A reform of the judicial system has been one of the government’s priorities from the very birth of this legislature.

Time was not in this government’s favour. Our first urgent challenge was the way the general public had lost faith in our justice system, for various reasons. That aside, we were duty-bound to implement measures from the EU-driven Stockholm Programme, which in some instances was nearing a statutory deadline of implementation.

While wanting to implement in a timely fashion, we wanted measures that were in tune with the nation’s real needs. By the end of 2013, the Justice Reform Commission was already organising consultation sessions with the general public and business communities. After lending an ear, the Commission was able to present a report containing no less than 450 proposals, aimed at a holistic reform.

We immediately embarked on the laborious task of turning proposals into implemented measures. The changes that have already been introduced are starting to make a difference, as scientific evidence indicates for every quarter. Civil and criminal courts have become more efficient in terms of procedure.

Simultaneously, new rights were granted to citizens at large, in line with developments in European and foreign jurisdictions.

Though there is a long way to go, change is happening.

Institutionally, the justice system is fairer now than it was before. Those suspected of committing a crime, or those who have been accused of a crime, have been granted the crucial right of disclosure upon arrest. Every citizen is now better equipped against illegal arrests. Those who have been accused of serious drug-related cases can appeal the decision, which is now based on objective guidelines, as to whether to be arraigned in front of the Criminal Court or the Court of Magistrates. Until recently, they had to depend on the Attorney General’s discretion upon arraignment.

Plea bargaining has been extended to all criminal courts, whereby the defendant can agree to plead guilty to a particular charge in return for a concession from the prosecutor. In committal proceedings, upon pleading guilty, the Criminal Court may now give judgment on the case of the accused without having to go through the full-length committal process, which may take years.

The social sphere has not been neglected. Until a few months ago, legal aid was provided from a small office in the Family Court and financed by the Attorney General. This system was criticised for a number of years, as the AG is the country’s chief prosecutor.

We now have a separate, autonomous legal aid agency to act as a one-stop shop, providing administrative support in respect of any matter connected with legal aid. The agency will undertake studies and appoint task forces or committees for the purpose of improving and reforming of the system of legal aid as may be necessary from time to time.

There has been a revolution where drug abuse is concerned. We believe that victims of addiction need assistance and are to be valued as patients, rather than frowned upon as criminals. Reforms in our drug laws reflect this belief. I proudly observe that other countries are taking our lead. Individuals charged with simple possession of an illicit substance are now referred to a largely administrative tribunal, presided by a social worker. This tribunal has the discretion to impose fines and provide advice in favour of rehabilitation. Feedback so far has been very positive.

Civil and criminal courts have become more efficient in terms of procedure

Individuals charged with more serious drug crimes, which would attract a mandatory prison sentence, may avoid incarceration and be granted a second chance, if they prove to a separate and specialised Drug Rehabilitation Board that they have overcome drug abuse, or have the willingness to do so. This does not apply to the most serious drug trafficking offences. I am sure that we, as a society, will reap the benefits of these decisions in the near future.

We have implemented European directives protecting crime victims, granted new rights of interpretation and translation to arrested persons, imposed harsher penalties in place for those found guilty of sexual exploitation of minors and created a new bureau for management and recovery of assets deriving from criminal activity.

We are aware that lengthy court procedures may result in an adverse effect on liquidity of businesses and companies. We have introduced an unprecedented array of measures that improve expediency in our Civil Courts and diminish unnecessary delays.

Technology is being used in our favour. Advocates and legal procurators now enjoy free access to court decrees, transcripts, witness statements and information of summons. Information of postponements is now being sent to advocates and clients via SMS. All details relating to acts are accessible online at any given moment. Warrants and other useful information are available to all legal professionals. Citizens are granted free online access to acts related to their case.

Building on the experience of foreign jurisdictions, judges in the Civil Court have each been assigned full-time court attorneys chosen by the judiciary itself to assist in the research, drafting of judgments and court orders, and writing memoranda. This will result in a marked improvement in the celerity of court procedures in the civil sphere.

A Bill that will further amend and simplify laws of civil procedure and reduce bureaucracy has been approved at committee stage in Parliament and will become law in the coming days.

There is much to say about how our judicial system is undergoing reform. Much more is yet to come, eager as we are to implement measures at a rapid yet well-studied pace. We will not compromise the quality of our judicial system but we will keep implementing the change that we promised.

We will keep our word.

owen.bonnici@gov.mt

Owen Bonnici is Minister for Justice, Culture and Local Government.