Electronic tagging as a pre- and post-sentencing tool with reference to the Maltese criminal justice system

Abstract

The main aim of this dissertation is to critically analyse how electronic tagging could be used locally both at the pre-sentencing and post-sentencing phase. Furthermore, it will attempt to address the feasibility of electronic tagging locally. During the course of the dissertation, a comparative analysis will be carried out with regard to what measures were taken before the implementation of electronic tagging. This will help to identify how other jurisdictions have handled this phenomenon. Malta can adapt certain measures taken by other countries, which will allow for clarity as to which approach to take in order to better equip our criminal justice system for future demands in this industry. The need for conducting such research stems out from the fact that, locally, there is no bibliographic material, except for a local study that was conducted in 2018 which proposed implementation from a specifically legislative standpoint. Additionally, during the commencement of this study, for the first time after various non-materialised attempts, the Correctional Services Agency initiated the system in a pilot project. In order to critically analyse the local situation and address its feasibility, one must gather comprehensive expertise about various technicalities. Therefore, in order to obtain such in-depth data, the study will have a qualitative dimension attained by conducting ten interviews with professionals working in different yet relevant authorities, including local judges, academic experts, prison officials, and officials from the office of the Attorney General. The findings of this research suggest that the system should be introduced in the near future. Furthermore, although it seems that the pilot project is yielding encouraging results, authorities should not ignore the potential of the system at the pre-trial stage.