Bail : a critical analysis of recent juridical interpretation by the Maltese Criminal Court

Abstract

In this study the researcher explicated the foundations of bail legislation by outlining the path taken throughout history by bail legislation, both across the globe and locally. The researcher subsequently conducted an in depth analysis of how the ECHR is interpreted by the ECtHR in view of this subject. This was followed by an examination of the domestic pre-trial release law and recent significant amendments. In addition, a post 2002 juridical interpretation of bail decrees in the Superior Courts was reported in a case study format, where every single decree was meticulously compared and contrasted both with the ECtHR position and with local bail legislation. In conclusion, aided by the the judicial interpretation, the researcher identified inconsistencies in the current domestic legislation and proposed sound amnedments in respect of the same inconsistencies. Additionaly, a general assessment of the judicial interpretation within the perspective of ECtHR case law was respectfully made. In such a way, the conclusion answered the term paper questions put forward.