This Act establishes a comprehensive electronic monitoring system for sentenced persons in Malta. Electronic monitoring orders may be issued by courts following conviction, the Executive Chief Officer of the Correctional Services Agency for prisoners on leave from imprisonment, or the Parole Board for parolees. Orders can be imposed for sentences not exceeding one year of imprisonment, as an alternative to custodial detention, subject to the offender's informed consent and signature of a prescribed form. The Act also permits electronic monitoring orders without consent in protection cases under the Criminal Code (articles 382A, 383, 412C, and 540A) to protect victims of domestic violence or stalking. The responsible authority (the Agency for Local Law Enforcement System) must acquire and maintain secure monitoring devices, conduct 24/7 surveillance, perform unannounced inspections, and report suspected breaches to the issuing authority. Breaches of monitoring conditions—including tampering with or removing the device, failure to respond to authorities, or unauthorized access—are criminal offences punishable by imprisonment of 6 months to 2 years or fines of €800 to €5,000. The Act also establishes an independent Regulator of Electronic Monitoring to oversee implementation and compliance. Data protection principles apply to all personal data processing under the Act. Commencement: 19 January 2026.

Electronic Monitoring Act (Cap. 651, Act XXIV of 2025)