Fourteen people were convicted of child-related crimes, including rape and defilement, since January, when the child offenders’ resister came into force.

Yet, the register remains empty even if members of the judiciary have the discretion by law to list an offender.

“This is a clear indication of the conservative mentality of the courts. Almost six months have passed (since the law came into force) and no one feels the need to use it,” former Justice Minister Carm Mifsud Bonnici, who spearheaded the law, said.

He called on magistrates and judges to use the “very good instrument” made available to them to protect children.

“It’s wrong to refrain from registering someone who should be listed. You are protecting society and also that person (the offender) in the long run by not allowing him to be in contact with children,” he said.

This was echoed by the Children’s Commissioner Helen D’Amato, who said: “It is obvious that this new tool cannot be effective in protecting children from crime unless it is applied whenever possible.”

The register was meant to start being compiled as from January 20 when the Protection of Minors’ Act came into force.

Eight of the 14 people found guilty of abusing minors had appealed, a spokesman for the Justice Ministry said.

The register is held by the Registrar of the Civil Courts and is accessible to entities that work with children. They will have to apply to the court to obtain the information. The ministry spokesman said one government agency applied to inspect the register.

The spokesman said: “The government provides all the necessary tools and legal framework for the judiciary to operate and perform its duties.

“However, the government respects the autonomy of the judiciary in making decisions and in applying the law.”

Insisting that the court’s autonomy and discretion had to be respected, Ms D’Amato called on the courts to exercise their discretion “fully conscious of the importance” of the child offenders’ register as a tool that is in the best interest of the child.

Lawyer Ramona Frendo, on the other hand, said the law should not give the courts discretion when it came to serious offences committed against children.

She believes the courts should apply the law, “otherwise what was the point of kicking up all that fuss about the register?”

Originally, the offenders’ register was planned to list people convicted only of sex offences against children.

When should the court list an offender?

The law states that an offender should be listed in the register:

• If convicted of a crime listed in Schedule 1 that includes rape, having sex with minors, defilement, child abduction, prostitution, pornography, trafficking in minors, harassment and neglect. However, the court may decide not to list the convicted person “if it deems it appropriate”.

• If found not guilty of such an offence by reason of insanity.

• If convicted of a crime not listed in Schedule I and the court believes the person is a threat.

What next?

• Once the court orders that a person is listed, it will ensure that the final judgement is communicated to the registrar responsible for keeping and updating the list.

• Once listed, a person will not be able to be a member, work or hold any position within an establishment or organisation involved in education, care, custody and welfare of minors.

• Listed convicts can apply for a revocation through the Criminal Court.