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Breaking: New Reform – People Must First Go To Police, Magisterial Inquiries Only Possible Later On

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A proposed reform of magisterial inquiries will mean people who suspect a crime has been committed will have to file a report to the police rather than request a magisterial inquiry.

The reform was announced just now by Prime Minister Robert Abela and Justice Minister Jonathan Attard in an ongoing live press conference.

Anyone will be able to file a report to the police about a potential crime that exceeds three years imprisonment, with the possibility of opening a magisterial inquiry.

They must confirm the report under oath, indicating the suspects and the alleged crimes, and present proof upon which the request is based.

If six months go by and the complainant isn’t satisfied by the police’s progress, they will have a right to go to the Criminal Court and request a magisterial inquiry.

The judge will listen to all the parties, including the police behind closed doors, and will decide whether or not to open a magisterial inquiry.

After this procedure, the court can decide to allow the police to continue investigating, or give them a term limit, decide to conclude the procedures, or order a magisterial inquiry.

Inquiries must conclude within six months, up from the current 60 days, extendable by up to two years.

After two years, the magistrate must conclude the inquiry and send it to the Attorney General for action. If there are valid reasons for the inquiry not having concluded within two years, the AG can send it back to the magistrate, but with the same term limits.

If a suspect is summoned as a witness, they must be informed in advanced that they are treated as a suspect, be given the right of disclosure, and the right to be assisted by a lawyer.

Six months after the inquiry is opened, victims and their relatives will have the right to be informed by the AG about the latest developments, as much as possible.

If someone rightly assumes they are subject to an ongoing inquiry, they will have the right to testify in front of the inquiry and be given information, as the magistrate decides, about the reason they have been suspected.

Victims will have the right to request to be informed if an inquiry is concluded, be given a copy of the procès-verbal, and request to be informed if the AG decides not to prosecute.  Victims or their relatives will no longer have to pay to be given an electronic copy of the inquiry’s procès-verbal.

If the magistrate concludes that the inquiry was requested on falsified and abusive grounds, they will be empowered to order the complainant to shoulder the costs of the inquiry themselves.

This decision can be appealed in front of the Criminal Court.

Meanwhile the system through which court experts are appointed will be revamped.

The law will specify that an expert must be a person and not a company, and must be specialised in Maltese criminal in their area of expertise.

If they aren’t already accredited they must pass through a due diligence process by the Department of Justice and the Court Services Agency.

Magistrates can bind experts with conditions, and the experts will be obliged to establish facts and not opinions.

If the cost of an expert exceeds €50,000, the magistrate must request the authorisation of the Chief Justice, who must consult with the AG.

What are your initial thoughts on this new reform?

READ NEXT: Malta Chamber Calls for Parliamentary Reform to Strengthen Democracy and Public Trust

Tim is interested in the rapid evolution of human society and is passionate about justice, human rights and cutting-edge political debates. You can follow him on Instagram or Twitter/X at @timdiacono or reach out to him at [email protected]

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