Issue link: https://maltatoday.uberflip.com/i/1513813
maltatoday | SUNDAY • 31 DECEMBER 2023 11 LAW CLASSIFIEDS THE introduction of the Remis- sion Board meant the prison au- thorities could reduce the days of remission and therefore, the longer prisoners are kept. This was held in a habeas corpus ap- plication presented by Antho- ny Borg before the Magistrates Court, presided by Magistrate Dr Victor Axiak. The applica- tion was filed in terms of Article 409A(1) of the Criminal Code. Borg claimed that he was being held in terms of Articles 21 and 22 of the Restorative Justice Act, which provided for remission of prisoners. He claimed that he had served a six-month prison sentence given to him by the Court of Criminal Appeal in Ju- ly 2023 and therefore, as such his detention was without cause. Article 409A(1) of the Criminal Code reads: "(1) Any person who alleges he is being unlawfully detained under the authority of the Police or of any other public authority not in connection with any of- fence with which he is charged or accused before a court may at any time apply to the Court of Magistrates, which shall have the same powers which that court has as a court of criminal inquiry, demanding his release from custody….." Article 4(1) of the Prisons Act only allow people to be kept in prison if he or she is condemned by a criminal court. The next piece of legislation may be found in Article 20 of the Restorative Justice Act, which set up the Remission Board. Ar- ticle 21 of the same act states: "(1) Offenders may be award- ed remission of sentence on the grounds of performance at work, at training, during educational and rehabilitation programmes, adherence to the care plan as ap- proved by the Offender Assess- ment Board, and the offenders' general overall good conduct. The Remission Board shall es- tablish a system whereby remis- sion days are awarded to each individual offender according to objective criteria. (2) Remission shall be earned, forfeited and awarded back in accordance with this Act, any regulations made under this Act and the criteria laid down by the Remission Board." Articles 22 and 23 also state that remission should not be giv- en if a prisoner is not behaved and if he or she is behaved, then remission may be given no longer than a third of the prison sentence. The prison authorities who testified explained that the ap- plicant had a right to have his sentence reduced by 60 days, however, the Remission Board reduced the remission by 61 days and therefore lost all his re- mission. Therefore, he would be released in January 2024. These 61 days were reduced before the Court of Appeal judgment that awarded the applicant the six- month sentence. The applicant argued that this was not permit- ted, as he had already left prison on a previous occasion. The Court analysed the par- liamentary debate when the Restorative Justice Act was be- ing passed through parliament. From reading the debate the Court pointed out that the two sides of the House agreed on the law. The remission at the time was automatically applied and therefore, the new Act was to introduce a new system where the Remission Board have dis- cretion to reduce the remission of a prisoner, if that prisoner was disruptive. The law is now clear that no prisoner has an automat- ic right to remission. Since this particular prisoner had lost it in the past 61 days, then it had to be applied. The Court drew the applicant's attention to several factors. Arti- cle 23(1) of the Restorative Jus- tice Act uses the word prospec- tive and therefore, the remission should be applied before a per- son is released from prison. The law does not want that remission be applied when a person leaves prison and then re-arrested. The Court pointed out that the appli- cant was found guilty of several offences since 2011 and was sen- tenced to prison a few times. Be- tween July 2019 and April 2021, he had breached the prison reg- ulations 39 times and had lost 84 days of remission. The Court held that an impor- tant component of discipline in prison are the disciplinary procedures. The scope of these procedures is not to punish but to keep order. It does not make sense that a person would have lost a number of days of remis- sion and then is released from prison and then starts with a clean slate when he is then re-ar- rested. The Court then moved to dis- miss the application and held that the applicant's arrest in prison is not illegal and should be released in January 2024. The loss of remission is not a punishment but a means of keeping discipline in prison CLASSIFIEDS INFO @MEDIATODAY.COM.MT LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 SITUATIONS VACANT CASHIER/GENERAL ATTENDANT - Padthai Kitchen Malta Limited are seeking the immediate employ-ment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a Cashier/General Attendant and to also assist in general restaurant duties, for example explaining to custom- ers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). The gross salary of €5.50 per hour is being offered to the suita- ble candidate. Interested candidates are to send CV by email to padthaikitch- en.malta@gmail.com with the words "Cashier/General At-tendant" as the subject, by no later than 15th January 2024. ELECTRICIANS ASSISTANT - Rene Sciberras is seeking an Electricians Assistant. Kindly send your CV on: primuelectrician@gmail.com KITCHEN HELPER - Padthai Kitchen Swieqi are seeking the immediate employment, on a full-time ba-sis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties, Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The can-didate must also have a clean criminal record. The salary of €5.50 per hour is being offered to the suitable candidate. Interested can- didates are to send CV by email to padthaikitch-en.malta@gmail.com with the words "Kitchen Helper" as the sub- ject, by no later than 15th January 2024. P L A S T E R E R AND GYPSUM INSTALLERS - Xuereb Installations Ltd of Tal-Hlas Road Qormi are seeking the immediate employment, on a full-time basis, of people skilled in plastering and in gypsum instal-lations. The ide- al candidate should be in possession of the appropriate qualifications related to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of expe- rience are required, in gypsum assem- bly, construction works, plastering and painting. A salary of €12,000 per annum is being offered to suitable candidates. Interested candidates are to send their cv by email to xil@xuerebinstall.com PL A ST E R E R S AND GYPSUM INSTALLERS - Pro Finishes Ltd of 131, Triq Tal-Franciz Swieqi, are seek-ing the immediate employment on a full- time basis, of persons skilled in plaster- ing and in gypsum installations. The ideal candidate should in possession of the appropriate qualification's rela- tion to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of experience are required, in gypsum assembly, construction works plastering and paint-ing. A salary of €12000 per annum is being offered to the suitable candidates. Interested candi-dates are to send their CV by email to info@prof- inishesltd.com RANGER LTD – requesting drivers for commercial goods vehicles. Contact us for further details by email: godwin@ godwinsgarage.com or tel: 21377007 SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling the following posi- tions as Customer Care Clerks, Security Guards, security for places of entertain- ment and cleaners. Applicants should be cus-tomer care orientated, smart and flexible for shift work. Email your CV to: hr@signal8securitymalta.com.mt