Community service

The editorial ‘The need for prison alternatives’ (March 21) had much of what I have long believed in.

Maltese criminal courts have the right to order community service in addition to, or in lieu of, the other sentencing options such as incarceration, probation, fines or restitution. Usually, it is ordered for low-level property crimes or for first-time, non-violent offenders.

At the same time, community work may serve as a means of education. Certainly, more valid and appreciated than the debatable benefit that may be ‘derived’ from the correctional facility.

The offender is required to perform unpaid work or other activity in the community under the direction of a probation officer or supervisor. Among the community work undertaken by the offender, there could be instances of having to clean up roadside areas or public gardens while attending educational programmes concerning the negative effect of crime.

Community work may be a specific service ordered by the court, depending on the types and degrees of the offences. For instance, an offender found guilty of littering offences would have to clean some public areas so that he or she understands the effect of littering, thus changing the perception towards littering.

In Malta, the community work by offenders started taking effect in June 2003, and it can come about upon the recommendation of the court or the defence lawyer.

The minimum sentence is 40 hours of community work and the maximum is 480 hours over two years. The maximum number of hours has been ordered only exceptionally.

By 2015, the probation department had supervised 1,000 offenders who had been given community-based sanctions. The kind of work included caring for abandoned animals, maintenance work at football nurseries and local council offices, kitchen help, aiding people with disabilities, and public gardening.

Prison comes with its own set of issues, namely the connections people can form and, some argue, the ethical problems with imprisoning a person. With a community sentence often comes a curfew. Offenders must abide by the times set out by the court or judge. If they do not, they risk returning to court and potentially earning a custodial sentence (prison time). They may also be required to attend meetings with supervisors, have restrictions on areas they can go to, and attend programmes depending on their crime.

People argue community sentences are too ‘soft’ on offenders and are not a harsh enough punishment for breaking the law. The fact remains, however, that community service in Malta has contributed much to lower recidivism rates over the years.

Mark Said – Msida

Of public concern

I would like to express myself on the case of journalist Mark Camilleri regarding the publication of some WhatsApp messages between MP Rosianne Cutajar and Yorgen Fenech and the immediate reaction of the attorney general.

As a clergyman who recites the Psalms every day, I immediately compared the situation to that in some of the Psalms where the poet describes the actions of the unjust camouflaged as righteous by recourse to positive law. Soon we will be hearing the Passion of our Lord and the legal process of Jesus before the Sanhedrin and Pontius Pilate is just an example of that.

MP Rosianne Cutajar

More particularly, this situation reminded me of a long-time legal process in the European Court of Justice (1979) regarding a publication in The Sunday Times of London while the juridical case of the thalidomide pill (which brought about the birth of many deformed children) was still sub judice in the English court.

As far as I can remember, The Sunday Times won the case on the grounds that the right of information outweighed the technical points regarding contempt of court.

In my opinion, the chats are a matter of public concern and not derogatory of the persons involved so as to constitute an unbalanced trial.

But I repeat, I am no expert on legal matters.

Fr John Sammut – Mosta