Community service in Malta : the role of the judiciary

Abstract

The aim of this dissertation was to find out why the Community Service Order is not being used as much as it could be in our Law Courts. Sixteen members of the Judiciary of Malta were interviewed and their responses were analysed. This study presents a unique insight into how sentencers view criminal cases at the Law Court in relation to both sentencing in general and community service in particular. In relation to community sanctions in general sentencers consider first and foremost the rehabilitation of the offender with much less emphasis given to punishment, deterrence or even the needs of victims. A major finding in this study was the lack of confidence sentencers have in using the community service order. Sentencers favour being informed constantly which placements providers the Department of Probation and Parole is using for the hours of service. Sentencers insisted that the lack of this information was hindering them from using this sanction more frequently. During this study it was affirmed the high esteem sentencers have for Probation Officers. However a contradicting factor occurred when sentencers insisted that reports prepared by probation officers may prevent them from using the community service order. Whilst on the other hand sentencers want more information on offenders and more presence of probation officers at the Law Courts. Another major finding was that sentencers gave few recommendations on the Probation Act Cap 446 and on court procedures to facilitate the use of community service. However, suggestions sentencers gave on the role of the probation officer and on placements providers are listed in the conclusion of this study