The principle of orality and Maltese appellate trials in the light of Act XXXII of 2021

Abstract

Act XXXII of 2021, a major change to the law of appellate procedure, seems to have gone under the radar. In truth, it has major implications, which are discussed in this dissertation. This dissertation goes through the effects that this Act has had on Maltese Procedure. Chapter 1 starts off with an introduction, as well as the literature review and methodology sections. Chapter 2 explores the human rights implications of the Act, analysing whether the new procedure satisfies the right to a fair hearing. Chapter 3 gives an outline as to appellate procedure both pre and post Act XXXII. Chapter 4 discusses the principle of orality more broadly, focusing on the Maltese jurisdiction, as well as the United States, England & Wales, in addition to international courts such as the European Court of Human Rights, and the Court of Justice of the European Union. Chapter 5 explores situations where the appeal could be put down for hearing notwithstanding the amendments brought about by the Act. There are situations where they are appointed by right, other times by the exercise of discretion of the Court. Chapter 6 examines all cases decided by the 23rd of March 2023, which were filed after the coming into force of the Act, in an attempt to see if the new procedure does indeed tackle delays. Chapter 7 outlines other miscellaneous amendments found in the Act. Finally, Chapter 8 presents a conclusion, answering the questions posed in the introduction.