The principle of equality of arms in Maltese criminal law

Abstract

This thesis aims at providing a detailed examination of the principle of equality of arms as part of the general right to a fair trial as guaranteed by section 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights. In the course of this thesis, five main aspects of the general right to a fair right which are basic requirements for the correct application of the principle of equality of arms are examined, namely, 1. the right of both parties to have the same access to the records and other documents in the case; 2. the right of both parties to have the same possibility to summon and examine witnesses; 3. the right of both parties to have the same possibility to call experts and that these should in tum receive the same treatment; 4. the right to defend oneself by a legal representative of one's choice and the right to free legal representation if one cannot afford to pay for such; 5. the requirement that the prosecution and the defence be precluded from attending or participating in the deliberations of the Court. Each of the above mentioned requirements is examined from the following two points of view: the interpretation of the European Court of Human Rights and the position obtained in Malta.