Domestic violence : are the sentences imposed by Maltese criminal courts consistent?

Abstract

This study aimed to identify whether the Maltese Criminal Court imposes consistent sentences to perpetrators of domestic violence. The study analysed whether variables such as the Magistrate/Judge meting the sentence, the perpetrators and victim’s gender and age, impact the sanction imposed on the offender. It also analysed whether Malta provides victims the appropriate protection, support and assistance. To conduct this research, professionals working in the field of domestic violence were interviewed. This enabled the researcher to obtain first-hand information on the topic. This study revealed that while the Courts are managed by humans, bias against individuals due to their age and gender is minimal. Moreover, although it is at the discretion of the Magistrate or Judge presiding over the case as to what sentence is imposed, they do not directly affect the sentence meted, as the sentence imposed depends on the nature of the case and is dealt with on a case-by-case basis, albeit still in accordance with legislation and, at times, precedent. Nonetheless, one must remember that the Court is composed of humans who may feel compassion for the victims (American Bar Association, 2019). Thus, this study suggests that sentences imposed on perpetrators by the Maltese Criminal Court are not consistent since each case is unique and the approach depends on numerous factors. This research also concluded that both victims and perpetrators have access to a variety of services and treatments if they choose to utilise them. However, much more could be accomplished when it comes to the treatment and services offered to victims and perpetrators. Furthermore, despite the different services available, there are still crucial issues that need to be addressed in order to have better safeguards for victims and, most importantly, to make victims feel safe when they find the fortitude to speak.