Amendments to Probation Act

Nationalist MP Franco Debono told Parliament yesterday that the proposed amendments to the Probation Act were a step in the right direction in expanding the concept that the punishment by the courts should take more a reformatory aspect.

The amendments were another link in the chain of reform which had been started by Dr Louis Galea when Home Minister. The change in nomenclature of the prison institution reflected a more profound change in mentality where the emphasis was placed upon the reform of an offender rather than just a way of meting out punishment. In this manner, punishment retained its deterrent effect but also included a reformatory character.

Dr Debono said that the courts are not lenient in making use of this tool and applied it wisely.

He referred to the criticism that he had raised in relation to the legal aid institution when a number of lawyers in this service had resigned. The issue had now been resolved.

It was important that the legislator provided the courts with the mechanism that can adequately assist the adjudicator to investigate and address the social problems facing most drug abusers.

He proposed the establishment of an institution which would bring together the element of punishment together with that of rehabilitation. This would better address the reform and rehabilitation of those accused of illegal drug abuse. He was in favour of a half-way house for drug abusers who are sent to a rehabilitation centre.

Dr Debono also cautioned against the possible abuse that could be made of the procedural law which allowed the finding of guilt on the uncorroborated evidence of an accomplice or other individual for offences of drug abuse.

While retaining the Attorney General's discretion, safeguards must be provided including that the attorney general be made to provide reasons for choosing the court before which an accused is to be arraigned. Dr Debono indicated that the consequence of this discretion was not futile and brought about a difference in punishment ranging from a maximum of 10 years to life imprisonment.

The transition from a prison sentence to probation showed how society acknowledged that the modern aim of the sentencing was the prisoner reform.

Dr Debono also referred to what he called "certain bad practices", include the case where defence lawyers were not given a copy of the sentence immediately, thus limiting the time in which he would file an appeal.

He also suggested that there be a PA system at the courts that would call lawyers to the hall once the case of their client was being heard. Many a time sentence was delivered without the legal adviser being present because he would be in a different hall.

Dr Debono called on the minister to give more thought to which court should decided ma case for change in conditions for a person put on probation. He suggested that it would be same court that heard the case in the first place, because this was the court that would have "lived" the case in detail.

He also referred to cases were foreigners are put on probation, remar-king that if there was no cooperation between states, this would be futile.

Winding up the debate, Home Affairs Minister Carm Mifsud Bonnici said that the government wanted to strengthen the probation system and ensure that it worked properly.

It would be impossible not to sentence people to prison sentences. It was not the state's choosing that people are sentenced for life but there were offences that merited such a harsh sentence.

What was important, he said, that every sentence must indicate that there were no two weights and two measures for the same offence.

During the past five years, some 5,000 people had been sent to prison, 60 per cent of whom had a sentence for five years.

All sentences were people were fined had been executed: either they paid or were sent to prison. Of the latter, in 2009, there were 150 people.

One must ensure that of the 20 per cent of sentenced people who did not get a prison sentence were in some way rehabilitated. One had a tendency to forget that at present Malta had the largest ever number of inhabitants - 400,000.

He said that any citizen of the 27 EU member states must have the same opportunity for probation.

Dr Mifsud Bonnici agreed with Dr Debono that defence lawyers must have a copy of the sentence. With regards to the proposed PA system, the minister said he had tried to have an electronic runner in each hall to show in which one a particular lawyer was being called. This must be studied further.

When, in two years' time, the parole system is introduced then Malta would have a holistic system where those who had a brush with the law would not relapse.

Concluding, Dr Misfud Bonnici said he resented the fact that there were people who were given probation more than once and they never rehabilitated. He warned that the probation was not a licence to commit further offences.

The Bill was unanimously approved.