OPENING ADDRESS BY THE HON. TONIO BORG, MINISTER FOR HOME AFFAIRS, AT THE INTERNATIONAL SYMPOSIUM "PROBATION ? A EUROPEAN PERSPECTIVE" ORGANISED BY THE CONFERENCE PERMANENTE EUROPEENE DE LA PROBATION

Prior to 1944, alternatives to incarceration were unheard of. It was Sir Alexander Patterson (H.M. Commissioner of Prisons for England and Malta) who suggested the introduction of release on licence and the introduction of probation especially for young, first time offenders. Apparently, these recommendations were conceived as too lenient and remained shelved until 1955 when the Hon. Mr Justice Guz'? Flores picked them up.

Judge Flores advocated probation and in fact, adopted it in principle. He focused on the actor not on the act and believed that individuals might be induced to infringe the law by factors on which they might have no control. Consequently, Mr Justice Flores sought to understand the social background of offenders that were brought before him with the help of local police and parish priests. Thus, the Maltese islands saw the birth of probation, which was legally implemented in 1957 when Parliament passed the Probation of Offenders Act.

The first Probation Officers (two men and three women) were employed in 1961 and were based in the Department of Social Welfare. For thirty years, these probation officers monitored offenders with the help of their social work colleagues. From 1991, the Maltese Courts started issuing suspended sentences with supervision orders. Offenders who received these sentences had to be supervised by probation officers.

This development, coupled with judicial demands, prompted the government to start training probation officers at University level. The Institute of Forensic Studies provided this training and was instrumental in the setting up of the Probation Services Unit. The first four, university-trained probation officers started working in 1994 with the Department of Correctional Services.

At present, the Probation Services Unit is comprised of eight fully qualified probation officers who work under the leadership of two senior probation officers. The heavy caseload shouldered by this unit is evidence that the local (Maltese and Gozitan) courts have full confidence in the professional services provided by it. In the year 2000 we see an increase of 111% in the probation caseload. The demand for probation services is always on the increase, thus the need to employ more probation officers. An additional two probation officers have just been appointed and, next October the Institute of Forensic Studies will be running a new Diploma in Probation Course.

Offenders might be drawn to deviant behaviour, by factors beyond their control however, society cannot remain indifferent. The dangers of complacency are evident. Law breaking must be discouraged for the benefit of society. The age-old controversy remains the choice between ‘retribution' and rehabilitation. The victimised tend to militate for strict interpretation of and adherence to the laws, claiming that those who violate should just get the punishment they deserve, no matter what. They might fail to note the dangers society faces when the punishment is over. ‘Retribution' breeds resentful ex-offenders who, once they are let loose in society, find no alternative route other than criminality. On the other hand, punishment based on the concept of rehabilitation equips offenders with the necessary skills to live as law-abiding citizens. Probation is such punishment. The services offered by the Probation Services include:

Pre-sentence Investigation Report (PIRS)

Monitoring offenders under Probation Orders

Supervising offenders under Suspended Sentence Supervision Orders

The provision of these services entails considerable work of great responsibility. In fact, probation officers have responsibility to:

provide the courts with advice and information on offenders to assist in sentencing decisions,

implement community sentences passed by the courts,

design, provide and promote effective programmes for supervising offenders safely in the community,

assist prisoners, before and after release, to lead law-abiding lives,

help communities prevent crime and reduce its effect on victims,

work in partnership with other bodies and services in using the most constructive methods of dealing with offenders and defendants.

Thus, probation officers play an active role in crime prevention (reduction of recidivism) and community safety. It is for this reason that government is committed to continue strengthening this unit and expanding its services. Indeed, probation in the Maltese Islands has gone a long way since its inception in 1957. In fact, it is with great satisfaction that I announce that a new Probation of Offenders Act is in the pipeline. An Act that will ensure that Probation in the Maltese Islands maintains its high standards and expands its services to suit this modern era.