The admissibility and reliability of self-incriminating statements obtained during police detention without legal representation

Abstract

This dissertation thoroughly examines the right of access to a lawyer enshrined under Article 6 of the European Convention on Human Rights and Article 39 of the Constitution of Malta in relation to self-incriminating statements made during police detention without the presence of a lawyer. The author delves into the ‘Forbidden Fruit Theory’ which prohibits illegally acquired evidence from being used in a court of law against accused individuals. Furthermore, Maltese case law both before and after the introduction of Article 355AU in 2010 and Act LI of 2016 is analysed and compared with European Court of Human Rights judgements. The study aims to draw attention to the significant disparity between European Court of Human Rights and Maltese domestic court rulings through the years, thereby highlighting the need for greater consistency and less subjectivity in local judgements. Additionally, this study also highlights the significant progress that has been made in Malta, namely after the transposition of Directive 2013/48/EU into domestic legislation.