A critical analysis of the juror qualifications under Maltese law : are they enough to secure the right to a fair trial of the accused?

Abstract

The purpose of this work is to consider whether persons undergoing trial by jury, are tried by a panel of jurors who are fully competent to determine their guilt. This work seeks to answer the research question ‘Do the qualifications under Article 603 of the Criminal Code alone, ensure jurors’ competence?’ The aim is to examine whether the qualifications required for a person to serve as juror under Maltese law, secure a panel made up of ordinary persons, whom although have no prior legal knowledge or experience, are capable of guarding the ideals of independence, impartiality and the presumption of innocence. While there are safeguards in place to offset the challenges presented by these qualifications, and although the law tries to ensure fairness throughout the jury trial on the whole, nonetheless the author submits that jurors in Malta are not fully equipped to perform their duty competently, for they lack necessary adequate training. A system should be introduced to acquaint jurors with the importance of their role and duties, to help them understand what exactly is expected of them. The need is felt for jurors to be more qualified and prepared, to ensure that the rights of fair trial of the accused are guaranteed effectively.