In this regard, Member States are asked to make a separated table for each judgement and each probation decision, entering into the scope of the Framework Decision and indicate for each one the following information.
Name of the judgement or the probation decision |
The Maltese name of the judgement or the probation decision is 'Probation Order' and in Maltese it reads 'Ordni ta' Probation'. |
Classification of this judgement or the probation decision |
In Malta's case the most similar definition would be 'alternative sanction'. |
Legal basis of this judgement or the probation decision |
The legal basis is set out in the Probation Act (Cap. 446) which was enacted in 2003 in order to make provisions for a probation order, a community service order or a combination order. |
Definition of this judgement or the probation decision |
According to the Probation Act (Cap. 446), a probation order has the meaning assigned to it by Article 7 of the Act. According to Article 7, the Court may, instead of sentencing the offender, make a probation order, that is to say, an order requiring the offender to be under the supervision of a probation officer for a specified period as ordered by the Court. This specified period will be from 1 to 3 years. If the offender fails to comply therewith or commits another offence, the offender will be liable to be sentenced for the original offence. A copy of the probation order will also be given to the parent or person charged with the upbringing of the probationer, if any. |
Legal Conditions of this judgement or the probation decision |
In Malta, the order will only be made if the offender is convicted of : |
Type of probation measures |
The Probation Act (Cap. 446) mentions 2 important conditions which could be imposed. However, the Court may deem it necessary to impose other conditions after considering the pre-sentencing report presented by a Probation Officer when asked for by the Court, or any other conditions relevant to the nature of the case as deemed necessary. Therefore, the law stipulates that: Moreover, in Court the probationer signs a contract form which also includes a clause stating that the Probation Officer may issue any other directive that is deemed necessary in each particular case. |
Combination of sanctions or measures |
A probationer may be placed under supervision by a probation order and/or a combination order. The latter would include a community service order and a probation order. |
Authority responsible for taking such a decision |
The Authority responsible for taking such a decision is the Courts of Law. |
Authority responsible for supervising |
The Department of Probation Services is headed by a public officer styled Director of Probation Services. In addition, there will be a sufficient number of qualified persons to act as probation officers, appointed by the Minister for Justice and Home Affairs. Article 3 (1-3) of the Probation Act (Cap. 446) lays down the duties of the Director of Probation Services: The Director may delegate any of the above duties to a senior member of staff. The Court may commission the Department of Probation Services to prepare a pre-sentencing report before forming an opinion as to the suitability of applying to an offender a sentence of imprisonment, a suspended sentence or any other measure allowed by law on one or more of the following orders: |
Authority responsible in case of infringement |
The Probation Services are responsible for dealing with infringements. In case of infringements the Director of Probation Services or the probation officer informs the Court about the breach. It is the Court that decides the outcome if such an infringement is proved. In cases where an offence is committed during the operative period of a probation order, a combination order or a suspended sentence, the breach of the sanction in question is included in the charges when the person is charged in court by the police. The tasks and responsibilities of the Probation Services are described by means of Article 21 of the Probation Act (Cap. 446) which states that: Article 21 of the Probation Act (Cap. 446) provides for breach of conditions of orders stipulating that: (2) If it is proved to the satisfaction of the court, that the probationer has failed to comply with any of the requirements of the community sanction order, that court may, without prejudice to the continuance of the sanction, impose on the offender a fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), or may deal with the probationer, for the offence in respect of which the community sanction was made, in any manner in which the court could deal with the offender if he had just been convicted by or before that court of that offence. (3) A fine imposed under this article in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment, but saving the provisions of article 22(1), to be a sum adjudged to be paid following a conviction. |
In Article 4 of the Framework Decision types of probation measures and alternative sanctions are stated. Member States are asked to describe the probation measures and alternative sanctions attached to those judgements and probation decisions:
Other probation measures/alternative sanctions existing in your domestic law |
Explanation |
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Article 28A(1) of the Criminal Code (Cap. 9) provides for the suspended sentence with or without a supervision order (28 G) as follows: Subject to sub-Articles (2) - (7) and to Articles 28B to 28I, a Court which passes a sentence of imprisonment for a term of not more than 2 years for an offence may order that the sentence will not take effect unless, during a period specified in the order, being not less than 1 year or more than 4 years from the date of the order, the offender commits another offence punishable with imprisonment, and thereafter, a court competent to do so orders under Article 28B that the original sentence will take effect; and in this Article and whenever it occurs in Articles 28B to 28G and in Article 28I 'operational period', in relation to a suspended sentence, means the period so specified. Article 11 (2) of the Probation Act (Cap. 446) provides that the Court may, instead of sentencing the offender to imprisonment, order the offender to be placed on a community service order. A community service order requires the offender to perform unpaid work for a number of hours as specified in the order. In any such case no order will require the offender to perform less than 40 hours of work or more than 240 hours. Article 18 of the Probation Act (Cap. 446) provides that the Court may, instead of sentencing the offender to imprisonment, order the offender to be placed on a combination order. A combination order requires the offender to be placed under probation supervision and perform a community service order. Nevertheless, such order will not require the offender to perform less than 40 hours of work or more than 100 hours in addition to any number of hours of work still to be performed under any previous community service order. |
Article 412D(1) of the Criminal Code (Cap. 9) provides that, together with, or separately from, a protection order under Article 412C of the same Code, after proper arrangements have been made or can be made for treatment, the Court may make an order (referred to as a "treatment order") requiring a person to submit to treatment subject to the conditions which the Court may deem appropriate to lay down in the order:
Where any person is convicted of an offence, a treatment order by the court may be made with or without the consent of the convicted person and in the case of a person accused of an offence, a treatment order may only be made with the consent of the accused.
The Criminal Code (Cap 9) provides for treatment orders to persons reprimanded under the Probation Act (Cap 446).
The treatment may be of any of the kinds specified in Article 7(5) of the Probation Act as follows:
The provisions of article 412C(5) and (6) of the Criminal Code shall apply to an order under this article;
If at any time during the period that the order is in force it is proved to the satisfaction of the court that the person has failed to comply with any of the requirements or conditions of the order, the court may impose on such person a fine not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1164.69).
Currently, electronic monitoring in Malta is not provided for. However, consideration is being given to the possible introduction of electronic monitoring in Malta in the future.
Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).
In Malta, the competent authority may require the following documents as listed below in order to be able to give a judgement and where applicable a probation decision :
- Criminal Record;
- Indictment Sheet;
- Previous Court/Tribunal Judgements/Decisions (if any);
- Social Inquiry Report;
- Professional Experts Reports;
- Official Employment Records; and
- Residential Institutions Records.