender in ordinary language
th e effect o f t h e o r der an d t h at if th e off e n d er fails to comp ly therewith or commits another offence, the offender
will be liable to be sentenced for the original offence.
(5) The court by which the community service order is made shal l fo rt hw i t h g i v e co p i es of t h e or der t o t h e offend
er, to t h e Director, the community service officer assigned to the case by the Director, and to the agencies and authorities responsible
for the supervision of the community service order.
(6) It shall be duty of the Director to assign work to the probationer in accordance with the community service order.
Regulation of hours of work.
additional to those specified in any other of those orders.
(2) Where a court makes a community service order and there is in force in respect of the offender at the time of the making of
th at order anothe r such order (made by the same or a diff erent court) the court making the later order may direct in that order
that the hou rs of work specified th erein shall b e concurrent wit h or additional to those specified in the earlier order.
(3) When a court makes a community service order and there is in force a prison sentence or the offender is detained without bail,
the community service order shall come into effect after the release of the offender from prison, provided that the community service
officer in charge of the case is of the opinion that the offender is still suitable to perform community service work. If the offender
is not still suitable to perform the community service required, the community service officer shall return the case to the court.
In such cases the court shall deal with the offender as if the community service order had never been made.
(a) report to the relevant authority from time to time according to the instructions issued by the community service officer;
(b) perform satisfactorily for the number of hours specified in the order such work at such times as shall be directed
by or on behalf of the relevant authority;
(c) notify the community service officer to whom the offender is required to report under this subarticle of any change of
his address.
Duties of offender under community service order.
(2) Directions given under subarticle (1) shall, so far as practicable, avoid any interference with the times during which
the offender normally works or attends a school or other educational or training establishment.
(3) An offender who fails to comply with any requirement contained in article 13, shall be guilty of an offence and, without
prejudice to the continuance in force of the com munity service order, shall be liable on summary conviction to a fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94).
Community service work. Amended by:
L.N. 426 of 2007; Amended by:
VI. 2001.6.
14(3), the court which had issued the order, in lieu of imposing a fine under that article may, either revoke the order or revoke
it and
deal with the offender for the offence in respect of which the order was made in any manner in which the offender could have been
Breach of community service order.
dealt with for that offence if the order had not been made.
Extension. 16. Where a community service order is in force, on application of the offender or the Director, and if it appears to the co urt to be i n t h e in terest of just ice, havin g regard to th e circumstances of the case, the court may extend the period of one year for six months, in order that the community service is carried out.
Summoning of offender.
Combination order. 18. The court may, instead of sentencing the offender to imprisonment, order the offender to be placed on a combination order. A combination order shall require the offender to be placed under probation supervision as specified in article 7 and perform a community service order, as specified in article 11. Nevertheless, such order shall not require the offender to perform less than forty hours of work or more than one hundred hours in addition to any number of hours of work still to be performed under any previous community service order.
Duties of offender under combination order.
(a) report to the probation officer assigned to him by the Director from time to time according to the instructions
issued by the probation officer;
(b) report to the relevant authority from time to time according to the instructions issued by the community service officer;
(c) perform satisfactorily for the number of hours specified in the order such work at such times as shall be directed
by or on behalf of the relevant authority;
(d) notify the community service officer to whom the offender is required to report under this subarticle of any change of
his address.
Applicable rules. 20. The provisions of this Act applicable to probation orders and community service orders shall apply to combination orders.
Community sanction. Added by: VI. 2010.7.
Breach of conditions. Amended by:
L.N. 426 of 2007; VI. 2010.8.
Provided that except where the alleged failure is brought to th e at ten t i o n o f th e co ur t by m eans of an appl icat io n
by t h e probation officer, no such summons or warrant shall be issued by the Crim in al Co urt, o r by the Juvenile Court, except
on an
information in writing and confirmed on oath. In either case the information must be filed within three months of the alleged failure
by the probationer:
Provided further that the Court shall appoint for hearing the application within twenty days of the filing of the said application.
(2) If it is proved to the satisfaction of the court, that the probationer has failed to comply with any of the requirements
of the community sanction order, that court may, without prejudice to the cont inuance of the sanction, impose on the offender a
fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), or may deal with the probationer, for the offence
in respect of which the community sanction was made, in any manner in which the court could deal with the offender if he had just
been convicted by or before that court of that offence.
(3) A fine imposed under this article in respect of a failure to comply with the requirements of a probation order shall be deemed
for the purposes of any enactment, but saving the provisions of article 22(1), t o be a sum adju dged to b e paid following a conviction.
22. (1) Where a court by which a person is convicted of an offence (not being an offence punishable only be a fine (multa or ammenda) and not being an offence which apart from an increase of puni sh ment in view of conti nui ty o r p r evio us conv ictio ns, is
punishable with imprisonment for a term exceeding seven years) is of opinion that, having regard to the circumstances of the case,
including the nature of the of fence and the character of the offender, it is inexpedient to inflict punishment and that a probation
order, a community service order or a combination order are not appropriate, the court may make an order discharging the offender
ab so lu tely, or, i f t h e cou r t thi n k s fit , d i scharg i ng th e off e n d er subject to the condition that he commits
no offence during such period, not exceeding three years from the date of the order, as may be specified therein. The provisions
of the proviso to article 7(2) shall mutatis mutandis apply to this subarticle.
(2) An order discharging a person subject to such a condition as aforesai d i s i n th is A ct referre d to a s "a n orde
r for con di t io nal discharge" and the period specified in any such order as "the period of conditional discharge".
(3) Before making an order for conditional discharge, the court shall ex pl ain t o t h e of fe nder in ordi nary lan gua ge that
i f th e offender commits another offence during the period of conditional discharg e, the off e nder will be liable to be sentenced
for the original offence.
(4) Where, under the provisions in this Act, a person conditionally discharged is sentenced for the offence in
respect of which the order for conditi onal discharge was m ade, that order shall cease to have effect.
Absolute or conditional discharge.
Conviction following an order.
the probation period or during the period of conditional discharge, the court -
(a) if it is the same court that had made the probation order, the community service order, the combination order or the
order for conditional discharge, may deal with that person for the offence for which the order was made in any manner in which
it could deal with the offender if he had just been convicted by or before that court of that offence;
(b) if it is a different court, it shall commit that person before the court by which the probation order, the community
service order, the combination order or the order for conditional discharge was made and such court shall as soon as practicable,
cause such person to appear or be brought before it, and on proof to its satisfaction of the conviction in respect of
the further offence, may deal with that person for the offence for which the order was made in any manner in which it could deal
with the offender if he had just been convicted by or before it of that offence.
(2) Subject to the provision of subarticle (3), where a person is dealt with for the offence for which he was placed on probation
on a community service order or a combination order or conditionally discharged, it shall not be lawful for the court to place the
offender under a community sanction or to make an order as provided in article 22(1).
(3) Subarticle (2) shall not apply where the offence committed during the probati on period or during the period of conditional
discharge and for which the person is subsequently convicted, is a contravention or is a crime of involuntary homicide, or involuntary
bodily harm, or involuntary damage to property.
(4) For the purpose of subarticle (1) -
(a) the Court of Magistrates (Malta), the Court of Magistrates (Gozo) and the Juvenile Court shall be deemed to
be the same court;
(b) the Court of Criminal Appeal in the determination of appeals from judgments of the Courts of Magistrates (Malta), the Court
of Magistrates (Gozo) and the Juvenile Court shall be deemed to be a different Court from the Court of Criminal
Appeal in the determination of appeals for decisions of the Criminal Court.
Payment of damages.
Cap. 9.
24. (1) A court, on making a probation order, community service order, combination order, an order for conditional discharge
or on discharging any offender absolutely may, without prejudice to its power of awardi ng costs under articles 380 and 533 of
th e Criminal Code, order the offender to pay such damages for injury or compensation for the loss as the court thinks reasonable.
(2) An order for the payment of damages or compensation as aforesaid may be enforced in like manner as if it had been given in
a civil action between the offend er and the person to whom the damages or compensation are ordered to be paid:
Provided that nothing in this article shall derogate from any right of such person to recover any greater amount by any other means
from the offender or any other person liable to pay the same.
(a) the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the
offender under the foregoing provisions of this Act, and
(b) in the case of a public officer, the purposes or any disciplinary proceedings which may be taken against, or any disciplinary
punishment which may be imposed upon, such public officer in consequence of any such conviction or of any of the facts constituting
the offence:
Provided that where an offender, being not less than eighteen years of age at the time of the conviction of an offence for
wh ic h h e i s pl ac ed o n a co m m u n i t y sa nc ti on or co nd it i o n a l l y discharged as aforesaid, is subsequently sentenced
for that offence, th e pr o v i s i o n s o f t h is su bar t ic le sh al l cea se to a p p l y to th e conviction.
(2) Without prejudice to the foregoing provisions of this article, the conviction of an offender who is placed on probation,
on a co mm un ity service order , on a com b in ati on order or discharged absolutely or conditionally as aforesaid shall in any
ev en t be disregarded for the pu rposes o f any enactm e nt whi ch imposes or authorizes any interdiction, disqualification, disability
or other penalty upon convicted persons.
(3) The provisions of article 7(1), of article 11(2), of article 18, and of article 23(1) and (2) shall not affect -
(a) any right of any such offender as aforesaid to appeal against the conviction or to rely thereon in bar of any subsequent proceedings
for the same fact;
(b) the revesting or restoration of any property in consequence of the conviction of any such offender;
(c) the operation of article 23 of the Criminal Code or of any other provision of that Code or of any other law relating to the forfeiture of any property or its retention
by the registrar of any court or by any other officer authorized by law to seize or to retain any property connected with
criminal proceedings;
(d) the making of any order under article 377 of the
Criminal Code or under the provisions or any other
Effects of community sanction and discharge.
Cap. 9.
for the abatement of a nuisance or inconvenience or for the carrying out of the law by the offender or by the Police at the expense
of the offender;
(e) the liability of any such offender as aforesaid to be required by the court to enter into his own recognizance
or to find a surety in terms of articles
249, 383 and 384 of the Criminal Code;
(f) the making of any order by the court as to the payment of costs under articles 380 and 533 of the Criminal Code;
(g) the operation of article 35(3), (5) and (6) of the
Criminal Code;
(h) the right of any interested party to produce when appropriate in any criminal or civil proceedings evidence
to show that a person discharged absolutely or conditionally as aforesaid or in respect of whom a community sanction has been
made, who is a party to the proceedings or is produced as a witness, has been convicted of an offence, provided such evidence
is considered by the court to be relevant.
Designation of competent authority in accordance with Framework Decision.
Added by: VI. 2010.10.
Types of community sanctions. Added by: VI. 2010.10.
31(1), where Malta is either the issuing or executing State for the purposes of the mutual recognition of the community sanctions
between Member States.
27. (1) In accordance with the Framework Decision, the following community sanctions shall be regulated by the competent authority:
(a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place;
(b) an obligation not to enter certain localities, places or defined areas in the issuing or executing State;
(c) an obligation containing limitations on leaving the territory of the executing State;
(d) instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations
on or modalities of carrying out a professional activity;
(e) an obligation to report at specified times to a specific authority;
(f) an obligation to avoid contact with specific persons;
(g) an obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with
a view to committing a criminal offence;
(h) an obligation to compensate financially for the prejudice caused by the offence and, or an obligation to provide
proof of compliance with such an obligation;
(i) an obligation to carry out community service;
(j) an obligation to cooperate with a probation officer, and if necessary with a representative of a social service having responsibilities
in respect of sentenced persons; and
(k) an obligation to undergo therapeutic treatment or treatment for addiction.
(2) The competent authority shall notify the General Secretariat of the C ouncil of the E uropean Union, when implementing the Framework Decision, which community sanctions, apart from those referred to in subarticle (1), it is prepared to supervise. The General Secretariat
of the Counc il sha ll make th e inform ation receiv ed available to all Member States and to the Commission.
Provided that the competent authority shall only consent to the forwarding of a community sanction, upon the request of the sentenced
person, where the sentenced person has not committed subsequent offences and under such conditions it may deem fit to impose.
(2) When, in applying the provisions of subarticle (1), the competent authority forwards a com m u n it y san c t i on
to th e exec uting S t ate , it s h a ll e n sure that it is ac companie d by a certificate, in such form as may be prescribed by
the Minister by regulations made under this article.
(3) Once the competent authority of the executing State has recogni sed the com m un ity sancti on forwarded to it and has in
f o rmed the com p etent authority of such recognition, the competent authority in Malta shall no longer have competence in relation
to the supervision of the community sanction imposed, nor to take any subsequent decisions referred to in article 31(1).
(4) The competence referred to in subarticle (3) shall revert to the competent authority:
(a) as soon as the competent authority has notified the competent authority of the executing State about the withdrawal of
the certificate referred to in subarticle (2), provided that supervision in the executing State has not yet begun;
(b) in cases or categories of cases to be specified by the executing State where it may refuse to assume the responsibility
of supervision, in particular:
Forwarding of community sanctions to competent authorities of Member States where Malta is the issuing State. Added by:
VI. 2010.10.
(i) in cases relating to an alternative sanction, where the judgement does not contain a custodial sentence
or measure involving the deprivation of liberty to be enforced in case of non-compliance with the obligations
or instructions concerned;
(ii) in cases relating to a conditional discharge; and
(iii) in cases where the judgement relates to acts which do not constitute an offence under the law of the executing State,
whatever its constituent elements or however it is described;
(c) in cases where the jurisdiction of the executing State has ended in accordance with the provisions of article
32.
Recognition of community sanctions where Malta is the executing State. Added by:
VI. 2010.10.
Provided that when, in exceptional circumstances, it is not possible for the competent authority to comply with the time limit pro
v i d ed for in sub a r ticl e (1) , it sh al l i mmedi at el y inf o rm th e competent authority of the issuing State by any means,
giving the reasons for the delay and indicating the estimated time needed for the final decision to be taken.
(2) Where Malta is the executing State, the competent authority m a y po stpone the decision on recognition of the com m unity
sanction in the situation where the certificate referred to in article
2 8 (2 ) i s inco mp lete o r d o es no t co rresp ond to the co mm uni ty sanction, until a reasonable deadline is set for the certificate
to be completed or corrected.
Grounds for refusing recognition and supervision. Added by:
VI. 2010.10.
30. Where Malta is the executing State, the competent authority may refuse to recognise the community sanctions and assume
responsibility for supervising community sanctions on the following grounds, in accordance with Article 11 of the Framework Decision:
(a) the certificate referred to in article 28(2) is incomplete or manifestly does not correspond to the community sanction and
has not been completed or corrected within a reasonable period set by the competent authority;
(b) the criteria set out in article 28(1) are not satisfied;
(c) the recognition of the community sanction and assumption of the responsibility for supervising community
sanctions would be contrary to the principle of ne bis in idem;
(d) the judgment relates to acts which do not constitute an
offence under the laws of Malta;
(e) the enforcement of the sentence is barred by prescription according to the laws of Malta and falls within its
competence according to that law;
(f) there is immunity under the laws of Malta, which makes it impossible to supervise community sanctions;
(g) under the laws of Malta, the sentenced person cannot, owing to his age, be held criminally liable for the offences in
respect of which the judgment was issued;
(h) the judgment was rendered in absentia, unless:
(i) the certificate referred to in article 28(2) states that the person summoned personally or informed through
a representative competent according to the laws of Malta of the time and place of the proceedings, or that the person
actually received official information of the scheduled time and place of the proceedings and was also informed that a decision
may be handed down if he does not appear for the proceedings; or
(ii) the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or
by the State, to appear in his stead and that legal counsellor in fact appeared during the proceedings; or
(iii) the person indicated to a competent authority that he does not intend to contest the charges against him; or
(iv) subsequent to the decision, which would have been served upon him, the person concerned, after being informed of his
right to appeal or to a retrial, expressly stated that he does not intend to contest the decision or did not contest such
decision within the applicable time frame;
(i) the community sanction provides for medical and, or therapeutic treatment which Malta is unable to supervise in
view of its legal or healthcare system;
(j) the community sanction is of less than six months’
duration; or
(k) the judgement relates to criminal offences which under the laws of Malta are regarded as having been committed
wholly or for a major or essential part within its territory, or in a place equivalent to its territory.
Jurisdiction to take all subsequent decisions and governing law where Malta is the executing State. Added by:
VI. 2010.10.
(a) the modification of obligations or instructions contained in the community sanction or the
modification of the duration of the community sanction;
(b) the revocation of the suspension of the execution of the judgement or the revocation of the decision regarding a
community sanction; and
(c) the imposition of a custodial sentence or measure involving deprivation of liberty in case of a community
sanction.
(2) If the nature or duration of the relevant community sanction is incompatible with the laws of Malta when Malta is the executing
St ate, the compete nt auth or it y may ad ap t t he m in l in e w it h t he nature and duration of community sanctions, which apply
under the laws of Malt a, to equivalent offences . The ada pted community sanction or its duration shall correspond as far as possible
to that imposed in the issuing State:
Provided that where the community sanction or the duration of the community sanction has been adapted because its duration exceeds
the m axi mum duration provided for under the laws of M a lta, where M a lta is the e x e c u tin g St ate, t h e d u rati on of
th e adapted community sanc tion, shall not be belo w the maximum duration provided for equivalent offences under the laws of Malta:
Provided also that the adapted community sanction shall not be more severe or longer than the community sanction which was originally
imposed.
(3) Where Malta is the executing State, the competent authority shall without delay inform the competent authority of the issuing
St ate , by any mean s wh ich l eav es a wri tten re cord , o f all th e decisions taken on:
(a) the modification of community sanction;
(b) the revocation of the suspension of the execution of the judgement or revocation of the decision regarding a community sanction;
(c) the enforcement of a custodial sentence or measure involving deprivation of liberty, because of non- compliance
with a community sanction;
(d) the lapse of the community sanction.
(4) If so requested by the competent authority of the issuing St ate, the competent author ity shal l infor m it o f the maxim
u m duration of deprivation of liberty that is foreseen in the national laws of Malta for the offence which gave rise to the judgment
and that could be imposed on the sentenced person in case of breach of the comm unity sanction. This inform ati on shall be provided
immediately after receipt of the community sanction together with the necessary certificate set out in article 28(2).
(2) If new criminal proceedings against the person concerned are taking place in the issuing State, the competent authority of
the i ssui ng St at e may request th e co mp etent aut h o r it y to tr an sfer jurisdiction in respect of the supervision of the
community sanction and in respect of all further decisions relating to the judgement back to it.
(3) When, in the application of this article, jurisdiction is transferred back to the issuing State, the competent authority
of that State shall resume jurisdiction. For the further supervision of the community sanctions, the competent authority of the issuing
State shall take account of the duration and degree of compliance with the community sanctions in Malta, as well as of any decisions
taken by Malta in accordance with article 31(3).
End of jurisdiction of the executing State.
Added by: VI. 2010.10.
33. Where Malta is the executing State, the competent authority shall, in accordance with Article 18 of the Framework Decision, withou t delay inf o rm the competent authority of the issuing State, by any means which leaves a written record, of:
(a) the transmission of the community sanction together with the certificate referred to in article 28(2) to the competent authority
responsible for its recognition and for taking the ensuing measures for the supervision of the community sanction and where
it has no competence to recognise it and take the said measures for the supervision, it shall, ex officio, forward it to the competent authority of the issuing State;
(b) the fact that it is in practice impossible to supervise the community sanctions for the reason that, after transmission
of the community sanction, together with the certificate referred to in article 28(2), to Malta, the sentenced person cannot be found
in the territory of Malta, in which case Malta shall be under no obligation to supervise the community sanction;
(c) the final decision to recognise the community sanction and to assume responsibility for supervising the community
sanction;
(d) any decision not to recognise the community sanction and to assume responsibility for supervising the community sanction
in accordance with article 31(2), together with the reasons for the decision;
(e) any decision to adapt community sanction in accordance with the provisos to article 31(2), together with the
reasons for the decision;
(f) any decision on amnesty or pardon granted by the issuing or executing State which leads to not supervising
the community sanction, together, where
Information from the executing State in all cases.
Added by: VI. 2010.10.
applicable, with the reasons for the decision.
Consultations between competent authorities.
Added by: VI. 2010.10.
Regulations.
Re-numbered by:
VI. 2010.9.
34. Where and whenever it is felt appropriate, the competent auth orit y shall consult with the com petent auth ority of an other Member State being the issuing State or the executing State as the case may be, with a view to facilitating the smooth and efficient application of the Framework Decision.
(a) prescribing the qualifications for appointment of probation officers;
(b) prescribing the duties of the Director;
(c) prescribing any duties of probation officers in addition to those provided by this Act;
(d) prescribing the forms of records to be kept by probation officers under this Act;
(e) providing for regulations for the performance of work under community service orders;
(f) limiting the number of hours of work to be done under such an order on any one day;
(g) providing for the reckoning of time worked under such orders;
(h) regulating the discipline in, and other matters relating to residential institutions approved by the Minister for the purposes
of article 7(6); and
(i) generally for the better carrying out of the purposes and provisions of this Act.
Rules of Court. Re-numbered by: VI. 2010.9.
Cap. 12.
Transitory provision.
Re-numbered by:
VI. 2010.9.
Cap. 152.
36. The Board referred to in article 29 of the Code of Organization and Civil Procedure may, in accordance with the pr ov isi o n s o f th at ar ti cle, make Ru les of Cou r t r e gu lati n g an y matter or proceeding had or taken under this Act and prescribing the forms to be used for any such matter or proceeding and the fees payable in respect thereto.
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URL: http://www.worldlii.org/mt/legis/laws/pa446c248