Right to disclosure for suspects comes into force

Justice minister Owen Bonnici has announced the coming into force of a legal notice that will grants the right of disclosure to people arrested in criminal procedures.

“The right of disclosure is a right granted to a suspect or somebody accused of a crime, to have access to information during criminal procedures,” Bonnici said.

Disclosure will give arrested people or suspects a better position to effectively contest the legitimacy of their arrest or their detention, by having access to all evidence in police possession, whether in favour of or against the suspect under arrest.

The information will also be shown to their lawyers so that the process of justice can be safeguarded, and the suspect’s defence be better prepared.

“This right will permit suspects and accused person the ability to prepare their defence in the best possible manner and also allow more expedite and efficient proceedings,” Bonnici said.

“It was long felt the need to allow suspects access to documents and other material concerning their file, from the competent authorities.”

The legal notice forms part of a package of criminal justice reform laws that came into force on 18 March 2014. At EU level, the directive for the strengthening of procedural rights for suspects, amongst them disclosure, had already been passed back in 2009.

“In the months to come, the government is expected to publish a series of amendments that will give new rights to the accused, making Malta one of the more advanced countries in Europe in terms of rights during such proceedings,” Bonnici said.