A study of the probation act including a comparative study with other non-custodial alternatives to imprisonment

Abstract

The principle aim of this study is to examine the Maltese Probation Act along with non custodial alternatives to imprisonment. Probation was introduced in Malta in 1957 for the first time as the Maltese Probation and Offenders Act, Chapter 152. Since then it has been amended in 2002 to become the Probation Act, Chapter 446. The legislation on probation has given rise to the probation services in Malta which over the years has grown substantially. The Probation Act covers not only probation but also provides for Community Service Orders, Combination Orders, Absolute and Conditional Discharge, Suspended Sentence Supervision Order and payment of damages which comprise alternatives to imprisonment. This thesis will also discuss other alternative options adhered to in other jurisdictions and their possible future implementation in Malta. A critical analysis of the changes in the Probation Act from the previous 1957 legislation will be made. This will involve looking in depth at the new changes and their success and failure so far and the changes they brought about. In analysing the various types of community orders, an assessment will also be made of the types of requirements needed to qualify for probation or other non custodial alternatives to imprisonment. The role of the judges and probation officers will also be examined in relation to making the law function more effectively. The first chapter gives an introduction to probationand non custodial alternatives to imprisonment as well as discussing theories of punishment. The history of probation and non custodial alternatives will be discussed in chapter two. The Probation Order and the Conditional and Absolute Discharge will be discussed in Chapter three and the Community Service Order and the Combination Order in Chapter four. In Chapter five the Suspended Sentence will be discussed as an alternative to imprisonment. In Chapter six other alternatives will be discussed namely fines and other methods found in foreign jurisdictions. Chapter seven will conclude the thesis with an overall view of the present situation in Malta and future amendments and proposals that could be introduced in the Maltese legislature.