Cap. 651 Art. 15Authorised access to the electronic monitoring system.

(1) The responsible authority shall ensure that the physical and, or electronic access to the electronic monitoring system is strictly granted to personnel authorised by the Chief Executive Officer based on a role access control mechanism.

(2) The responsible authority shall make the necessary arrangements to enable the Police in the exercise of their duties, to access the information contained in the electronic monitoring system for the purposes of the prevention, investigation, detection and prosecution of criminal offences.

(3) Any access to and use of the electronic monitoring system shall be recorded by means of an audit trail system.

SCHEDULE I (article 3)

Electronic Monitoring Order Signature Form and Conditions

Date: Today, the

Order made by ________________________________________as Issuing Authority.

An electronic monitoring order is hereby issued in respect of ……………. (name and surname), ……………. (ID No./Passport No./ Residence Permit No.), hereinafter referred to as the person concerned. The person concerned hereby consents and agrees to this order and undertakes to abide by the Laws of Malta, the provisions of the Electronic Monitoring Act, and conditions relevant to the order and to the following conditions:

That he shall be residing at ________________________

That he shall be allowed to attend work/study at ______________

That he retires at indicated residence by not later than _______pm and that he does not leave the said residence before__________am.

That he shall not confine in the localities of ______________

That he does not leave the Maltese Islands without prior consent of the Issuing Authority.

The person concerned also understands, consents and agrees in this regard, that he is required to carry out equipment maintenance tasks in accordance with article 9 of the Electronic Monitoring Act.

The person concerned understands that he may be detained or lose the benefits incurred as a result of this order in the event of a suspected breach of conditions, until such time as a decision is taken on the case in accordance with applicable legislation.

Signed

__________________ __________________ Issuing Authority Person Concerned

SCHEDULE II (article 4 (2))

Electronic Monitoring Order Form – Order in terms of 382A, 383, 412C and 540A of the Criminal Code.

Date: Today, the

Order made by ________________________________________as Issuing Authority.

An electronic monitoring order is hereby issued in respect of ……………. (name and surname), ……………. (ID No./ Passport No./Residence Permit No.), hereinafter referred to as the person concerned.

The electronic monitoring order is being made in conjunction with an order in terms of 382A, 383, 412C and 540A of the Criminal Code, annexed with this form and marked __________.

The person concerned also understands and agrees in this regard, that he is required to carry out equipment maintenance tasks in accordance with article 9 of the Electronic Monitoring Act.

The person concerned understands that he may be detained or lose the benefits incurred as a result of this order in the event of a suspected breach of conditions, until such time as a decision is taken on the case in terms of applicable legislation.

Signed

__________________ __________________ Issuing Authority Person Concerned SCHEDULE III (first proviso to article 4)

Legislation Chapter or S.L Provision/ Description Criminal Code Cap. 9 article 338(z) Criminal Code Cap. 9 article 338(ll) Criminal Code and Cap. 9 and Cap. 581 Any offence that Gender-based falls under the Violence and definition of article 2 Domestic Violence of Cap. 581 and any offence committed against the persons listed in article 202(h) and (i) of Cap. 9 Protection of Minors Cap. 518 Any person whose (Registration) Act name is registered in the Register established in accordance with article 3 of Cap. 518.

SCHEDULE IV (article 13)

Data stored in the Electronic Monitoring System:

(a) name and surname;

(b) identity card number, residence permit number, or passport number or other identification document number;

(c) residential address (where applicable);

(d) issuing authority;

(e) duration of the order;

(f) conditions to be observed (e.g. curfew, premises that may not be approached by person concerned); and

(g) location data:

Provided that instead of the information in paragraphs (a), (b) and (c), the responsible authority may enter a unique identification number.