Franco Debono hits out at arrest referral system

Nationalist MP Franco Debono has hit out at justice minister Chris Said's announcement on the first public consultation for an arrest referral scheme for first-time offenders convicted of drug possession, dubbing it "absurd" and "unnecessary".

The proposal includes the setting up of an extra-judicial body that will serve as a drugs court.

"The arrest referral scheme will not be available for drug traffickers or repeat offenders, but will allow people who commit a mistake not to carry this burden for a lifetime," Said said today.

Speaking to MaltaToday, Debono - who has led a lone campaign on justice reforms, forcing the Prime Minister's hand to split the justice and home affairs ministry - said that with this proposal, "government is uselessly trying to re-invent the wheel."

Debono claimed that the system in place leaves the presiding Magistrate full discretional powers to decide on genuine first-time drug abusers, and simple cases of pssession.

"Conditional discharges given to the accused is a clear case in point, where any first time offender would not have his arrest on his police record," Debono said, adding that it was pointless in setting up a new court, with more experts when there is an efficient system already in place with care workers operational on a 24 hour basis. 

Dr Marylin Clark, chairperson of the National Commission against the Abuse of Drug, Alcohol, and Other Dependencies, said the ARS will provide specialised officers to deal with first-time offenders, who will choose whether to enter the scheme or face court charges.

Under the ARS, offenders will retain a clean criminal record but they will have to abide by the conditions handed down to them by the extra judicial body. Police charges will not be continued, but the offender will have to appear before the EJB.

The National Youth Policy calls for diversionary tactics in relation to young people. In 2010 of all arrests made for possession, 275 (85%) were between the ages of 15 and 34, 46 of these were aged 30-34 (17% of the 275).

The number of pending drug offences before the Magistrate's Court continues to increase with the effect of weighting down on the effective delivery of justice. In 1999 the number of pending drug cases for possession stood at 70. This has gradually increased to 655 as of the 31 July, in 2011.

"This increase clearly indicates that the machinery of justice is stretched and that a diversionary scheme would prove to be a welcome development in the field," Clark said.

Under the ARS, the arrestee will appear before the EJB upon notification by the police and will have to admit to the facts of the case if he wishes that the proceedings continue before the EJB. Otherwise the case shall be referred back to the police to initiate proceedings before the court.

The EJB will then consult with the arrest referral officer and the police for any information and assistance it may require and shall make use of services by private bodies and agencies in the field of substance abuse.

Such measures will include brief crisis intervention, motivational interviewing and drug counseling, community service, supervision, leisure education, or obligation to provide a clean urine for a stipulated number of months.

f the offender fails to comply with the requirements of the EJB the police may charge him and arraign him in court. If the offender successfully complies, no charges will be brought forward by the police upon due consultation with the AG.

If action is taken in Court following the breach of the EJB conditions, this fact shall not be used against the person charged in order to expedite his conviction of the offences brought against him.

However, if the accused admits to the charges brought against him before the Court, the prosecuting officer shall not be impeded from informing the Court about such breach of ARS conditions, in the course of submissions concerning the punishment to be awarded.

The time frame for the case should be decided on the client care plan but not exceeding two years from arrest. The case should appear before the EJB within two weeks from arrest during which time contact with the ARO will be sustained.