The Electronic Monitoring Act (Chapter 651 of the Laws of Malta) introduces a comprehensive legal framework regulating the use of electronic tagging as a mechanism for monitoring individuals subject to criminal justice measures. The Act represents a significant development in Malta’s sentencing, parole, and enforcement architecture, balancing public safety considerations with rehabilitative and proportionality principles.
The Act establishes an electronic monitoring system designed to track the movements of persons subject to an electronic monitoring order through secure electronic devices. Its stated purpose is to provide an alternative to custodial measures in appropriate cases, while ensuring effective supervision and enforcement.
Electronic monitoring may be ordered by:
- the Courts of Justice,
- the Correctional Services Agency, or
- the Parole Board,
depending on the procedural and substantive context in which the order is issued .
Orders by the Courts
A Court may issue an electronic monitoring order following a criminal judgement where the sentence imposed does not exceed one year of imprisonment. The Act expressly excludes its application to offences punishable by more than two years’ imprisonment and to specific offences listed in Schedule III, including serious crimes and offences involving vulnerable persons.
Where issued following a sentence, an electronic monitoring order operates to suspend confinement in prison, subject to the consent of the person concerned, who must sign the prescribed form set out in Schedule I .
In certain situations, however, consent is not required. The Act permits mandatory electronic monitoring where an order is issued in conjunction with protection or supervision orders under articles 382A, 383, 412C, and 540A of the Criminal Code. Notably, the Act also allows for the electronic monitoring of victims, subject to their consent, where this is deemed necessary for their protection.
Orders by the Correctional Services Agency and Parole Board
The Chief Executive Officer of the Correctional Services Agency may issue electronic monitoring orders in respect of prisoners granted prison leave, while the Parole Board may impose such orders as a condition of parole. In both cases, electronic monitoring functions as a supervisory tool aimed at facilitating gradual reintegration into society while maintaining oversight .
Conditions and Supervision
The standard conditions attached to electronic monitoring orders are set out in Schedule I and include residence requirements, curfews, movement restrictions, and prohibitions on entering specified localities. The Court retains discretion to vary these conditions according to the circumstances of the case.
The Act designates the Local Enforcement System Agency as the “responsible authority” tasked with procuring, installing, and maintaining electronic monitoring equipment. The authority is empowered to conduct unannounced inspections, analyse suspected breaches, and liaise with issuing authorities and the Police where necessary.
Breaches, Enforcement, and Criminal Liability
Any breach or suspected breach of the conditions imposed under an electronic monitoring order may result in the review or withdrawal of the order by the issuing authority. In urgent cases, the person concerned may be arrested without a warrant and returned to custody in accordance with applicable regulations.
The Act also creates specific criminal offences. Tampering with or removing electronic monitoring equipment constitutes a serious offence punishable by imprisonment of between six months and two years, a fine, or both. A limited defence is provided where removal occurs in a situation of emergency, subject to proof to the satisfaction of the Court .
Oversight and Regulation
To ensure accountability, the Act establishes the office of the Electronic Monitoring Regulator. Appointed by the President on the advice of Cabinet, the Regulator is entrusted with overseeing the implementation of the Act and may conduct inspections, including unannounced visits, of facilities operated by the responsible authority.
The Regulator is required to submit an annual report to the Minister responsible for home affairs, which is to be tabled in Parliament and may include legislative or operational recommendations.
Given the intrusive nature of electronic monitoring, the Act devotes a dedicated part to data protection. It expressly safeguards the applicability of Malta’s data protection framework governing criminal justice processing and requires strict compliance with principles of lawfulness, necessity, and proportionality.
Personal data processed under the electronic monitoring system is limited to what is strictly necessary and must be retained for no longer than one year following the termination of the monitoring order. The Act further mandates data protection impact assessments, audit trails, and role-based access controls, underscoring the legislator’s intention to align the system with fundamental rights standards .
The Electronic Monitoring Act marks a decisive shift towards more flexible, technology-driven alternatives to imprisonment within Malta’s criminal justice system. While its success will ultimately depend on effective implementation and judicial prudence, the Act provides a structured and rights-conscious framework capable of enhancing rehabilitation, reducing custodial pressure, and improving compliance monitoring.
Written by Julian Mifsud – Legal Intern
