Procedural variations between the criminal code and the dangerous drugs ordinance

Abstract

This thesis will try to provide an answer to the existing dilemma of whether the general laws present in the Criminal Code (Chapter 9 Laws of Malta) coupled to a number of ad hoc legal provisions present in the Dangerous Drugs Ordinance (Chapter 101 Laws of Malta), have over time made the difference to law enforcement agencies in the fight against illicit drugs, or else, whether legislation that has been there for more than a century has failed to serve the purpose. Chapter One will briefly outline the historical background of both the Criminal Code and the Dangerous Drugs Ordinance focusing primarily on the significant provisions of the law. The chapter will be concluded with a reference to the rationale behind the choice of this particular area of study. Chapter Two will focus on rules of evidence. Will outline the basic rules of evidence found in the Criminal Code and go on to compare these standard rules with the derogations present in the Dangerous Drugs Ordinance. This Chapter will also deal with the how the ‘burden of proof’ principle is applied in the Dangerous Drugs Ordinance as opposed to the general provisions found in the Criminal Code. Chapter Three will focus on first outlining the general basic procedure used before the Court of Magistrates within the context of the Criminal Code and comparing this procedure with the various provisions found in article 22 of the Dangerous Drugs Ordinance. Reference will also be made to the Attorney General’s discretion and how legislative attempts have been made to keep in check his ‘unfettered discretion’. Chapter Four will discuss the concept of punishment as outlined in the Criminal Code and applied by the Court of Magistrates (both in Malta and in Gozo) and the Criminal Court and then compare and contrast with the legislation present in the Dangerous Drugs Ordinance. Reference will also be made to attempted offences and the concept of having a conspiracy as outlined in the Dangerous Drugs Ordinance as compared to similar provisions under the Criminal Code. A comparison will also be made between the implications of the diminution in punishment in the provisions found in article 29 of the Dangerous Drugs Ordinance and similar provisions present in the Criminal Code. Chapter Five will focus on evaluating the existing legal provisions of the Criminal Code and the Dangerous Drugs Ordinance as they stand today, highlighting whether the afore mentioned procedural variances have made the difference as was expected by the original legislators. This chapter will be concluded with a vision of the future including a number of recommendations.