First-time drug users to receive a warning
Court discretion over sexual consent
Those who have committed violent thefts such as hold-ups will no longer be liable for suspended sentences or probation.
In a watershed moment for Maltese drug laws, the government is proposing that first-time offenders caught with drugs for their own personal use receive a formal warning rather than undergo court proceedings.
The proposal, which applies to all illegal drugs, is one of over 100 amendments to the Criminal Code presented to Parliament by Justice Minister Carm Mifsud Bonnici.
The Bill calls for the Attorney General to be given the power to issue formal warnings as well as refer individuals to a specialised rehabilitation committee. A drugs court, similar to the already existing family court, will also be set up.
The warning, which would be issued at the Attorney General’s discretion, would not appear on an individual’s police record and would be a one-off caution.
The Bill carries on Dr Mifsud Bonnici’s tradition of presenting a yearly set of amendments to the Criminal Code. The minister said the proposed amendments needed to be seen as part of the government’s broader system of reparative justice.
“Delinquency rates have gone down and part of that is due to more prison sentences being given. But that doesn’t mean we’re eager to simply increase sentences, lock people up and throw away the key,” he said.
Using drug abuse as an example, the minister said the government’s focus on reparative justice meant a change in focus from simply punishing an individual or ordering them to stop using drugs, to “helping and motivating individuals to be able to kick their habit.”
For the first time ever, environmental crimes will be enshrined in Maltese law, outlawing the manufacturing, transportation, dumping or release of environmentally deleterious substances.
The destruction or trading of protected species of flora and fauna will also be made illegal.
Proposal to assign more community work
One proposal is to grant the courts the authority to assign community work to individuals who receive suspended sentences. Community service is currently limited to those on probation, with 13,000 hours being assigned over the past year.
The minimum age of criminal responsibility is to be raised from nine years to 14 and malicious intent must be demonstrated to prosecute minors between the ages of 14 and 16.
In an attempt to further harmonise justice systems across the EU, crimes committed within other member states will be taken into account when an individual is being tried.
This, the minister explained, will prevent individuals from being classified as first-time offenders when they have a criminal history of having committed similar crimes in other EU countries. Similarly, individuals under probation will continue their probation when they move to another EU country.
Homophobic intent will be granted the same importance as racism, with any criminal acts motivated by homophobia receiving an increased sentence.
Legislation concerning the age of sexual consent is to be tweaked for cases where the victim is between 16 and 18. In such cases, the courts will be given the discretion to halt proceedings if the age and maturity gap between the two is minimal and sex was consensual.
Agreed sentencing, whereby the defence and prosecution can agree on a proposed sentence to suggest to the court, is to be entrenched into court structures and made available at any stage of proceedings.
The Chief Justice will also be given greater flexibility in the running of the courts. He will have the power to delegate specialised work to different court sections as well as assigning magistrates solely to magisterial inquiry work, if they so wish.
Regulations concerning fireworks licences are to be toughened up, with the Police Commissioner empowered to revoke a person’s licence if he commits any number of crimes or has a history of mental health disorders.
The proposals call for harsher sentences for attacks on public officials, acts of fraud, human trafficking, prostitution, grave site defacements, vandalism of public monuments, anti-democratic crimes, corruption and racketeering.
Those who have committed violent thefts such as hold-ups will no longer be liable for suspended sentences or probation and nor will individuals found guilty of prostitution-related offences.
The Immigration Act is to be amended, bringing it in line with EU directives. The amendments concern procedures for the removal of migrants whose asylum application has been rejected.
To better combat money laundering, a criminal assets bureau based on the hugely successful Irish model will be established next year.
Legislation will also be amended to transform the Malta Police Association into a union, albeit one with no power of industrial action and provided it does not associate itself with any other union.
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David Green
Dec 1st 2011, 11:02
A Maltese true story
A 39 year old friend of mine has been going up to court for the last 4 and a half years for the presumed possession of half a joint according to the police. He was actually smoking a roll up cigarette and tried to explain this to the police but all in vain.
He had to go to the police HQ, and asked to sign a statement that he was actually smoking a cigarette. Two years later he was summoned to court on possession of cannabis.
All the police had to do was to send the half rolled up cigarette for lab tests, something which they had not done to this day but instead they summoned him to court without any real case.
Need i say more about the ridiculous legal system we have to put up with?
Kevin Cilia
Nov 30th 2011, 12:22
It’s pretty clear that cannabis is much less harmful than alcohol. Why aren’t we allowing people to grow it if they want to instead of creating this criminal market which leads to all sorts of problems? I understand that thousands people in maltes use cannabis regularly. Why are we giving this huge market to criminals
Paul Smith
Nov 29th 2011, 19:04
Charles, Malta is part of Europe, you may want to brush up on your Geography. As for Portugal, well i've been in both Malta and Portugal and apart from Portugal having financial difficulty (a lot like the rest of Europe and soon coming like a thunder bolt to Malta) i would say that Portugal is a far more mature democracy than Malta (no offense maltese people).
Portugal's drug policies have been a resounding success whilst Malta's are steeped in ignorance and immaturity
Johnathan Cilia
Nov 29th 2011, 17:39
Slow progress, but this is the Maltese way.
At least it's a step in the right direction. Have hope, people :)!
Mr leo attard
Nov 29th 2011, 19:55
funny it is arriving just as the election draws nearer!
Charles Cremona
Nov 29th 2011, 17:13
Now these kids know they will not get arrested for a first offence, those that might have taught twice before that first hit will now do it thinking if I get caught nothing will happen. This is a very naive decision taken by the authorities basicily following Europe, we will OK shooting in designated areas next like Portugal, and look what state that country is in now.
Mark Farrugia
Nov 29th 2011, 19:17
http://www.bbc.co.uk/news/uk-11454671
Enough said
Roger Camilleri
Nov 29th 2011, 19:20
Charles, Malta is actually PART of europe. So seeing as most of the major european countries have now decriminalized cannabis, why shouldnt malta follow suite? And for your information, Portugal's financial situation have nothing to do with its drug policies, and it is very ignorant of you to say so. The stance portugal has taken on drugs has actually lowered its addiction rate to the lowest in europe.. therefore showing its effectiveness. i think we should take from this and learn something.
David Caruana
Nov 29th 2011, 20:30
Kids kids kids! Kids should be taken care of by their own parents!
What about adults, Charles? Do you really want to tell us what we can or cannot smoke?
Dream on! We will take what is rightfully ours - full responsibility over our body and mind.
Jean-Michel Azzopardi
Nov 29th 2011, 12:36
Free Daniel Holmes
Roger Camilleri
Nov 29th 2011, 12:09
If this is the court's way of shutting us up they are very, VERY wrong. This is definitely a step forward but we wont stop until we get our rights
Michael Pace
Nov 29th 2011, 11:35
Finally it seems that the people's outcries are being heard. Two thumbs up for harsher sentences on real crimes.
The first step towards a sensible approach to substance abuse seems to have been made as well, however, no classification of substances has been introduced. Moreover, how much is 'possession'? I am afraid that this is term is very ambigous and subject to individual interpretation. Let's hope a clarification will be issued on how much falls into the Warning criteria.
J lanzon
Nov 29th 2011, 12:47
Classification is not asking for much, it just makes good people look good not bad..
J lanzon
Nov 29th 2011, 11:17
This won't be anough to cover the cannabis laws. WE want our rights!
David Caruana
Nov 29th 2011, 12:25
We WILL have our rights ;-)
Paul Smith
Nov 29th 2011, 10:30
Great, so a regular cannabis user whom rather enjoys a toke rather than an alcoholic drink because he/she knows alcohol kills, damages the liver, shrinks the Brain and is highly addictive - gets caught with a joint or some cannabis - gets cautioned by a special drug court and then sent to a course telling him the dangers of Cannabis - which is less harmful than coffee!
(now government gets to report to the TOM - that x amount of thousands are under going Cannabis addiction treatment) and demonize a harmless cannabis and those that use it - FAIL FAIL FAIL
Seen it all before in the UK - In the UK they now use these statistics to lie and to say X-amount of people are in a rehab course for addiction to Cannabis therefore we the Government will not legalize or tolerate cannabis production and supply as it is addictive and is harmful to communities (Lies damn lies and statistics)
The people whom are convicted for possession or cultivation in the UK are told to use addiction in their court plea - if they are young they are sent for re-education about Cannabis and addiction - they show up, go through the motion and carryon smoking Cannabis because they enjoy it rather than being drunk off their mind. The statistics are then used to frighten gullible members of society - hence why you get a drunk on a bar stool demonizing cannabis because he does not realize alcohol is a drug!
In the meantime - big pharma pour billions into cannabis drug research and has brought Cannabis drugs to the market with the full sanction of government - We are all sick of the lies
J lanzon
Nov 29th 2011, 11:42
Couldn't have said it any better.
David Caruana
Nov 29th 2011, 09:53
First step towards decriminalisation, it seems. But you're a long way from getting it right Carm. Look at the statistics from Portugal and learn.
Up until few months ago, the Minister opposed harm reduction / decriminalisation which was being proposed by heavy weights such as Dr.Grech of Sedqa, President George Abela, UN ex-secretary general Kofi Annan and entreprenuer Richard Branson.
Again, he showed how unprepared he is to be doing his job.
Franco Attard Trevisan
Nov 29th 2011, 11:40
spot on!
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