Judges and magistrates were being inconsistent in the way they treated statements obtained by police from people not offered legal assistance, Competitiveness Minister Manuel Mallia said today. 

Speaking in parliament, Dr Mallia said that there was a clear need for measures to iron out any misunderstandings. He noted how different members of the judiciary held different opinions on the matter.

Some judges declared that they would follow a 2016 European Court of Human Rights ruling that declared such statements null, he said. But others remained unsure and there were magistrates who had said that they would only apply the ruling once Malta's Constitutional court had declared it so. 

The ECHR is a Council of Europe court. It was established by  the European Convention on Human Rights and hears cases which allege human rights violations. Member states must agree to incorporate its rulings into their national laws as a precondition for joining.  

Human rights deserved clarity and uniformity in their application, Dr Mallia said.

He also suggested allowing medical professionals more possibilities to appeal Medical Council rulings. As things currently stand, professionals can 
only appeal in cases when their names are struck off the Register.

Dr Mallia also suggested making new Drug Court provisions calling for therapy rather than punishment to also be made applicable to persons whose case is at appeal stage.

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