Updated: Debono 'reservations' on new arrest referral scheme
Video: Mark Zammit Cordina
First time offenders found carrying drug for their exclusive use will have the option to opt not to go through court proceedings if a scheme moved for consultation today is finally adopted.
The consultation process, launched by Justice Minister Chris Said, is open until August 10.
Introducing the scheme, Dr Said said the proposal was made by the National Commission on the Abuse of Drugs, Alcohol and Other Dependencies and is in line with government policy to fight traffickers but help victims.
Through the Arrest Referral Scheme, first time offenders would have the option to avoid court proceedings and keep their record clean by taking up another process which would see them get all the necessary help to kick the habit.
Dr Said insisted that the government wanted to increase its efforts to fight drug trafficking but help victims.
Commission chairman Marilyn Clark explained that for a first time offender to be eligible he would have to admit to the offence.
Once the person is arrested, checks would be carried out to find out whether he had a previous drug conviction and if he wasfound to be clean, the police will call in an arrest referral officer, who would guide the offender on the procedure and give him the choice whether to go ahead with the normal court proceedings or benefit from the scheme.
If the offender opted for the scheme, he would appear before an extra judicial body made up of a chairman and two experts in the drug rehabilitation field.
The aim of the judicial body will be to guide the person out of the problem and impose measures depending on the case.
If these conditions were breached, the police would be able to take action in the magistrates' court. However, anything that happened before the body would not impact the criminal case, Dr Clark stressed.
FRANCO DEBONO HAS 'SERIOUS RESERVATIONS'
Nationalist MP Franco Debono in a comment to timesofmalta.com said he had 'serious reservations' about the proposal and feared it would not actually achieve anything.
He said the current system could continue to be used, with enhancements, rather than creating a parallel system.
The new system, he said, would complicate matters possibly without any tangible improvement.
Dr Debono siad that reform of the drug laws was one of the points in his private members’ motion, currently being debated in Parliament, and he had already expressed his reservations about these proposals during that debate. He had also proposed the enhancement of the current system without trying to reinvent the wheel.
First offenders, he said, were already being granted conditional discharge and probation orders which did not figure in the conduct sheet.
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26 Comments
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Robert Louis Fenech
Jul 13th 2012, 20:52
stupid and useless. Regulate the market, NOW! before more people waste their lives due to drugs and their stupid prohibition. Only way to regulate drug use is by regulating the market. No other way. None. Zero. Forget about it. This is a waste of money.
Seeing this work, I'd be insulted if the ministers didn't return that 500e increase. Shoddy work bros.
Francis Saliba M.D.
Jul 12th 2012, 04:31
If only Dr Franco Debono would pause for one moment to ponder about the strong reservations of his Nationalist Party and of those who voted for him about his shenanigans in his own interests and in the interest of his criminal clientèle!
Fleur Mifsud
Jul 11th 2012, 14:08
Is it possible that the minister does n't know that a conditional discharge is not recorded in the contact sheets?
Basically this 'reform' is no reform at all!
Susan Cassar
Jul 10th 2012, 22:57
i agree with most of you here i believe 1st time offenders need actually to be taught a lesson and 'scared 'rather than a cushy counselling program...what they need to do is speed up the sentence process which would be easier if this is done within a separate court with all the case decided on the same day..like the warden ticket system but there definitely still needs to be something that makes the offender feel as though he did something wrong..rather than affecting the guy/girls future slap em with a nice fine..which is decided immediately otherwise the person won't know what the punishment is for if his sentence is given to him 5 years later!
joseph portelli
Jul 10th 2012, 20:12
"Through the Arrest Referral Scheme, first time offenders would have the option to avoid court proceedings and keep their record clean by taking up another process which would see them get all the necessary help to kick the habit." So he/she would be able to apply and join the police force or military! We have enough problems, please think before you propose such schemes.
George Cutajar
Jul 10th 2012, 18:14
I guess that would also mean that first time offenders would not need the services of a criminal lawyer as they will not need to appear before the magistrate who wold normally grant a conditional discharge or a probation order.
Prosit Dr. Said you are killing two birds with one stone - helping young victims of drugs and at the same time removing unnecessary case load from the Magistrate's courts and all this without in any way diminishing the seriousness of drug abuse.
Andrea Sammut
Jul 10th 2012, 17:53
Franco Debono would of course have serious reservations... He is a criminal lawyer and thus this scheme draws clients away from him...
Food for thought :)
A.R Bonello
Jul 10th 2012, 18:55
Andrea, Dr Debono is a criminal lawyer and therefore should be defending CRIMINALS not mere users..get it?
He has, rightly so, called for a reform on the drug Laws...and this proposal is utter rubbish...so i agree with his ¨Severe Reservations¨.
Josephine Muscat
Jul 10th 2012, 17:11
Bis-serjeta..... It would literally encourage all to seek that option and get carried away with the drug habits and then viva il-vizzju li kulhadd am jixtieqx fuq uliedu.... Dan hu il-progress ta Dan il-govern? Messu Chris Said jaf ahjar .....
Reuben Zammit
Jul 10th 2012, 16:59
I thought repeat offenders would more likely be habitual abusers who truly need help than joe average unlucky enough to be found out having the occasional joint. pray tell me, how did this gimmick get chosen over decriminalisation?
Robert Callus
Jul 10th 2012, 16:54
An irrelevant law that changes practically nothing.
1) Personal use of drugs is still a crime (even though there are no victims)
2) There is still no classification between soft and hard drugs. Which gives an incentive for dealers to invest in hard drugs - where the big money is.
and, most important
3) It doesn't address anomalies such as having cultivation in all situations considered as the equivalent of trafficking. Even if a person has only one plant, for his own use. Even if he never sold a single gram and has no intention to do so, he is punished like a trafficker. With a minimum effective jail sentence (i.e cannot be suspended).
Manuel Mangani
Jul 11th 2012, 08:51
Robert, many have rightly been clamouring for decriminalisation for years. This is an important first step.
What I personally disagree with is that it is limited to first time offenders. All those found in possession of drugs not clearly intended for sale or other forms of trafficking should, in the first instance,, be referred be referred to an extra-judicial body which would examine the background and make recommendations about treatment.
I agree that to consider all forms of cultivation as trafficking is stupid, shameful and counter-productive. A constitutional case regarding a couple of such convictions was initiated last year. Sentencing should be due soon.
Francis Saliba M.D.
Jul 10th 2012, 16:52
The best way for government to ensure greater success in fighting the drug traffickers whilst aiding bona fide victims of drug abuse is to attach this good measure not only to a guilty plea but also to aiding the authorities with information about the source of their illegal drugs. One must keep in mind that most of the illegal drug traffic at street level is carried out by drug abusers themselves in order to sustain their habit.
A.R Bonello
Jul 10th 2012, 18:42
When will you realize that removing a drug trafficker = Job opening for the next one?? And since drugs are controlled by the underworld what would make you think one would mention their name? Not all traffickers are users, most of them are just making use of the prohibition to fill their pockets...Legal regulation is the way forward. It will reduce crime and generate funds for the addicts with money to spare for hospitals ambulances etc
joe attard
Jul 10th 2012, 16:51
How about having similar schemes for other vicious soul destroying hobbies such as drinking and hunting!
Carmel Vella
Jul 10th 2012, 16:39
Personal liberties have to be protected by the citizen. Laws can , and will be manipulated by lawyers , and only the rich who can afford the best lawyers will win. The best defense, is, DO NOT GET CAUGHT.
Francis Saliba M.D.
Jul 10th 2012, 17:08
@ Carmel Vella, today at 16:39
A much better advice is DON'T BREAK THE LAW,
Joseph Mifsud
Jul 10th 2012, 16:39
What about current youths (first time with drugs for personal use) that have the conduct marked forever? Are the authorities going to clean it for them, at least?
Joseph Aquilina
Jul 10th 2012, 17:43
This is not a bad idea, but I am afraid the system might be abused. As for those who have their conduct dirty; they knew the laws and opted to break them, therefore it would be unfair to give them a clean conduct like that just because the law has changed.
Franco Attard Trevisan
Jul 10th 2012, 16:21
Quote : 'Through the Arrest Referral Scheme, first time offenders would have the option to avoid court proceedings and keep their record clean by taking up another process which would see them get all the necessary help to kick the habit.'
... Why is it being assumed that someone who is found in possession of an 'illegal' substance has a habit and needs help??? Is everybody who has a social drink an alcoholic?? If that is so, 99% of Malta is in urgent need of therapy!!!
Decriminalization is the only decent solution but the authorities will never admit it!!
Mr Duncan Scerri
Jul 10th 2012, 16:02
Not nearly enough movement on this very important issue. This needs to be much more far reaching.
What we do to ourselves in the privacy of our own homes is nobody else's business and no-one should be subjected to any form of penalty.
David Caruana
Jul 10th 2012, 15:51
Once, twice or twenty times, what a person does to his or her own body is a private matter and the State should have no authority on the matter, especially if the substance used is scientifically proven to cause less harm than the legal and regulated drugs of alcohol, tobacco and pharmaceuticals
The State should only interfere when there are unregulated and illegal sales of ANY substance, including home made wine which is often sold illegaly without the necessary licenses.
Although this is a step in the right direction, the PN Government is still a long way from an efficient and sensible Drug Policy.
Reuben Zammit
Jul 10th 2012, 17:02
This is not a step in the right direction at all, that's where we disagree David. It will only serve to cement the impression that the occasional joint smoker is a hardened addict and abuser in need of help. Nothing short of decriminalisation makes sense, where each individual with a moderate amount is assessed individually and only in certain cases judged to be in need of help, and NEVER criminalised no matter how many times they are found out
Francis Saliba M.D.
Jul 10th 2012, 17:14
@ David Caruana
What a person does to his/her body is NOT a private but it is the legitimate concern of all society that has to pay out of its own pocket for repairing the health and criminal damage caused by the abuse of drugs.
Biker Man
Jul 10th 2012, 15:33
Heh so they are trying to make us believe that anyone caught carrying a couple of joints for his own personal relaxation and fun is a 'victim' who needs help and has a 'habit' and needs 'rehabilitation' OH COME ON FACE REALITY ONCE AND FOR ALL !!
Charles Micallef
Jul 10th 2012, 15:28
First time offenders found carrying drug for their exclusive use will have the option to opt not to go through court proceedings if a scheme moved for consultation today is finally adopted ... finally and after years of camgaining ....common sense previal... thank you Hon. Minister on behalf all those youngsters who we help to put back on the right track and who committed a silly mistake and then have the conviction splashed on their conduct for the rest of their life!!!
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