Rehabilitation of offenders : alternatives to custodial treatment

Abstract

During the last 150 years or so penal reform has changed the method of dealing with offenders significantly. This penal reform is characterised by the following salient features: (1) Whereas under the "Old" penal system the infliction of punishment was largely offence-orientated (based on 'individualism', the 'talio' or the 'tariff system'); under the "New" it has become offender-orientated (based on 'individualisation' , having regard to the qualities and special needs of the of fender besides the nature of the offence); (2) Whereas before, retribution and deterrence were regarded as the primary aims of punishment; now, the reform and rehabilitation of the offender, if need be under the guidance of a probation officer, has assumed an even greater importance; ( 3) Whereas punishments of old were harsh and sometimes irrational; penal sanctions to-day are humane. The repertoire of penal sanctions has come to include various non-custodial alternatives to the prison, which, however, must necessarily be retained for the incorrigible and unrepentant deviants. These alternatives include probation, the suspended sentence, community service orders and parole; as well as the supervision orders and attendance centre orders for juveniles. So far, only probation has been incorporated in the Maltese Penal System. Some Magistrates, however, have on their own initiative called for the introduction of the CSO and the Suspended Sentence. It is expected that Government will answer this call as soon as possible.