Probation laws, conditional discharge and suspended sentence in Malta : a critical analysis

Abstract

As criminal law seeks to incite order within the chaos of modern societies and its issues, punishment for transgressions of members of society is inevitable. Nonetheless, punishment should not be restricted to imprisonment, although this forms part of three of the five principles of punishment, deterrence, punishment and incapacitation, imprisonment on its own is not always the ideal form in which punishment should be carried out. Although the purpose of imprisonment may also satisfy the final two principles, reparation and rehabilitation, this is not always guaranteed. On the other hand, when it comes to noncustodial punishments, such as probation, conditional discharge and suspended sentences, the element of reparation and rehabilitation is heightened. This is as non-custodial punishments change their primary focus from punishment to rehabilitation. When one ponders on the thought that individuals may be punished without having their behaviour corrected, the appeal of imprisonment is severely lessened. Furthermore, due to the focus of non-custodial punishments being the rehabilitation of the individual, the possibility of reoffending is lessened. It could therefore be argued that rehabilitation is a more effective tool to protect society than imprisonment. The application of non-custodial punishments is not indigenous to the Maltese jurisdiction. To this effect, the researcher has considered writings, cases, and legislation from foreign jurisdictions in order to create a critical analysis of the current laws in effect in Malta. Due to the nature of the study, the researcher opted to use a qualitative approach in order to create comparisons between the jurisdictions referenced. Ultimately, this paper’s findings contribute to the legal field by having the researcher make their recommendations in the final chapter of this paper, which are based on their findings.