Ministry for Justice and Home Affairs

"To help ensure social stability by contributing to minimise the frequency of crime and by ensuring the re-integration of offenders to functional societal frameworks. To ensure that the myriad of services offered will address the needs of the Criminal Justice System."

Historical Overview

Until the early nineteenth century, the criminal justice system in Malta was primitive. It was Professor Nicola Zammit who first maintained that the whole system of punishment should be reviewed and that punishment should be tailored to fit the offender and not the crime. In fact, in 1854, the first Criminal Code was promulgated and a system of punishment was established, consisting of the death sentence, life imprisonment, imprisonment with hard labour, imprisonment, solitary confinement, interdiction, fine, and reprimand and admonition.

Over the years, the system of punishment continued to be refined. In fact, in 1900 'Articolo Venti Tre' was introduced. This could be considered to be the precursor of the Conditional Discharge. In 1944, H.M. Commissioner of Prisons for England and Malta, Alexander Paterson, delivered a report to the Governor of Malta in which he proposed two major innovations: the release of offenders on licence (parole system) and the introduction of the Probation Services. His proposals were not heeded to immediately. In fact it was only in 1955 that the latter part of his proposal was partially integrated. Judge Guze Flores mobilised the existent resources to follow up this proposal. He summoned parish priests to collaborate with the prosecuting officer and gather information about the offender to help the judge reach a fair judgement. This eventually led to the enactment of the Probation of Offenders Act in 1957. Due to the lack of qualified probation officers, two persons were sent on a training course in England. The first Probation Order was issued in August 1961.

Since then, the 'Centru Hidma Socjali' was established and its director was appointed Principal Probation Officer. Moreover, certain family welfare officers were selected to carry out the duties of probation officers. The need for re-structuring Probation Services in Malta had been felt for decades, however few concrete steps had been taken to overcome the problem. In 1993 the University of Malta, after receiving proposals from the judiciary and the Government of Malta, organised a post-qualification diploma to train individuals as probation officers. The first course yielded four qualified probation officers. In 1994 the Probation Services Action Team (PSAT), a non-governmental organisation, was set up. This was perhaps the first in a series of measures intended to address the lack of trained specialised resources in the field of probation. PSAT aimed at serving as the cornerstone of the future Probation Services, which was to be set up within the Department of Correctional Services. In fact it was in 1996 that a group of qualified probation officers were engaged as Social Workers within this Department. In 1998, another major step was taken with the insertion of a new structure for the Probation Services, within the government structure and once again was incorporated within the Department of Correctional Services. The aim of the new Probation Services is the strengthening of Probation in our country while expanding the services offered. In 2002, a new Probation Act was introduced to replace the Probation of Offenders' Act of 1957. The main objective of the implementation of the new Act is to align the probation service with any developments that took place over the years, including the introduction of the community service for offenders and the award of damages to the victims of crime.

Beneficiaries and Impact

The Probation Services is a key component of the criminal justice system and works in collaboration with the judiciary, police and various agencies and government departments, among others. Selection of beneficiaries for the service is not dependent on the department. It is the court which has the discretion to decide who benefits from the services offered by Probation Services. The Probation Services addresses the needs of adult and juvenile offenders when demanded by the court through a Probation Order, a Pre-sentence Investigation Report, a Suspended Sentence Supervision Order or through any other service offered by the Unit.

The Probation Services' database reveals that offenders come in contact with the Probation Services for various offences. These offences include drug possession; person offences, such as physical assault; sexual offences, such as prostitution; property offences, including illegal entry, auto theft and the defilement of public and private property; falsification of documents, money laundering and forgery. The Probation Services caters for both male and females, but to date the highest proportion of offenders receiving our services have been male. Through the course of interaction with the offender, the probation officer may also come into contact with the families, employers and immediate peer-groups of the offenders.

Services Offered

The Probation Officer prepares this report which may be requested by the Court after guilt is established and before the Court makes its decision. This report contains extensive information about the offender's background and present situation, as well as recommendations to the Court with regard to sentencing. A highlight of the report is the section dedicated to victims of crime, whereby the probation officer interviews the victims of the crime in question, not just to gather their version of events but also to listen to how they feel about the crime and its repercussions.

The Probation Officer compiles this report as requested by the Court at any phase during the criminal proceedings before guilt is established. This report is similar in content to the PSR but does not include the offender's version of events or any recommendations to the court with regard to sentencing.

According to the new Probation Act, the Court may deem it necessary to issue a provisional order of supervision of the accused by a Probation Officer at any point during the criminal proceedings.

A Probation Order is issued by the Court and can be issued for a minimum period of one year and a maximum of three years. It is a community-based alternative addressing the offender's rehabilitation, protecting society from harm and preventing further recidivism.

Through this newly introduced sanction the offender is required to perform between 40 and 240 hours of work without pay. Compensation to the community is regarded as a priority when issuing a CSO as the offender tries to make up for the harm s/he has inflicted upon society in general. The offender is expected to carry out the number of hours as stipulated by the Court in his/her free time and care is taken in order that such work does not replace paid work.

This is an amalgam of the Probation Order and the Community Service Order. The Probation element may be of one to three years duration while the Community Service element of 40 to 100 hours.

General Overview

During 2004, the Probation Services received a total of 303 new cases from the Courts of Malta and Gozo, an increase of 23 per cent over the previous year. In December 2004, the Unit was handling a total of 407 active cases distributed among two Senior Probation Officers, carrying a reduced case-load due to other duties, and nine Probation Officers.

The highlights of 2004 included the actual initiation of the implementation of the Community Service Order, after its introduction in the Probation Act in 2003. In fact by December 2004, following recommendations in pre-sentencing reports compiled by Probation Officers, 1,120 hours of Community Service had been issued by the Courts with the Probation Services supervising such work. This unpaid work is carried out in the offender's free time. The direct beneficiaries of such work are various philanthropic societies as well as local councils. The Probation Services has received positive feedback from these entities with regards to the quality of work received and also as they are feeling active in the fight against crime.

Another issue which was put under focus in 2004 was victims of crime. During the compilation of social inquiry reports and pre-sentencing reports, probation officers interview the victims of crime related to that particular case. This is done not only to gather their version of events but also to listen to what the victims have to say, how the crime effected them and their views about the criminal justice system. More importantly, if the probation officer feels that the victim is still experiencing psychological problems due to the crime in question, the victim may be referred for further assistance. By December 2004, over 350 victims had been interviewed by the Probation Services. Victim compensation is also included as a recommendation in a substantial number of these PSRs and as a result a substantial number of victims are financially compensated by offenders.

About Probation Services

Mission Statement

Historical Overview

Beneficiaries and Impact

Services Offered

General Overview