The 1994 and subsequent amendments to the dangerous drugs ordinance including recent developments concerning illicit drug trafficking by sea

Abstract

The fight against drugs trafficking and dealings is an on-going process. The thesis gives a critical overview of the various methods, strategies and policies that have been adopted in more recent years and, especially, an analytical, in-depth examination of post-1994 developments in the legal field both locally and internationally. Particular reference is made to the phenomenon of drugs trafficking by sea - an area of major concern with respect to Malta. The introductory chapter highlights the more recent arguments in favour and against drug legislation in the light of shifting criminal behaviour and social patterns. The overall conclusion is that the criminalisation of illicit drug use and trafficking is the most effective solution and that this hard-line approach has formed the basis of local, regional and international legislation on the matter. A thorough analysis of the new offences established by the 1994 and 1996 amendments to the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta is tackled in the subsequent chapter. The amendments referring to punishments and sanctions to be imposed, together with the so-called special consideration are examined. Wherever applicable, post-1994 judgements delivered by the Maltese Courts have been referred to. The investigative tools that can now be made use of as a result of the recent amendments are reviewed in the third chapter. Particular attention is focussed upon the delicate interplay between these far-reaching investigative procedures and the rights of the criminal suspect. Chapter four deals mainly with important provisions regulating mutual cooperation in criminal matters. Maltese law enabling assistance to, and requests for assistance, from foreign authorities is then evaluated. In the following chapter the evolving international regime to combat drugs is reviewed. An analysis of the more recent legal instruments follows. Reference is made to more recent European initiatives and to sundry strategies that have been adopted. Maltese legislation must keep abreast with what is taking place on the international plane. The final chapter puts forward a number of suggestions together with additional comments concerning possible legal reforms. Concrete suggestions and methods for future amendments are specifically proposed with a view to eliminate existing lacunae and render more effective the present legal regime concerning illicit drugs trafficking.