Introducing the role of the ‘child advocate’ in the Maltese criminal sphere (magistrates’ court and juvenile court)

Abstract

The aim of this thesis is to consider whether it is favourable to introduce the role of the ‘child advocate’ in the Maltese criminal sphere, with reference to the Court of Magistrates and the Juvenile Court of Malta, both when the child is a suspect or defendant as well as when he is a victim. This thesis highlights some international legislative instruments which give the child the right to seek legal assistance in the aforementioned two instances. It also gives an overview of the practice in three foreign jurisdictions with regard to child representation in the courts of criminal jurisdiction, and whether lawyers from these jurisdictions are adequately trained in juvenile matters. This thesis also discusses the training, knowledge and skills that every child advocate should acquire and be taught. The Maltese scenario as regards child advocacy at present is reviewed together with the latter’s uncodified functions, duties and tasks. Three pieces of relevant local legislation are discussed and a description of the local situation regarding the legal representation of child suspects or defendants and of child victims is provided. Several interviews were conducted with professionals from different spheres in order to establish their standpoint about introducing this new role. Their opinions were invaluable as they advocated in favour of being more thoughtful towards the needs of child victims and offenders, which offenders can be themselves also victims. The thesis provides various concluding recommendations, including those in the form of legislative amendments aimed at safeguarding the vulnerability of both child suspects and defendants and of child victims, principally with regard to their representation in the Juvenile Court and the Court of Magistrates.