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Maltese Laws |
PROTECTION OF MINORS (REGISTRATION) ACT
To provide for the registration of sexual offenders and other offenders who commit offences of serious violence.
ACT XXIII of 2011.
20th January, 2012*
(Registration) Act.
"ad mit ted to a ho spi t al " means ad mi tt ed t o a h o sp it al u n d e r article 43 of the Mental Health Act;
"caut i oned" means caut ioned by a poli c e or o t her law enforcement officer after the person concerned has admitted
the offence;
"the Code" means the Criminal Code;
"community sanction" means a probation order, a community service order or a combination order as specified in the Probation Act;
"competent court" shall have the same meaning given by article
4(1);
"country" includes territory;
"detained in a hospital" means detained in a hospital under Part
IV of the Mental Health Act;
"earlier event" has the meaning given by article 8(2)(a);
"finding" refers to the situation where a person is found not guilty of a scheduled offence by reason of insanity;
"home address" has the meaning given by article 8(6);
"int er im notif ication order" ha s the m eaning gi ven by article
21(2);
"the Minister” means the Minister responsible for justice;
"notification order" has the meaning given by article 18(1); "notification period" has the meaning given by article
7(1);
"parental authority" has the same meaning as in the Civil Code;
"the period of conditional discharge" has the meaning given by article 22(2) of the Probation Act;
"probation order" has the meaning gi ven by article 2 of the
Probation Act;
"probation period" has the meaning given by article 2 of th e
Short title. Interpretation. Cap. 262.
Cap. 9. Cap. 446.
Cap. 262.
Cap. 16. Cap. 446. Cap. 446.
Cap. 446.
*see article 1(2) of the Act as originally promulgated, and Legal Notice 15 of 2012.
Cap. 446.
Probation Act;
"the Register" means the register established under article 3; "the Registrar" has the meaning given by article
3;
"registered person" means a person registered in the Register;
"r el ev ant date" has, sav e in th e ci rcumstan ces men tio ned in articles 19 and 21, the meaning given by article 7(4);
"relevant entity" mean s any institution, establishment or organisation which provides or organises any service or activity
which involves the education, care, custody, welfare or upbringing of minors;
"relevant offender" has the meaning given by article 6(3);
"scheduled offence" means an offence listed in Schedule I;
"supervision" means supervision in pursuance of an order made for the purpose;
"subject person" has the meaning given by article 13(6);
"young offender" has the meaning given by article 13(2).
(2) Notwithstanding the provisions of any other law, a person convicted for an offence for which an order is m a de under the
Prob ation Act placing the offender on a community sanction or discharging the offender absolutely or conditionally shall, for the purpose of thi
s Act, b e deemed to be a person convicted of an offence.
(3) Where under article 1(2) different days are appointed for the commencement of different provisions of this Act, a reference
in any such provision to the commencement of this Act is to be read (subject to article 19(4)) as a reference to the commencement
of that provision.
Establishment of
Register.
(2) Any register as provided in sub-article (1) may be kept and maintained in electronic format.
(3) Any registered person shall be ineligible for membership of, or an y emp l oy ment or oth e r po siti on wi th, any inst itu
ti on, establishment or organisation providing or organising any service or activity which involves the education, care, custody,
welfare or upbringing of minors, whether such membership, employment or other position is against payment or otherwise.
(4) Any registered person who is a member of, or is employed or holds an y position wit h , any in stitu tion, estab lishment
or organisation as is mentioned in sub-article (3), whether su ch membership, employment or other position is against payment or
otherwise, shall have hi s membership, employ me nt or po sition
terminated with immediate effect without that person being entitled to any compensation other than any remuneration that may be due
to him for services rendered until termination.
(2) Any relevant entity which, against payment or otherwise, i n tends t o emplo y any person o r to entrust an y p e rson wit
h a position within the entity shall, before so employing or entrusting such person, request the competent court for information
which may be registered in the Register in respect of that person.
(3) The relevant entity referred to in sub-articles (1) and (2)
shall be bound by the provisions of the Data Protection Act.
(4) Any such request shall be by application which shall be served on the Attorney General who shall be allowed a period of seven
working days for a reply.
(5) The competent court may appoint a date for the hearing of the application in order to determine whether the application should
be al lo wed a n d t h e da te of th e hearing sha l l be se rved on the Attorney General who may take part in the hearing.
(6) If the competent court allows the application, it shall identify the information which may be disclosed and shall
order that such information be communicated in writing to the applicant.
(7) The registrar of the Court shall keep a separate record of all applications filed under this article.
Requests for information from the Register.
Cap. 440.
5. (1) Any person who recruits, engages or employs a regi stered person w ith a r e levant enti ty o r who assign
s to a registered person a position with such an entity shall be guilty of an offence and shall on conviction be liable to the
punishm ent of imprisonment from three months to four years or to a fine (multa) of not less than two thousand five hundred euro (€2,500) and not more than fifty thousand euro (€50,000) or to both such fine
and imprisonment.
(2) Any person being a director, manager, secretary or other similar officer of a relevant entity, as well as any other person
who may in any way be involved in the management of the relevant entity, who becomes aware of the commission of a scheduled o ffence
wh ich i s commi tted in the r e l e v a n t en tit y t o whi c h he appertains and fails to report the fact to the Commissioner
of Police shall be guilty of an offence and shall on conviction be liable to the same punishment laid down in sub-article (1) decreased
by one degree.
Offences.
Persons subject to notification requirements.
(a) is convicted of a scheduled offence:
Provided that the Court may, if it deems it appropriate, decide not to subject a person to the notification requirements
if, in its opinion, the case so merits;
(b) is found not guilty of such an offence by reason of insanity;
(c) is convicted of an offence not listed in Schedule I but the Court is of the opinion that the person convicted constitutes a threat
or a danger to the education, care, custody, welfare or upbringing of minors and orders the registration of that person in the Register.
(2) Where any court of first instance finds any person guilty of a scheduled offence, that court shall order that the judgment
shall, upon becoming final, be notified to the Registrar. Where the court is a court of appeal which delivers a judgment having the
effect of confirming or declaring a person guilty of an offence as aforesaid, that court of appeal shall order that the judgment
shall forthwith be notified to the Registrar.
(3) A person for the time being subject to the notification requirements under this Act is referred to in this Act as
"a relevant offender".
Notification period.
(2) Where a person is under eighteen years of age on the r e levan t d a te, sub - ar ticl e ( 1 ) sh all have ef fect
as if for any reference to a period referr ed to in Schedule II there were a refere nce t o o n e - hal f o f any of th e rel e
va nt pe ri o d th erei n mentioned.
(3) Where a relevant offender falling under article 6(1)(a) has been sentenced to a term of imprisonment or detention and, before the notifica tion period in respect of that offence has
expired, is again subsequently convicted of a scheduled offence and sentenced to a term of imprisonment or detention, sub-article
(1) shall have ef fect as if th at of fend er h a d bee n sent enc e d to a p e ri od o f imp riso nment or d e t e n t i on equal
to the aggregat e of the those terms.
(4) In this Act, "relevant date" means -
(a) in the case of a person under article 6(1)(a) and
6(1)(c), the date of the conviction;
(b) in the case of a person under article 6(1)(b), the date of the finding.
Initial notification. 8. (1) A relevant offender shall, within the period of three days beginning with the relevant date, notify to the Registrar the information set out in sub-article (4).
(2) Sub-article (1) does not apply to a relevant offender in respect of a conviction or finding under article 6(1) if
-
(a) immediately before the conviction or finding he was subject to the notification requirements under this Act as a result of another
conviction, finding or order of a court (the "earlier event");
(b) at that time, he had made a notification under sub- article (1) in respect of the earlier event; and
(c) throughout the period referred to in sub-article (1), he remains subject to the notification requirements as a result of the
earlier event.
(3) Where a notification order is made in respect of a conviction or finding, sub-article (1) shall not apply
to the relevant offender in respect of the conviction, or finding if -
(a) immediately before the order was made, he was subject to the notification requirements under this Act as a result of another
conviction, finding or caution or an order of a court ("the earlier event"),
(b) at that time, he had made a notification under sub- article (1) in respect of the earlier event, and
(c) throughout the period referred to in sub-article (1), he remains subject to the notification requirements as a result of the
earlier event.
(4) The information referred to in sub-article (1) is - (a) the relevant offender ’s date of birth;
(b) his identity card or passport number;
(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;
(d) his home address on the relevant date;
(e) his name on the date on which notification is given and, where he used one or more other names on that date, each of those
names;
(f) his home address on the date on which notification is given;
(g) the address of any other premises in Malta at which, at the time the notification is given, he regularly resides or stays.
(5) When determining the period for the purpose of sub-article (1), there shall be disregarded any time when the relevant offender
is -
(a) remanded in or committed to custody by an order of a court;
(b) serving a sentence of imprisonment or detention; (c) detained in a hospital; or
(d) outside Malta.
(6) In this Act, "home address" means, in relation to any
person:
(a) the address of his sole or main residence in Malta, or
(b) where he has no such residence, the address or location of a place in Malta where he can regularly be found and, if there is
more than one such place, such one of those places as the person may select.
Changes in notified information.
(a) his using a name which has not been notified to the
Registrar under article 8(1) or this sub-article,
(b) any change of his home address,
(c) his having resided or stayed, for a qualifying period, at any premises in Malta the address of which has not been notified to
the Registrar under article 8(1) or this sub-article, or
(d) his release from custody pursuant to an order of a court or from imprisonment or detention in a hospital,
notify to the police that name, the new home address, the address of those premises or, as the case may be, the fact that he has
been released, and, in addition, the information set out in article 8(4).
(2) A notification under sub-article (1) may be given before the name is used, the change of home address occurs or the qualifying
period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
(3) If a notification is given in accordance with sub-article (2) and the event to which it relates occurs more than two days before
the date specified, the notification does not affect the duty imposed by sub-article (1).
(4) If a notification is given in accordance with sub-article (2) and the event to which it relates has not occurred by the end
of the period of three days beginning with the date specified -
(a) the notification does not affect the duty imposed by sub-article (1), and
(b) the relevant offender must, within the period of six days beginning with the date specified, notify to the police the fact
that the event did not occur within the period of three days beginning with the date specified.
(5) Article 8(5) applies to the determination of the period of three days mentioned in sub-article (1) and the period of six days
mentioned in sub-article (4)(b), as it applies to the determination of the period mentioned in article 8(1).
(6) In this article, "qualifying period" means - (a) a period of seven days, or
(b) two or more periods, in any period of twelve months,
which taken together amount to seven days.
(2) The events to which reference is made in sub-article (1) are: (a) the commencement of this article, but only in the case
of a person who is a relevant offender from that commencement;
(b) any notification given by the relevant offender under articles 8(1) or 9(1); and
(c) any notification given by him under sub-article (1).
(3) Where the period referred to in sub-article (1) would, apart from this sub-article, end whilst sub-article (4) applies to
the relevant offender, that period is to be treated as continuing until the end of the period of three days beginning when sub-article
(4) first ceases to apply to the relevant offender.
(4) The provisions of this sub-article apply to the relevant offender if he is -
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention, (c) detained in a hospital, or
(d) outside Malta.
Periodic notification.
(a) to give in accordance with the regulations, before they leave, a notification under sub-article (2);
(b) if they subsequently return to Malta, to give in accordance with the regulations a notification under sub-article (3).
(2) A notification under this sub-article must disclose - (a) the date on which the offender will leave Malta;
(b) the country or, if there is more than one country, the
first country, to which he will travel and his point of arrival, determined in accordance with the regulations,
in that country;
(c) any other information, prescribed by the regulations, which the offender holds about his departure from or return to Malta or
his movements while outside Malta.
(3) A notification under this sub-article must disclose any inform ation prescribed by the regulations about the offender
’s return to Malta.
(4) Regulations made under sub-article (1) may make different provision for different categories of person.
Travel outside
Malta.
Method of notification and related matters.
(a) attending at the Registry of the Civil Courts and Tribunals as the Minister may by regulations prescribe;
and
(b) giving an oral notification to the official at the said
Registry authorised for the purpose by the Registrar.
(2) Any notification under this article must be acknowledged; and an acknowledgment under this sub-article must be in writing,
and in such form as the Registrar may direct.
Parental directions. | 13. (1) | The provisions of sub-article (2) apply to - |
(a) (b) (c) | a relevant offender under articles 6(1)(a) to (c) or 6(2); a subject person; or a respondent under sub-article (4). |
(2) Where a person to whom this sub-article applies is under eighteen years of age ("the young offender") -
(a) the court which deals with the relevant offender under sub-article (1)(a), or
(b) the court which makes the order in respect of the subject person under sub-article (1)(b), or
(c) the court which hears the application in respect of the respondent under sub-article (1)(c),
may direct that sub-article (3) applies in respect of an individual
("the parent") having parental authority over the young offender.
(3) Where this sub-article applies -
(a) the obligations that would, apart from this sub-article, be imposed by or under articles 8 to 11 on the young offender are to
be treated instead as obligations on the parent, and
(b) the parent must ensure that the young offender attends at the Registry of the Civil Courts and Tribunals with him, when a notification
is being given.
(4) A direction under sub-article (1) shall take immediate effect and shall apply -
(a) until the young offender attains the age of eighteen years; or
(b) for such shorter period as the court may, at the time the direction is given, direct.
(5) The Commissioner of Police may apply to the competent court for a direction under sub-article (1) in respect of a relevant
offender ("the respondent") whom he reasonably believes to be under eighteen years of age.
(6) For the purposes of this article "subject person" means a person who is the subject of a notification order or of
an interim notification order.
(2) The persons referred to in sub-article (1) are: (a) the young offender;
(b) the parent;
(c) the Commissioner of Police.
(3) The application shall be served on the other persons, other than the applicant, mentioned in sub-article (2) and the court,
after hearing the person making the application and (if they wish to be heard) the other persons mentioned in sub-article (2), may
make any order, varying, renewing or discharging the direction, that the court considers appropriate.
Variations, renewals and discharges of parental directions.
(a) fails, without reasonable cause, to comply with articles
8(1), 9(1), 9(4)(b), 10(1), or 13(3)(b) or any requirement imposed by regulations made under
article 11(1); or
(b) notifies to the police, in purported compliance with articles 8(1), 9(1) or 10(1) or any requirement imposed by regulations
made under article 11(1), any information which he knows to be false,
shall be guilty of an offence and shall be liable on conviction to the punishment of imprisonment from three months to four years
or to a fine (multa) of not less than one hundred euro (€100) and not more th an on e th ousand euro (€ 1,000) or to bo th such fi ne and imprisonment.
Offences relating to notification.
(a) convicted of an offence listed in Schedule I;
(b) found not guilty of such an offence by reason of insanity.
(2) If the court by or before which the person is so convicted or found -
Certificates.
(a) states in open court -
(i) that on that date that person has been convicted or found not guilty by reason of insanity, and
(ii) that the offence in question is an offence listed in Schedule I, and
(b) certifies those facts, whether at the time or subsequently,
t h e relevant cert ificate shall, for the p u rpo s es o f t h is Act , be deemed to be sufficient evidence of those facts.
Information about release or transfer.
in a hospital.
(2) The Minister may by regulations make provision requiring n o tice to be gi ven b y t h e person who is resp onsibl e fo r that
offender to persons prescribed by the regulations, of any occasion whe n the of fender is releas ed or a dif f erent person becomes
responsible for him.
(3) The regulations may make provision for determining who is to be treated, for the purposes of this article, as responsible for
an offender.
Applications and grounds for notification orders.
(a) it appears to him that the three conditions referred to in sub-articles (2), (3) and (4) are met with respect to the defendant,
and
(b) the defendant resides in Malta or the Commissioner of Police believes that the defendant is in, or is intending to come to, Malta.
(2) The first condition is that under the law in force in a country outside Malta:
(a) the defendant has been convicted of a relevant offence, whether or not he has been punished for it,
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that
the defendant is not guilty by reason of insanity,
(c) such a court has made, in respect of a relevant offence, a finding equivalent to a finding that the defendant is under a disability
and committed the act charged against him in respect of the offence, or
(d) the defendant has been cautioned in respect of a relevant offence.
(3) The second condition is that:
(a) the first condition is met because of a conviction, finding or caution which occurred on or after the date of the coming
into force of this Act;
(b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in
respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it; or
(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person
was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision
or any other disposal equivalent to any of those mentioned in sub- article (2).
(4) The third condition is that the period set out in article 8, as modified by article 19(2) and (3), in respect of the relevant
offence has not expired.
(5) If on the application it is proved that the conditions referred t o i n sub - articles (2 ) to (4) are met , th e cou r t sh
al l make a notification order.
(6) In this article and in article 19, "relevant offence" has the meaning given by article 20.
(a) the application of this Act to the defendant in respect of the conviction, finding or caution to which the order relates shall
be subject to the modifications set out below, and
(b) subject to those modifications, the defendant shall become or, as the case may be, shall remain subject to the notification
requirements of this Act for the notification period set out in article 8.
(2) The "relevant date" means:
(a) in the case of a person referred to in article 18(2)(a), the date of the conviction;
(b) in the case of a person referred to in article 18(2)(b) or
(c), the date of the finding;
(c) in the case of a person referred to in article 18(2)(d), the date of the caution.
(3) In article 7 -
(a) references, except in Schedule II, to a person, or relevant offender, within any provision of article 6 are to be
read and construed as references to the defendant;
(b) references to an order of any description are to be read and construed as references to any corresponding disposal made
in relation to the defendant in respect of an offence or finding by reference to which the notification order was made;
(c) the reference to offences listed in Schedule I is to be read and construed as a reference to relevant offences.
(4) In articles 8 and 10, references to the commencement date are to be read as references to the date of service of the notification
order.
Effect of notification orders.
Relevant offences.
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule I, other than the offence referred to in paragraph 6 thereof, if
it had been committed in Malta.
(2) An act punishable under the law in force in a country outside Malta constitutes an offence under that law for the
purposes of sub-article (1), howsoever it is described in that law.
(3) Subject to sub-article (4), on an application for a notification order, the condition in sub-article (1)(b) shall be taken as met unless, not later than such period as may be provided by Rules of Court made under this article, the defendant
serves on the applicant a notice -
(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b) showing his grounds for that opinion, and
(c) requiring the applicant to prove that the condition is met.
(4) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is m et
without service of a notice under sub-article (3).
Interim notification orders.
(2) An application for an order under this article ("an interim notification order") -
(a) may be made in the main application, or
(b) if the main application has been made, may be made by the person who has made that application, by another application
to the court to which the main application has been made.
(3) The court may, if it considers it appropriate to do so, make an interim notification order.
(4) An interim notification order -
(a) shall have effect only for a fixed period, specified in the order;
(b) shall cease to have effect, if it has not already done so, on the determination of the main application.
(5) While an interim notification order has effect -
(a) the defendant shall be subject to the notification requirements of this Act; and
(b) the provisions of this Act shall apply to the defendant, subject to the modification set out in sub-article (6).
(6) The "relevant date" means the date of service of the order.
(7) The applicant or the defendant may apply to the court which made the interim notification order for the order to be
varied, renewed or discharged.
II.
(2) Any amendment which falls within the provisions of sub- article (3) shall not apply to convictions, findings and cautions
before the amendment takes effect.
(3) An amendment shall be deemed to fall within the prohibition referred to in sub-article (2) if such amendment
-
(a) adds an offence,
(b) removes a threshold relating to an offence, or
(c) changes a threshold in such a way as to cause an offence committed by or against a person of a particular
age or in certain circumstances, or resulting in a particular disposal, to be within a Schedule when it would not otherwise be so
included.
Applications regarding notification and interim notification orders.
Power to amend
Schedules.
Criminal Code (Cap. 9)
SCHEDULE I (Article 2)
Offences
1. Articles 197(1) and (2), 198;
2. Article 199 when the offence is committed on a minor;
3. Articles 202, 203, 203A, 204, 204A, 204B, 204C and 204D;
4. Article 207 when the offence is committed on a minor;
5. Articles 208A, 247A, 248D;
6. Articles 251A and 251B when the offence is committed on a minor;
Medical and Kindred Professions Ordinance (Cap. 31)
1. Second proviso to article 120A(2)(b)(ii) when the offence is committed on a minor
White Slave Traffic Ordinance (Cap. 63)
1. Article 3 when the offence is committed on a minor;
2. Proviso to article 7(1)
Dangerous Drugs Ordinance (Cap. 101)
1. Second proviso to article 22(2)(b)(ii) when the offence is committed on a minor.
SCHEDULE II (Article 7)
Description of relevant offender Notification period
A person who, in respect of t h e of fence, h a s been sentenced to imprisonment for life or for a term of 30 months or more
A person who, in respect of the offence or finding, is admitted to a hospital
A person who, in respect of t h e of fence, h a s been sentenced to imprisonment for a term of more than 6 months but less than 30
months
A p e rson who, i n respect of t h e of fen c e, has b e en sentenced to imprisonment for a term of 6 months or less
A person in w hose case an or der fo r con d i tio nal discharge or a probation order is made in respect of the offence
An i n de fi n i t e pe ri od b e ginn ing wit h the relevant date
An i n de fi n i t e pe ri od b e ginn ing wit h that date
1 5 years b e gi nnin g with that date
1 0 years b e gi nnin g with that date
1 0 years b e gi nnin g with the date of the cond it ion a l disch a rg e or the probation period
A person within article 18(2)(d) 2 years beginning with that date
A person of any other description 5 years beginning with
t h e relevant d a te, or s u ch longer period as
the Cour t m a y determine
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