The role of the executive police as prosecutor and investigator and the interplay with the attorney general

Abstract

This thesis brings to the forefront an analysis of the dual role of the Executive Police, that of acting both as prosecutor and investigator in our criminal justice system. Due to the fact that the Attorney General also acts as a prosecutor before the Superior Courts, this thesis also examines the working relationship which exists between these two prosecuting authorities. It identifies certain instances in practice and at law where these two Offices are interdependent upon each other in the exercise of the criminal action. The structure of criminal prosecutions in Malta has relatively remained unchanged for the past years. In this respect, with the main focus being the Executive Police, this thesis examines the need to create a more practical and organized procedure in the way prosecutions are conducted in the Maltese criminal justice system. The intention behind this thesis is to evaluate the possibility of relieving the Executive Police from their prosecutorial functions and in this respect, their efforts would be better concentrated on the investigation of offences and other duties which the law confers upon them. This thesis provides an insight and makes a comparison with the criminal justice systems of some European jurisdictions and in particular that of the United Kingdom which had experienced such a reform by removing the prosecutorial functions from the competence of its Executive Police and creating an independent prosecutor. After, highlighting a number of shortcomings in Police-led prosecutions, this thesis concludes by examining various proposals on how the present system could be improved and which would result in more efficiency and equality in Maltese Courts.