Revolutionising the criminal justice system | Veronique Dalli

Malta has comprehensive laws and well-defined penalties for criminal offences. But to impose these penalties, you need a court judgment. And to get a court judgment, you need to complete the judicial process.

In order to have an efficient and effective judicial process, you need clear timeframes establishing how long the process should take. And unfortunately, these are sometimes absent, leading to incredible delays in our criminal courts.

But this is set to change: the criminal justice system is about to become a lot more efficient. With the new proposed legislative amendments, accused persons will no longer be left to languish in legal limbo awaiting justice for years on end, and the courts will no longer be bogged down by unnecessary bureaucracy. These reforms address the reality of Malta’s growing population, which has led to an increased number of prosecutions.

First and foremost, the new legislation aims to expedite the legal process by establishing a one-year time limit for the compilation of evidence (the ‘kumpilazzjoni’). This means that, from the moment the accused is charged or first appears in court, the prosecution has only one year to gather all of its evidence and present its case. Compare this to the current reality where most kumpilazzjonijiet have been pending for years, and in some extreme cases, even decades.

Hand in hand with this change is the complete removal of the ‘rinviji’ – a process whereby the court presiding the kumpilazzjoni transmits the records of the case to the Attorney General’s office after each and every sitting. This procedure was necessary in the past owing to the fact that the Attorney General did not actively participate in court hearings, since kumpilazzjoni was handled by the police. This is no longer the case. The Attorney General now plays an active and direct role, and has immediate access to court records, thus removing the need for rinviji.

Another significant change is the broadening of instances where the compilation of evidence is not required. Currently, the kumpilazzjoni can only be waived in cases where the maximum sentence does not exceed six years’ imprisonment. The new proposals would allow for the waiver in all cases with a maximum sentence of up to 12 years. This change speeds up the judicial process by enabling the court to take on an adjudicatory role immediately, rather than first acting as a court of inquiry tasked solely with the compilation of evidence.

The amendments introduce other strict deadlines. A time limit will be imposed on the prosecution to declare what evidence it intends to present to make its case. The prosecution will have 40 days, extendable by a further 30, to indicate all its witness.  And during this time, the prosecution can also start presenting evidence.

The legislation also extends the use of affidavits for certain types of witnesses, including experts appointed by the court and professionals involved in the case. This change will allow for a more streamlined process, as these witnesses will be able to provide their testimony in writing rather than in person, saving valuable time during the hearing itself. The right to cross-examine these witnesses in open court will of course remain.

Moreover, the court will have the ability to hear live testimony from the very beginning, without waiting for all the evidence to be presented or declared. This change will save time by enabling the court to start compiling the evidence as soon as possible.

The proposed amendments also address the rights of the accused, including the right to remain silent, while also imposing deadlines on them, similar to those imposed on the prosecution. The accused will have 20 days to decide whether to present evidence in their defence after the prosecution has presented its case. During this time, the accused can continue to remain silent. If they do opt to present evidence, they will, like the prosecution, have 40 days, extendable by 30 days, to indicate all the evidence they wish to produce.

The new proposals also introduce a mandatory reduction in sentencing for those who plead guilty, providing an incentive for the accused to face the reality of their situation and avoid wasting the court's precious time and resources. Sentences will be reduced by two degrees if the accused pleads guilty at the outset, except for life imprisonment cases, where the reduction cannot exceed one degree.

Finally, the legislation proposes several measures to streamline court proceedings, such as simplifying the process of correcting legal documents and removing the vestigial requirement for magistrates to sign every page of the records of the case.

These bold new legislative proposals hold the promise of a more efficient criminal justice system, revolutionizing the way criminal cases are handled, and offering tangible benefits to all parties involved. By streamlining the legal process and reducing bureaucracy, the reforms will benefit not only the accused but also the courts, the victims, the legal professional, and society as a whole.