The depenalisation process : a process to be encouraged?

Abstract

In this thesis, I am to assess the juridical consequences of the process of depenalisation in Malta. In this sense, I will examine in depth the Commissioners for Justice Act and even make certain recommendations aimed at ameliorating the law. At the same time, I feel it is necessary to assess the performance of the ad hoc tribunals, created in consequence to the said law. This process is very innovative and due to the fact that it has affected radically the set-up of our judicial organ of state, gave rise to a number of important constitutional issues, which will be also analyzed in this thesis. Chapter 1 deals with the Constitution of different democracies and the restrictions laid down by their Supreme Law. It also deals with the concept of the separation of powers. In other chapters, it will be debated whether the creation of tribunals endowed with competence in the criminal field is in conformity with the above mentioned concept. Chapter 2 focuses primarily, on the reasons behind the process of depenalisation. It offers a thorough analysis of the parliamentary debates when such process was being debated in Parliament. These debates provide a background of the political and social environment against which such law was discussed, enacted and promulgated. An extensive study of the Commissioners for Justice Act is also made. Of interest is the list of those offences which are depenalised. Chapter 3 examines case-law which established the limits of judicial devolution. A brief analysis of what constitutes an independent and impartial tribunal established by law is made. Chapter 4 is a comparative study on the subject. Here, our system is compared with that pertaining to foreign jurisdictions. Finally, the thesis seeks to provoke reflection and debate. To that end, the depenalisation process is criticized. Possible improvements to the office of the Commissioners for Justice and solutions to certain problems are suggested.