When Jenny separated from her husband, the court ordered him to pay maintenance on a monthly basis.

When the alimony did not arrive, she had to find the money to file a court application to get her husband to pay up. The court finally accepted that maintenance should be deducted directly from the husband’s wage to ensure payment was made.

Such situations do happen and the Bonello Commission, a justice reform team, wants to bring an end to them.

It noted that current practice saw the courts reject initial pleas to have maintenance deducted directly from the individual’s wage.

In its proposals to reform the court system, the commission suggested having maintenance payments automatically deducted from any source of income the individual may have, including a pension or social security benefit.

The mediator’s role is to help the parties reach an amicable settlement and not try to help the couple reconcile

In this way, maintenance is paid immediately, giving the individual little chance to skip payments and cutting down on the number of court applications by the aggrieved party.

The commission also called for Family Court judges to draw up guidelines on maintenance payments to establish some form of uniformity.

These proposals are among many intended to make the Family Court more efficient and humane.

The Bonello Commission recommended that Family Court judges be assisted by a social worker and a psychologist who will serve as in-house experts able to deliver opinions in real time.

It also proposed that mediators should not get involved in the scrutiny of agreements in cases where the couple reach an amicable settlement to separate or divorce.

This job should be performed by jurists, a new role proposed by the commission, whose job will be to assist members of the judiciary by drafting judgments and researching.

The mediator’s role is to help the parties reach an amicable settlement and not try to help the couple reconcile, the commission said.

It proposed a voluntary reconciliation service prior to mediation delivered by qualified people.

In a bid to cut down on time wasted in determining what assets the individual spouses have, the commission said the parties should, from day one, file a declaration of assets. Failure to do so will result in a penalty.

Given the sensitivity of Family Court cases, the commission recommended that judgments should not be made available to the public.

At present, judgments can be accessed but names are redacted.

The Bonello Commission

After eight months of consulting different stakeholders, the commission, headed by former European Court of Human Rights judge Giovanni Bonello, drew up a 450-point blueprint for change.

In a second instalment, Times of Malta highlights more interesting proposals.

Right to a lawyer

The commission argued that a suspect should have a lawyer present during police interrogations that will be video recorded. Before interrogation starts, the police will be obliged to inform the suspect and his lawyer of the alleged crime committed. The lawyer will have the right to speak for up to one hour with his client before the interrogation starts. At present, a suspect has the right to consult a lawyer by phone without even knowing what the alleged crime is.

Decibel meter

Given the high number of district cases involving noise complaints by neighbours of entertainment outlets, the commission proposed the mandatory inclusion of a decibel meter in these clubs that will shut down the music if the noise rises above the level permitted at law. This will prevent costly court cases that include the appointment of experts to determine noise levels.

Criminal libel

The commission proposed the removal of criminal libel and, rather than have journalists thrown into prison for what they write, they should be made to pay civil damages. However, the commission recommended that a minimum and maximum threshold for damages should be established with the upper limit reaching €25,000, almost double what it is today.