Protection of juveniles in criminal proceedings in Malta : the way forward

Abstract

It has been well established from the United Nations Standard Minimum Rules for the Administration of Juvenile Justice that proceedings in which juveniles are involved should be led in their best interests and in a child-friendly environment, permitting them to unreservedly contribute. On this note, various legal scholars have over the years had conflicting ideas on the notion of a juvenile justice system and the treatment of minors in the legal sphere. This dissertation focuses on whether the situation in Malta mirrors the words of the Beijing Rules, through analysing, from a criminal procedural façade, how the juvenile is protected when involved in proceedings and contrasting this with the legislation in place and the treatment of juveniles as accused, victims and witnesses in other European states, thoughtfully selected for a legal comparative analysis. The main objectives behind this study are to outline the criminal procedure a minor undergoes in Malta and the level of protection received throughout and to draft certain proposals for reform as inspired from the practices identified in the foreign EU Member States chosen for comparative research, the application of which practices could be a drive to ameliorate the present system.