The detained person's right to a lawyer before and during questioning and its actual application in Malta : a qualitative study

Abstract

This dissertation focuses on the actual exercise of the detained persons' right to a lawyer present, during the detention and interrogation by the police, since its introduction in Malta in 2016. Highlighting the actual delay in introducing this right. This study employs a qualitative approach to explore the use or non-use of this right by suspects detained by the police, that is, at the pre-trial stage. In addition, it attempts to analyse the suspects' main reasons for the utilisation or non-utilisation of this right, which is fundamental to the right to a fair trial in criminal proceedings. The sample consists of six suspects interrogated by the police in the past. Their identity is kept confidential for ethical reasons. Interviews were also conducted with three professionals; two investigators within the Malta Police Force, one in the rank of Superintendent and one in the rank of Inspector, who wanted to remain anonymous and a leading criminal lawyer, Dr Franco Debono. The thematic method was used to analyse the data obtained through semi-structured interviews. Based on the data analysis, it is possible to conclude that the participants were evenly distributed regarding whether or not they exercised their right to a lawyer. Furthermore, all participants expressed that they did not have faith in lawyers and showed distrust in the police during the interrogation. The purpose of the study is to try to understand why suspects do not utilise this right; the main reasons are; being under the influence of drugs during the interrogation and distrust in lawyers. Data from the Malta Police Force on the number of suspects who utilised their rights and those who waived their right to a lawyer corroborated this research's findings.