Anybody employing in a school or other organisation that cares for minors someone listed on the child offenders register will be subject to imprisonment of up to four years and a €50,000 fine.

Under a new law that comes into force today, people who work with children are bound to report any crime listed in the Protection of Minors’ Act or they would face legal action.

The new law was published in the Government Gazette today, bringing into effect the child offenders’ register. This will list the names of people convicted of offences involving children. It will start being compiled from today and will not be retroactive.

The idea to have the paedophile register surfaced in mid-2006 following a controversy involving the Malta Football Association, which had retained a 79-year-old convicted paedophile as a groundsman at the Pace Grasso ground in Paola that also doubles as a playing field for a nearby school.

Originally, the offenders’ register was planned to list people convicted of sex offences against children. However, the new law goes further. Employing a listed criminal under the law could incur a jail term of between three months and four years and a possible fine ranging between €2,500 and €50,000.

Anyone convicted of a crime listed in the law will be automatically included in the register. The list includes rape, having sex with minors, defilement, child abduction, prostitution, pornography, trafficking in minors, harassment and neglect.

People acquitted on grounds of insanity will still be listed.

Furthermore, the court will have the discretion to order that a person convicted of other crimes is listed if it feels there is a threat to children.

Once listed, a person will not be able to be a member, work or hold any position within an establishment or organisation involved in education, care, custody and welfare of minors.

The length of time that a person is listed will depend on the seriousness of the crime committed and ranges from two to 15 years. A person jailed for 30 years or life will be listed for an indefinite period.

Listed convicts will be able to apply for a revocation through the Criminal Court.

The list will be held by the Registrar of the Civil Courts and will be accessible to entities that work with children. They will have to apply to the court to obtain the information.

Within 18 months from the introduction of the law, organisations that work with children have to request information to determine whether their employees are listed.

They also have to make a request to check the list if they plan to recruit someone new. Anyone who is listed must have their employment terminated.