The right to legal assistance during interrogation : an analysis of the development of a right long withheld in Malta

Abstract

The aim of this term paper is to analyse the development of a right which was long withheld in Malta, and whether the present law is enough to consider this right as fully granted.

Section A of this term paper provides a background of the first instances when the importance of including the right to legal assistance in our law was became evident. Section B then provides an analysis of the first true steps towards granting such right, including the White Paper on the Amendments for the Criminal Code, Bill No.28 of 2001, and Act III of 2002. This Section also includes a review of the CPT report of 2008, which criticised the Maltese authorities and even made its recommendations on the matter. Following this, the author provides an analysis of the landmark judgement Salduz v. Turkey, which had various repercussions in Europe and in Malta.

In Section C the author analyses L.N 35 of 2010, which finally put into force the provisions granting this right. In this Chapter, an overview of whether the rights afforded left space for further improvement is also provided. Important case law considered to have set things in motion in Malta is also reviewed in this part. The analysis of the 2013 European Union Directive is found in Section D, which also includes the Maltese court’s vulnerability criterion and landmark ECtHR judgments involving Malta. Section E then examines the era which followed the Directive and the laws present today.

In the Conclusion, the author gives his opinion on the law in effect today and highlights certain areas where he feels there is space for improvement to ensure the right to a fair hearing is properly safeguarded.