Government presents amended drug reform bill, but the PN says it will not vote in favour

A draft bill reforming Malta's drug court laws has been presented by the government in parliament, but despite the new bill making no changes to the amount of drugs one can carry, the Nationalist Party has said that it will vote against the bill.

In a media briefing on Tuesday, justice minister Jonathan Attard said that the drug quantities that determine whether a case moves to the drugs court will remain unchanged.

The bill amends the amount of drugs that serve as a guideline for the Attorney General to determine whether a case is heard by a magistrate’s court, or whether the case is heard in front of a jury, where the maximum punishment for each court changes from a 10-year prison sentence to life in prison, respectively.

Attard explained that presently, the law excludes the possibility of a person accused of drug-related crimes to be handed a suspended sentence or a probation order if the amount of drugs in question exceeds the aforementioned quantities.

The amendment gives the court the ability to give a probation order to a defendant accused of such crimes. At the court’s discretion, an accused who is to be sentenced to less than two years imprisonment for the first time may be handed a probation order. 

This, Attard explained, can ensure justice for drug victims without amending the amount of drugs that draws the line between trafficking and personal use.

The bill also amends the consequences for those found guilty of simple possession of drugs in prison or any other “place of detention.” Firstly, the bill states that a person found in simple possession of drugs while being detained is not automatically subject to a prison sentence as the law currently stands. 

Secondly, the bill changes the wording of the law so that this principle extends, not only to prison, but other “places of detention.” It was explained that this was done to take into account instances where a person who is held in a police station and is found in possession of a minor amount of drugs. 

During the briefing, Attard, as well as government whip, Naomi Cachia appealed for an informed discussion free from misinformation. The pair blasted the opposition for its sensational speech earlier this year, adding that such a sensitive subject merits sensibility. 

In a Facebook post, Nationalist MP Karol Aquilina said his party will vote against this bill, which he claims favours drug traffickers over justice. 

He criticised the proposed law, saying that it would make it easier for large-scale drug traffickers to receive lighter sentences. He argues that the government wants to allow people caught with firearms during a crime to be treated as "victims" and benefit from special procedures in the Drug Court.

Aquilina called this proposal dangerous, as it risks the safety of police officers and sends the wrong message to society. 

The reform was the subject of controversy during the first weeks of 2024, when PN leader Bernard Grech was among a number of people criticising government’s intention to introduce a moderate increase in the maximum amounts of drugs in a person’s possession that can be considered as being for personal use.

The bill was presented to parliament on Tuesday.