Man gets 30 prison sentences; 5,000 imprisoned in last five years
‘Dignity given to the victim’
Home Affairs Minister Carm Mifsud Bonnici told Parliament yesterday that one of the inmates at the Corradino Corrective Facility had gone to prison more than 30 times. Nine others had been condemned to serve a prison sentence more than 16 times while 41 prisoners had been imprisoned twice. During the last five years, 5,000 people had gone to prison either for a few days until they were granted bail or for short- or long-term imprisonment.
Introducing the debate in second reading, Dr Mifsud Bonnici said the Restorative Justice Bill provided a mechanism for mediation between criminals and their victims, provisions on parole, a review of remission of prison sentences and victim support measures. It followed the publication of a White Paper and an extensive consultation process.
The parole system aimed at giving those serving one or more prison terms the chance to reform and to be released on parole if they followed incentive programmes.
The system was built on a framework, he said.
The minister explained that a criminal had to appear before an Offender Assessment Board which established the road map the lawbreaker had to follow. These included restorative justice programmes which assisted the prisoner in his reformation and reintegration into society. The board made recommendations to the Parole Board on whether he ought to be released on parole or not.
The Bill also attached importance to victims. Criminal procedures over the last 12 years had changed, giving victims the chance to submit their case before the courts and also request judgment on the civil damages suffered.
Under the Probation Service, a victim support unit was to be established. There would also be a victim-offender mediation procedure.
Mediation was considered as a means of reparation for the victim and the offender at any stage of the criminal process. The victim support unit also provided assistance to the victim in claiming compensation for injury and other damages sustained through crime.
Dr Mifsud Bonnici said parole and remission should encourage prisoners to reform. Persons who did not want to collaborate would have to serve their entire sentence.
Meanwhile, the Bill identified persons eligible for parole and the time during which a prisoner could apply. Persons imprisoned for less than a year would not be entitled to parole because there would not be enough time to draft their reform plan. But these would still be eligible to remission.
Prisoners subjected to extradition, non-Maltese citizens who would be deported after their term of imprisonment, prisoners imprisoned for coup d’état, prisoners imprisoned for terrorism and those imprisoned for life would not be entitled to parole.
Dr Mifsud Bonnici said that, since this was a new system, one should ensure that it would be implemented correctly.
Those imprisoned for less than two years would be eligible for parole after they would have served 33 per cent of their sentence; those serving between two and seven years after 50 per cent; and those imprisoned for more than seven years after they would have served 58 per cent of their sentence.
Nevertheless, the court could set an earlier date of eligibility if the person guilty of a criminal offence was under 16 years of age and where the court believed that circumstances so required.
Persons who had rehabilitated themselves from drug abuse would be immediately entitled to parole if they were imprisoned for pending cases.
The board could impose a number of conditions on persons applying for parole. Parole Officers would report to the board if a prisoner broke the conditions set.
The minister said the Bill would apply not only to new cases, but also to those already in prison. He felt these new mechanisms had to be introduced quickly.
He reassured the House this was not a move to reduce the prison population. A new remission board would be appointed. Prisoners who did not wish to be considered for remission would have to serve their whole term.
More dignity was being given to the victim. The Victim Support Unit’s function was to supervise the victim-offender mediation and to see which cases were suitable for mediation. But there was no obligation on victim and offender to take part in the mediation process if they did not want to.
The restorative justice system would enable the prisoner to take on a programme which would help him understand his wrongdoings. Indeed, the aim was to eliminate relapsing. Prisoners suffered from stigma and found it difficult to restore their reputation, but the parole system would change society’s perception, Dr Mifsud Bonnici said.