The conduct of criminal prosecution in Malta : a legal and comparative analysis

Abstract

Criminal procedure is of vital importance in any state, as it regulates the manner in which crimes, that are considered to affect the whole of society, are brought to justice. It therefore provides the basis for the maintenance of order in a civilised and democratic state. Criminal procedure dictates the manner in which crimes are brought to the attention of the relative authories, how such crimes are investigated, who carries out the investigation and prosecution of such crimes, the powers and duties of such investigative and prosecutorial authories, and finally how such crimes are brought to justice by means of a trial that is fair. Criminal procedure is intended to ensure that the truth is brought to light and that the rights of both the accused and society are respected in a consistent and systematic manner. The author introduces this thesis by briefly recounting the historical development of criminal procedure in Malta. The author then seeks to identify the person or authority that is entitled in terms of the law, to conduct the prosecution of different offences. The author questions and analyses whether the introduction of an alternative prosecuting authority, that would replace and assume the role of the current authorities, could provide a more efficient and effective prosecution of offenders. The thesis then proceeds to an assessment of the method of how offences are brought to the attention of such authorities. It is accepted that no authority could possibly detect the majority of crimes in a state, without adequate channels of information between the public and such authorities. Once a crime is detected, an investigation must follow prior to the prosecution of a suspected offender. The author delves into the details of such investigations, and again seeks Once the investigation is concluded, the prosecuting authorities undergo a process by which it is determined whether a potential trial could in effect lead to a conviction. Justice in a free and democratic society can only be achieved by means of fair trial, that requires a dispassionate, unbiased, yet effective prosecution, the fullest possible defence of the person accused, and the detailed consideration and judgment by an independant and impartial court. Throughout the whole of the study the author compares the Maltese system with the English system, in an attempt to identify best practises that could be tranposed to the Maltese system in order to achieve a better a more effective criminal justice system. Criminal procedure in England and Wales is at times similar to that in Malta, but more often than not it is very different. Nevertheless the author submits that the problems encountered by the justice systems of different states are often quite similar, and that by looking at how another state tackles these problems, Maltese criminal procedure can be greatly improved. The author makes various remarks and constructive critiques throughout the whole of the thesis, identifying deficiencies that could be remedied, and seeks to offer numerous recommendations in a positive attempt to inspire the improvement of the Maltese criminal justice system as a whole.