An analysis of the parole process under the Restorative Justice Act

Abstract

The introduction of parole in Malta was an important step in the development of the island's criminal justice system. Parole was introduced on the premise that each prisoner can rehabilitate himself and earn his freedom. Parole was also intended to help in the reintegration of the offender into society. The enactment of the Restorative Justice Act was the result of hard work taken by the Ministry of Justice together with organisations and professionals in the field. The parole system introduced under the Act is welcoming however certain issues deserve to be addressed. Despite the recommendations of the specially formed Task Force and of other professional bodies, life prisoners remain ineligible for parole. Also, the parole proceedings under the Act do not respect the principles of fairness. In this thesis I will argue that prisoners serving a life sentence should be eligible for parole after serving a determinate period of incarceration. I will argue that the current system of release is arbitrary and discretionary and thus should not be employed as the main scheme of release and should only serve as an ancillary system of release. I will also argue that the procedures should be fair to all prisoners and should respect the rules of natural justice. The parole applicant should be allowed to participate fully in the decision-making process. The applicant should also have access to information, be allowed to introduce new information, have legal representation and should be given reasons for a negative decision. Furthermore an offender should have an avenue for appeal and should also benefit from the system of review found under the Administrative Justice Act.