By way of update on the Prison (Amendment) Act 2026, given its public interest importance,

HM Government confirms legal position on retrospective application and announces proposed amendment to the sexual offences Bill

By way of update on the Prison (Amendment) Act 2026, given its public interest importance, HM Government of Gibraltar (HMGoG) confirms that, following further legal advice, it is not possible to include retrospective application of the proposed Bill to individuals currently convicted and serving prison sentences. Therefore, the Bill as currently drafted applies only to persons convicted of an offence after the commencement of the Act.

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

Notwithstanding this, HMGoG 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 wishes to ensure transparency and accountability in this respect.

In addition, the proposed amendment will make provision for relevant authorities to take into account the views of victims and their families, supported by guidance issued by the Minister. This is considered particularly important in cases involving child victims, where family input plays a significant role.

In the meantime, HMGoG confirms that, in line with Government policy, a request for compassionate release for a convicted sex offender has recently been denied by the Minister for Justice.

Minister for Justice Nigel Feetham KC MP commented: “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.”