The opposition's spokesman on justice, Anglu Farrugia and Labour MP Jose' Herrera, have presented a private members' Bill to amend the Penal Code regarding plea bargaining. The purpose of the Bill is to regulate this legal practice before the Magistrates' Court.

The two MPs recalled in a statement that when, a few years ago, the institute of plea bargaining was enshrined in the Penal Code it had been pointed out that the provisions would prove insufficient since they would not cater for cases before the Magistrates Courts as Courts of Criminal Judicature.

They said that although not institutionalised, plea bargaining had been carried on in an informal manner before all criminal courts. The fact however that this was not catered for by law left much to be desired and could at times prove to be prejudicial to both the accused and the prosecution.

"Since the courts do not have legal guidelines to follow in instances of plea bargaining and since it is not covered by law, the courts are not bound to adhere to what would have been agreed to beforehand."

Although it was true that the Criminal Court of Appeal had indicated certain procedures to be followed, since Malta did not embrace the doctrine of judicial precedent, plea bargaining remained unregulated at law

The private Bill says that in every case before the Court of Magistrates as a Court of Criminal Judicature and in any stage of the proceedings before the hearings are concluded the accused and the prosecuting officer may request the court, in the eventuality of a guilty plea, to apply a sanction or measure or a combination of the two as agreed between them and to which the accused can be sentenced upon conviction, and a mention of such fact shall be entered in the record of the case.

Earlier yesterday, Opposition agriculture spokesman Noel Farrugia gave notice of a private member's motion urging the government to honour the promises made last year to safeguard the poultry industry and animal husbandry which, Mr Farrugia said, were in crisis to the detriment of the producers and consumers.