The use of electronic monitoring of offenders in the Maltese criminal justice system : a proposal for implementation

Abstract

The need for this research arises from the fact that in Malta, there is no proper academic bibliographic material that develops the subject, particularly from a legal standpoint.

The objective of this thesis is thus to provide a critical analysis of how the electronic monitoring of offenders can be applied as a precautionary measure and as an alternative to prison, together with other specific objectives. It further examines electronic monitoring programmes used in different countries, legal implications, as well as proposals for the implementation and regulation of electronic monitoring in Malta.

Electronic monitoring has often been termed as an alternative punitive measure to imprisonment, which provides punishment for certain types of offences and offenders through the use of electronic instruments (bracelets, ankle devices or microchips) applied to the body, which do not allow the person to freely move away from a designated place.

There are several expert opinions, some of which define electronic monitoring as useful for the purposes of rehabilitation of offenders. Others instead support its use to serve as an expedient way to avoid overcrowding of prisons, a characteristic that nowadays, many Western countries have a common interest in. Therefore, it is essential to understand whether electronic monitoring really has a rehabilitative function for offenders and how the use of this technique is then related to public security.