Victims’ views to be heard in new parole framework for sex offenders  

The views of victims of sexual offences will have to be considered by the relevant authorities as part of an amendment to draft legislation tightening the parole framework for convicted sex offenders.  

The Gibraltar Government made the announcement as it confirmed that, in line with tough policy on sexual offenders, the Minister for Justice, Nigel Feetham, had recently denied a request for compassionate release for a convicted sex offender. 

The Government said the move to ensure the voices of victims and their families are properly heard was important and would be supported by guidance issued by the minister.  

“This is considered particularly important in cases involving child victims, where family input plays a significant role,” the Government said in a statement. 

The Government announced the move as it confirmed that a Bill to amend the Prison Act will not include retrospective application to individuals currently convicted and serving prison sentences for sexual offences. 

The amendment seeks to ensure that adults convicted of serious sexual offences and jailed for more than a year will have to serve at least three quarters of their sentence before becoming eligible for parole, as opposed to halfway through their jail term as is currently the norm.  

The sexual offences Bill as currently drafted applies only to persons convicted of an offence after the commencement of the Act. 

The Government said earlier consideration had been given to extending the Bill’s provisions to apply retrospectively. 

“However, advice received at the time indicated that such an approach would be open to legal and constitutional challenge,” the Government said. 

“This position has now been reaffirmed following further review and advice.” 

The Government said it remains committed to ensuring that the legislation is robust, effective, and aligned with best practice.  

In this regard, the Government will propose an amendment to the Bill to insert a new section relating to the administration of cautions and placing restrictions on their use. 

Whilst charging and prosecutions are a matter entirely for the relevant authorities, and Government cannot interfere in the administration of justice given their operational independence, the Government it wanted to ensure transparency and accountability in this respect. 

“We remain committed to working constructively with law enforcement and prosecutorial authorities to ensure the legislation is clear, effective, and properly safeguards the interests of victims and the integrity of the justice system,” Minister for Justice Nigel Feetham said.