Criminal amendments 2000 affecting the Attorney General and the Criminal Courts

Abstract

The introductory chapter outlines the origins of the office of the Attorney General and the powers given to him by the Constitution of Malta. This enables the reader a better understanding of the amendments introduced by the "Bill amending the Criminal Code 2000". The second chapter focuses on the powers of the Attorney General laid down in the Criminal Code and other specific laws, such as the Dangerous Drugs Ordinance. These powers are affected directly by the Amendments. This enables a comparison between the powers of the Attorney General before and after the introduction of the Amendments, in the subsequent chapters. The third chapter discusses the ways in which the amendments affecting the powers of the Attorney General have affected the right of appeal from decisions of the Court of Magistrates. This chapter also analyses the new amendment introducing the right of Appeal from Bail. The fourth chapter deals with the power of the Attorney General to appeal what are being categorized as lenient sentences. It can then be seen that the Attorney General has a right of Appeal by Reference - a new amendment which, in reality, does not have a bearing on the verdict of the jury. The fifth chapter outlines the important power of the Attorney General to disclose the previous misconduct of the defendant. This is thoroughly explained and compared to English law. Also included are other amendments affecting the Attorney General, such as Appeal from Challenge Proceedings and Habaes Corpus. All these are analysed in the light of recent European Court of Human Rights case law. The sixth and concluding chapter compares the rights of the individual and the rights of the accused; including an analysis of the manner in which the Criminal Court is affected by the Amendments. More importantly, it delves into the issue of whether the aim of the legislator to protect victims and society at large has been attained.