Register for offenders on the horizon
"We don't want this to become a witch-hunt" - minister
Sex offenders and anybody who poses a serious threat to children will face life listed on a register under a new law that is expected to come into force by the end of the year.
The Protection of Minors Registration Act will empower the court to use its discretion over who should be placed on this register depending on the gravity of the case, Justice Minister Carmelo Mifsud Bonnici told The Sunday Times.
"The message behind this law is maximum protection for children. We want to ensure those entrusted with children's well-being are not a threat," he said.
The long-awaited register will not be implemented retroactively, which means the names of paedophiles convicted before its introduction will not be listed.
Although this means the register will not be a definitive source, Dr Mifsud Bonnici said it impossible to apply this law retroactively to those who would have already been convicted as they would have to be tried again for the same crime.
The Bill will be published for debate by the beginning of September, and if the process proceeds smoothly will be enacted by the end of the year.
The objective of this law is to protect minors (under 16s) from serious crime - not just offences of a sexual nature - which explains why the list is no longer called a sex offenders' register.
For example, anybody caught selling drugs to children or trafficking in the vicinity of a school or other place frequented by minors risks having their name placed on the register for life.
Would the register also list, for example, a 17-year-old caught selling ecstasy to his 15-year-old friend?
"It is for the court to determine the gravity of the crime. Through this law we want to provide greater protection to children. We'll see how it works and then take stock of the situation. We have no intention of creating injustices, or letting people get away either," Dr Mifsud Bonnici said.
The Bill also states that if a court deems a person's crime to be a potential danger to children it can place their name on the register even if the crimes they are convicted of are not listed in the law.
The register with the offenders' names will remain in court and will not be readily available for the public to see.
"We want to give this law teeth, but we don't want this to become a witch-hunt. We need to ensure this register works in a small community like Malta," Dr Mifsud Bonnici said.
Instead, the register will be accessible to any institution, establishment or organisation which provides a service or activity involving the education, care, custody, welfare or upbringing of minors.
Checking the register before employing somebody in the field is not based on a carer's suspicion. Instead, relevant entities, be it schools or scouts, are legally obliged to request access to the register.
If they do not check a person's name against the register, the individual responsible for the relevant entity may be charged with a crime.
The Bill proposes that those on the list will be obliged to inform the Court Registrar regularly about their current address, any change in their place of residence, as well as any planned trips outside the country.
This is intended to provide information to other countries about the movement of offenders through EU-wide crime information sharing networks being created.
The idea to have a paedophile register surfaced in mid-2006 following a controversy involving the Malta Football Association, which 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.
A popular call for the register resurfaced in 2008, along with tougher penalties for sex offenders, following the case of a 37-year-old religion teacher who admitted in court to sending SMS messages with sexual connotations to former students aged between 13 and 14.
The publication of his name was banned by the court but an infuriated chain e-mail message was sent, revealing his identity.
At a glance
• An offender's name will remain on the register for life.
• The register will be under the court's responsibility, and it is the court that will decide whose crime is grave enough to be listed.
• It will also be the court that accedes or denies requests to access the register. It will not be directly accessible to the public.
• The register will be accessible to any institution, establishment or organisation that provides a service or activity involving the education, care, custody, welfare or upbringing of minors.
• These entities will be legally bound to access the register before employing a person who will come into contact with minors (under 16s), or be charged with a crime.
• The Protection of Minors Registration Act is expected to be enacted by the end of the year.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
'No need for early election if PM's...
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
42 Comments
Post comment
Please sign in or create your Account to post comments.
Charmaine Marmara'
Aug 3rd 2010, 18:09
about time ....name them and shame them
Jeremy Zammit
Aug 2nd 2010, 16:34
Shame on the Minister. These measures are just populist ones - they will NOT protect children but will make the unthinking masses that elect him to power vote for him. It is a well established fact that most abuse occurs by people not known by the sex police. People who get on the register are ostracised, victimised etc and these are things that lead to isolation and possible recidivism.
But what does he care? When you want to be re elected all you care about is pandering to the unthinking masses. What is the difference between Carm Mifsud Bonnici (PN) and Adrian Vassallo (MLP)? Nothing. Similarities: they are mistaking their own private (warped catholic) morality for criminal justice.
Leo Bartolo
Aug 2nd 2010, 12:10
It's about time that such a register is introduced to safeguard our children. I would also recommend the introduction of a register for offenders of Domestic Violence.................. Most probably it's only wishful thinking
Charles J. Buttigieg
Aug 2nd 2010, 08:31
We find it so easy for to condemn other countries for miscarriage of justice! We had so many cases of innocent people, accused of crimes, kept in prison for years awaiting trial and then found innocent. Have we already forgotten the sad case of the former prison warder who also had to wait so many years to be awarded compensation? We also had our fair share of people who were sentenced to long term imprisonment and then released after waiting years behind bars waiting for a retrial.
George Vella
Aug 2nd 2010, 03:24
Hon. Minister, it is a very good start, but sorry to say that it is far from refined. Keep it up for the future to make it better. Yet similar registers to protect children should be drawn up, e.g. drug abuse, alcohol and cigarette sales to minors, swearing in public places in front of children, disheartening in public education by calling children that they are good for nothing, introducing minors to prostitution and etc.etc. Thanks.
D. Logue
Aug 2nd 2010, 01:54
Does anyone bother looking at the debacle in the USA before passing sex offender registries in their countries?
Sex offender truth: http://www.oncefallen.com/
j.camenzuli
Aug 1st 2010, 22:34
What if the accused is a minor below the age of 16. Would his name be entered in the offenders register? I am thinking of 14 or 15 year olds who get a girl below age 16 pregnant.
It seems to me that this isn't a Sex Offenders Registered but an Offenders Register and looks like anybody who breaks the law will have his name registered.
Mary ann Borg
Aug 1st 2010, 22:25
I welcome the introduction of a sex offender register. Hopefully it will prevent some sex offenders from working with children, in institutions. However what use will it be for parents who need to protect their children from sex offenders in the community? As they have done in the UK and USA parents should also be able to consult the register to check if persons they suspect or are unsure about are actually sex offenders. Most sexual abuse takes place in the family home...by persons who are 'friends', or relatives of the parents of the child!
john abdilla
Aug 1st 2010, 20:48
@R. Ebejer
Are you ALL seriously concerned about abuses? Then, you can ban many of the clubs at Paceville from opening.
Do you know how much abuse (verbal, physical, moral, etc) takes place in Paceville? It seems that the society is detached from this social situation or worse than this, it is ignoring it. This is one of the reasons that the clubs in Paceville MUST be guarded by Policeman and not bouncers. Some bouncers at certain clubs (not all of them) become notorious for their verbal abuse and worst than that even physical abuse on certain innocent people. They start ridiculing innocent people and even beat them (even though they have closed circuit cameras in close vicinity of their clubs)
Do you really want to protect our generation? Don't let them go to Paceville. It is not only unfit for the young generation but also for all the society. We need a civilized society and not a mecca that erodes the human values (respect, security, etc) on behalf of 'entertainment'.
r.ebejer
Aug 2nd 2010, 16:22
yes i am seriously concerned about abuse..but please don't be ridiculous!!! Paceville is a place of entertainment, were people go to enjoy themselves AND they are old enough to know whats good and whats bad..besides, when they go to paceville they know what they're going to get themselves into..17 year olds aren't children!!can't you get it?? in this generation not even 15 year olds are children!! this is what i don't like : in malta till the age of 18 you're still considered a child..how come?? in my mind when i hear the word "child" i picture 2 - 13 / 14..i've been going to paceville for the past 10 years and i know what can happen..besides mr. abdilla..physical, mental, emotional etc abuse DOES NOT happen only in paceville (village festas? school (shall we ban school aswell???))!!! why why why when an argument crops up Paceville is always mentioned?? why?? please answer my question as i would like to know why this always happens...thank you
D.Galea
Aug 1st 2010, 17:38
I'm flabstaggered that the concerned authorities haven't taken any of the lessons learnt especially from the United states especially when it comes to the consequences of such registers.
Although the nature of the offenses are certainly horrific and have to deal with in a decisive, the people behind them are still human beings with feelings and families who love them, thus they still fall under the responsibility of the society to try their best to reform them and not exclude them from society for good. This is one of the toughest challenges of social inclusivity
Alfred Bugeja
Aug 1st 2010, 22:47
You cannot compare the register being proposed by the Minister to that of the United States. It's a different kettle of fish.
The Maltese register will not be available to all and sundry, while the United States gives total freedom to anyone to access it.
The fact that it will be under the jurisdiction of the Courts of Justice is an added safemeasure that the information within can only be accessed by those who need it, if their request is accepted by the Court.
Peter Korsten
Aug 2nd 2010, 09:14
If it's a choice between the well-being of my child, and the rights of an individual causing harm to my child, I know what I would choose.
But even though this government has a lot of faults, it does do a couple of things well, and this might well be one of them. Remember that Malta was one of the first countries to recognise the crime of rape within a marriage.
D.Galea
Aug 2nd 2010, 09:47
You are wrong.
Th proposed application of the proposed Maltese registry and the level it got in the United states is different but in principle they are both the same.
On the rest, we shall see as time goes by, I honestly hope that you will be the one to be proven right in the end but I have many good reasons not to be as optimist I'm afraid. Note that this registry could possibly be a start of a whole chain.
t. borg
Aug 1st 2010, 17:19
ghandu wkoll isir registru ghal min ibiegh bi prezzijiet aktar milli suppost bhal medicini ghax dan ukoll imur kontra l-interess tat-tfal.
r.ebejer
Aug 1st 2010, 18:43
Inti qed thallat abbuz sesswali fuq tfal ma prezzijiet ta medicini...kemm nippreferi li lit tfal jisirquwom 1euro iktar milli jistuprawhom!!!!thallatx hass ma basal siehbi..nifmhu il punt tieghek ta imma x'differenza kbira hemm bejnietom!!!!
t. borg
Aug 1st 2010, 19:25
@r. ebejer. iva fejn hemm il-faqar hemm aktar prostuzzjoni u abbuz ta' tfal. forsi inti sid ta' xi hanut illi euro l-hawn u euro 'l hemm tarah tajjeb imma min ghandu paga minima u bit-tfal jarah abbuz u serq minn halq uliedu.
edward bartolo
Aug 1st 2010, 17:13
Every citizen has the right to be protected because everyone can be in a vulnerable situation.
Why only protect children?! As an adult citizen I have the right to be protected just like legal minors.
Maria Zammit
Aug 1st 2010, 16:44
The sex offender's register, soon to be here BUT when we do something, do we have to mess it up dear Minister?
What use is a sex offender's register if it is to be kept hidden AND moreover if it will include all sorts of crimes involving children like the selling of drugs etc? What a non-sensical idea!!!
What use is the register for the public who have a right to know if so and so is a phaedofile? Since that is incurable having the register made public and the offender on the list for life will be beneficial to the offender (as a deterrant) and to the public (preventive). Very simple reasoning. Making a general register is a stupid idea!
D Bezzina
Aug 1st 2010, 18:31
Maria the sex offenders list in my opinion is crucial and very much in need as i am sure you are aware .
Even in the Uk the sex offenders list is kept for the police ,social services ,employers and anyone wanting information re a person when applying for work involving children .I believe in the Usa it is freely available but that of course has its repercussions .
Malta is smaller and one can only imagine what a vicious rumour could entail but the protection of the children is paramount so i agree with this totally .
Its not as straight forward as one would like but its a start so i personally welcome it .
Alfred Bugeja
Aug 1st 2010, 22:42
You are very right D Bezzina. In the US, there is even an iPhone app which shows a map with the owner of the phone in the middle with red dots representing the addresses of people who are on the sex offenders register around you.
Making the register available to everyone would be counter-productive in the end. On the other, hand, putting it under the courts' jurisdiction will provide the necessary security because no one would be able to access it without being granted permission by the court.
A. Mallia
Aug 1st 2010, 16:19
I was just wondering whether - since most cases involving the abuse of minors usually result in the banning of names of the perpertrators to protect the victims, thus leaving such paeophiles anonymous and, hence, possibly working in schools or the like - any/all institutions/organisations/entities whose primary/secondary function is the care, education, welfare or entertainment of minors would be legally obliged to checked the names of any of the persons ALREADY in their employ and any of their CURRENT volunteers against the said register.
CHARLES ABELA
Aug 1st 2010, 14:14
I get a sense of relief when reading comments, the kind of Paul Barret...constructive, compassionate, yet holding fast to the unwavering principles of justice involved, It could not have been articulated , better .
D.Galea
Aug 1st 2010, 13:30
I think the most dangerous aspect of these proposals is that it will throw everyone into one basket no matter the range and seriousness of the crime with no classification or differentiation, this will most likely backfire in the lawmakers face as it throws out the notion of any giving any chance for the rehabilitating an individual to return to society.
A compulsory listing on such a register for life mean nothing but tarnishing a person's life out of society for good and while this not only gives a false sense of security, it might very well mean that these people might very well be left with nothing more to loose, we can only imagine the possible consequences this might lead to.
Also the suggestion that wide variety of crime will be included in the same register mean that it can be argued that any convict could find their way on this register creating a society within a society, it is an extremely dangerous idea where it is very apparent much largest nations then this one have been much more cautious to no risk creating. With the same argument this register is set to become very large indeed.
Alfred Bugeja
Aug 1st 2010, 16:28
You are wrong.
Being on the register as such will not tarnish anyone in the eyes of society for the simple reason that it will not be accessible to the general public, but only to institutions involved in the "education, care, custody, welfare or upbringing of minors "
D.Galea
Aug 1st 2010, 17:57
I understand Mr.Bugeja, I note the considerations the authorities have taken in deciding to so do in light that this is a very tiny island but in practice it would be only a matter of time until these are leaked to full public knowledge. I am afraid there are many irresponsible people out there would would care less for such considerations and worse some who would have nothing better to do then scout such lists for their own ulterior motives. The authorities must also be very vigilant on these factor if they want to avoid possible crime instigated by such behaviours, it's a very delicate issue.
Miguel Micallef
Aug 1st 2010, 12:46
This law is crazy and it is extremely obvious how misguided the intent is. Why even call it a 'sex offender register' when then you have to explain that it's not really about sex related crimes but anything? Why isn't it called a 'crime register' then?
Apart from that, let's consider some examples:
Will the 21 year old editor be called a sex offender now?
Will the person leaving nude plastic mannequins in his shop be a registered sex offender?
Is this practical and logical?
The irony of it all : the institution historically known to organize or at least tolerate and harbor child abuse goes above the law.
Malta is in very troubled times, and in times like these scapegoats are used to quench the public's thirst for blood, to make up for the failure the state is in.
Those of you who can move away, you are still in time.
Alfred Bugeja
Aug 1st 2010, 16:25
I think you should find time to read the article again.
If you do, you'll realise that the answer to all your questions will be a resounding 'no' because a person will need to commit a crime in relation to children to end up on the register - selling drugs to them, or sexually abusing them.
If you have children, you will realise that this law is urgently required. The examples quoted towards the end of the article are ample proof of that.
C. Zammit
Aug 1st 2010, 11:49
I think people should read this story:
http://malta-exposed.blogspot.com/2010/01/on-sex-register.html about a young man who was put on teh sex offender's register before they agree with what the minister of Justice is doing.
And this is an article that lists the pros and cons of a sex register:
ttp://malta-exposed.blogspot.com/2010/01/sex-crime.html
Jeremy Zammit
Aug 1st 2010, 11:36
Why is a minor listed as someone 16 years or younger in the report above? I know of cases of people accused of defilement of minors in Malta when the said minor was just under 18 years of age.
And why does a person on the register who has served his or her sentence have to tell the court if he is going abroad, if he changes address etc? So a guy who has sex with his 17 year old girlfriend and is labeled a paedophile for life must tell the court if he is going abroad but a guy who brought to Malta a couple of kilos of heroin is free to move about.
This does not make sense Dr. Carm! I can see hat you legislation is based on your Catholic morality with its obsessive fixation on anything sexual.
Ramon Casha
Aug 1st 2010, 10:54
"An offender's name will remain on the register for life."
I hope that doesn't mean what it says See:
http://www.timesofmalta.com/articles/view/20100731/world-news/us-frees-innocent-man-after-27-years-in-jail
I. Galea Cassar
Aug 1st 2010, 22:44
in the us, a man is guilty until proven innocent. In Malta, a man is innocent until proven guilty beyond reasonable doubt. Taking the judiciary system in Malta into consideration (including long-winded court cases, and way-too-lenient sentences given in many cases) I think it's safe to say that it's highly unlikely something that extreme will ever happen in Malta.
Ramon Casha
Aug 2nd 2010, 08:45
I disagree. Here in Malta, justice is a hit-and-miss affair, depending on the mood and attitude of the magistrate in question. The laws don't help. For instance, it's illegal to "corrupt a minor", but the law doesn't define what actions would corrupt a minor, so it can mean literally anything. How about an 18 year old adult who has sex with a 17 year old minor? This is probably illegal (depends whether sex "corrupts"), but would it merit a lifetime on this register without the possibility of appeal or revision of the sentence?
Good intentions are not good enough.
I. Galea Cassar
Aug 2nd 2010, 19:01
however it says here that the court will use its discretion to decide who shall be put on the list, to which i totally agree. Do you really think that an 18-year old "corrupting" a 17 year-old would be considered a child molestor fit to be on the list for the rest of his life? I think it is highly subjective to the circumstances involved. I just hope that the "discretion" mentioned will be used fairly by the courts.
having said that, I do agree that the laws of Malta have considerable loopholes that need amending.
Paul Barrett
Aug 1st 2010, 10:53
Quote: These entities will be legally bound to access the register before employing a person who will come into contact with minors (under 16s), or be charged with a crime Unquote.
Will this check by employers also include Public Transport Drivers, Taxi Drivers, Hotel Staff, Passenger Ferry Staff, Staff employed in restaurants and café's, Lido Staff, Ambulance and Hospital Staff, Wardens, Airport Staff, Shop Assistants, Hawkers, Religious entities, Social Services Staff - the list could be endless.
The offence against minors is admittedly of serious concern but there is a danger here of tarnishing an individual for life for a relatively trivial breach and making it impossible for rehabilitation.
It might be worth considering a "Rehabilitation of Offenders" Act where offences can be cleared from the slate after a certain number of years clear of any type of other offence. Less serious cases cleared after say 5 years, medium cases 10 years and only the most serious cases (physical sexual abuse of a minor for instance) registered for life.
Malta already has a system of obtaining a Police Clearance Certificate where employers can demand the employee produce a clean criminal record certificate - this is surely just a duplication.
Louise Vella
Aug 1st 2010, 10:14
Justice Minister Carmelo Mifsud Bonnici, who clearly has the welfare of children at heart, should also:
1. Impose mandatory reporting to civil authorities by institutions (such as, Girl Guides, Boy Scouts, the Catholic Church and institutions falling within it, football nurseries, schools etc,) of any person suspected of child abuse within the institution.
2. Prosecute officials of such organizations or institutions for covering up cases of sexual
abuse of children.
Indeed, history will judge us all if we do not bring institutions to account for the suffering of children.
patrick zammit
Aug 1st 2010, 11:42
Louise
I agree perfectly with what you said.
However, re your item 1, I think the authorities can (if they want to) prosecute persons in the institutions you mentioned, who know of abuse and not reporting it to police, for perverting the course of justice. The legal framework is already there. But laws have to be enforced.
Manuel Mangani
Aug 1st 2010, 16:27
what if if child who has been abused( or his/her parents) wishes the institution (sa,y the Church) to investigate the matter and move against the perpetrator, but does not wish to involve the police? If reporting to the police were to become mandatory, in such cases, the abused person would probably keep back from reporting the matter to the institution, thus allowing the perpetrator free rein to abuse others.
The current system, which allows the abused person, the choice to report the matter to both the Institution and the police, or just to one of the two, is preferable.
Paul Barrett
Aug 1st 2010, 16:31
@ Louise Vella
Quote: of any person suspected of child abuse within the institution. Unquote.
This is definitely going to far to far. The pressure on the person responsible would be enormous to report suspicion/rumour. It would leave the gate open for anyone to start a rumour or accuse anyone without investigation, proof and without trial thus a legal conviction, condemn them for life on the register.
There is already a certain amount of fear in the UK of actions being misread where people will not go to the assistance of children in trouble or distress or needing help in case they get accused of "inappropriate conduct". Yes children need protection from abuse but do not go over the top in your enthusiasm and throw the baby out with the bath water.
t. borg
Aug 1st 2010, 16:59
@louise. mela tiddejjaq tghid qassisis u isfqijiet jew dawn ghandhom xi immunita'? f'dan ir-registru ghandhom jidhlu wkoll dawk kollha taht it-tmintax-il sena ikkonsidrati minuri li jaqilbu d-dinja u li jivvintaw stejjer ta' stupru. forsi wkoll lil min jemminhom. kollox propaganda.
patrick zammit
Aug 2nd 2010, 13:40
Manuel
Since these matters are of a criminal nature, I think that at law, police have a duty to investigate/prosecute irrespective of what the parties want.
Also, do you agree that a simple disrobement (as the maximum punishement by the church) of a cleric is appropriate if found guilty?
Manuel Mangani
Aug 3rd 2010, 22:18
A permanent suspension from the priestly Ministry would not be fitting punishment, but it is preferable to have at least that, rather than a situation where some cases of abuse would go unreported because the victims would not wish the matter to come to the attention of the police.