Mediation between criminals and victims, parole, in new Bill

A mechanism for mediation between criminals and their victims features in a new Bill, launched today, which also includes provisions on parole, a review of remission of prison sentences and victim support measures.

The Bill follows the publication of a White Paper just under a year ago, and an extensive consultation process.

Justice and Home Affairs Minister Carm Mifsud Bonnici, who will pilot the legislation, explained that a committee will be set up to oversee mediation between criminals and victims of crime.

The committee will determine the suitability of both parties for mediation and oversee the mediation process.

Either of the parties may refuse mediation.

Both parties, however, may agree to a Reparations Agreement which would include compensation to the victim, compensation for non-pecuniary damages, community work, participation in rehabilitation programmes, the return of stolen items, a formal apology by whoever would have committed the crime and any other agreement which may reasonably be reached.

A new Victim Support Unit within the Probation Service would work on a Charter of Victims' Rights, establish the criteria for the appointment of mediators between victims and aggressors and promote mediation

PAROLE

An Offender Assessment Board (OAB) and a Parole Board would operate the parole system.

The OAB would consider reports on the prisoners prepared by the Correctional Facility and evaluation reports which would be prepared for all prisoners who apply for parole. Such assessments would include the risk to society if the applicant was granted parole.

The Parole Board, headed by a retired member of the judiciary, would take parole decisions and may impose conditions including payment of compensation to the victims of crime and the carrying by the prisoner of tracking devices. Violation of parole conditions would carry additional punishment.

Prisoners jailed for more than a year would be eligible for parole, however parole would not be available for prisoners held for crimes connected with Immigration, terrorism and other crimes against the state, prisoners who may be extradited at the end of their prison term and those condemned to life imprisonment.

Prisoners condemned to a jail term of between one year ad two years would be considered for parole after serving a third of their sentence.

Prisoners jailed for more than two years but less than seven years would be eligible after serving half their sentence while those condemned to a jail term of more than seven years would be considered for parole after serving 58% of their term.

In all cases, a court may decided on earlier eligibility for parole when the guilty person was aged under 16 and where a court considered that parole was beneficial for the prisoner to be rehabilitated.

REMISSION

Dr Mifsud Bonnici said the remission system at the prisons was being reformed.

The process for remission of prison sentences would be overseen by a new board chaired by the Director of Prisons. The board may impose conditions on prisoners who benefit from early release, including participation in rehabilitation programmes.

The period of early release may not exceed a third of the prison sentence.

Remission would be available for prisoners whether or not they applied for parole..