The right to legal counsel during police interrogations in Malta

Abstract

The main aim of this dissertation is to gauge the impact of the coming into force of the right to legal counsel during police interrogations in Malta on the initial stages of the criminal proceedings. By collecting first-hand knowledge and experiences from professional involved in the local criminal justice system, the author set to determine the practical changes brought about by this right as well as to document the exact procedures followed by the Maltese police officer when granting this right to their suspects. Furthermore, details as to how frequently suspects waive or invoke this right, what types of suspects generally make use of this right, and if suspects know about and fully understand this right were sought. Also, any particular problems in procedure that may have emerged as a result of the coming into force of this right were explored. Moreover, insight was gained with regard to any further changes or developments that may accompany the right to legal counsel during police interrogations in Malta. In pursuance of this aim, a qualitative approach was used. In fact, ten in-depth interviews were conducted with the main 'parties' involved in a police interrogation i.e. police investigators and defence counsels. In addition, another two interviews were conducted with lawyers working at the Attorney General's Office. Findings in these interviews reported minimal changes brought about by the coming into force of this right which was nonetheless generally regarded as a step in the right direction that could pave the way for the further strengthening of the rights of suspects in Malta.