Parliamentary Secretary for Justice Owen Bonnici yesterday announced a number of “important and courageous” amendments to improve the judicial system.
Introducing the Various Laws (Criminal Matters) (Amendment) Bill, Dr Bonnici said this followed the Justice Reform Commission report presented by commission chairman Judge Giovanni Bonello.
He said the 450 proposals and measures would go a long way to improve the courts and the judiciary.
The first important measure proposed by the Bonello Commission was that, if anyone accused of a serious crime pleaded guilty during the compilation of evidence, a sentence could be handed down quickly after it had been negotiated between the prosecution and the defence.
A number of pending cases could be concluded without the accused waiting in jail for his case to be heard, Dr Bonnici said.
One amendment would see a hike in the penalties with regard to defilement of minors
The Bonello Commission also referred to the EU directive on the right of assistance during one’s arrest. The rights of an arrested person, including access to a lawyer, were still weak in the local justice system. The right to an interpreter and to information during criminal proceedings would radically improve the rights of the accused. This would go into immediate effect and well ahead of the deadline imposed by the EU of November 2016.
Turning to another reform being proposed, Dr Bonnici said that, based on the direction given by the Bonello Commission, access to legal representation by persons under arrest was being strengthened as was their right to information during criminal proceedings. These measures would greatly strengthen human rights.
Dr Bonnici said that the proposed amendments would oblige the police to tell apprehended persons of their legal rights, including to legal aid, information, medical treatment and redress. He described this change as revolutionary since it gave the suspect full information as well as the potential to challenge arrest. Moreover, this would also lead to less paperwork during the compilation of evidence at trial stage.
One amendment would see a hike in the penalties with regard to defilement of minors. Another was the revocation of probation rights after a probation officer has made a formal complaint.
The minister expressed concern at the Attorney General’s discretion over where to direct certain cases. The government intended to address this issue.
Dr Bonnici described the proposed amendments as “extensive and brave” and which strengthened the hand of police in the fight against criminality. At the same time they sought to uphold human rights and provide for the effective administration of justice.
Earlier in his address, he said that Natalino Attard, a respected civil servant and a legal procurator, had been appointed director general to assist in these reforms.
There were a number of constitutional amendments on which the government would be seeking consensus with the Opposition, and so far the discussions had been very positive, Dr Bonnici said.
Kevin Aqulina, Dean of the Faculty of Laws at the University of Malta, had been asked to formulate amendments which would be discussed in the near future to strengthen the Commission for the Administration of Justice and improve legislation so that the judiciary would fall under the necessary scrutiny.
Dr Bonnici thanked the members of the judiciary for the proposals they had made because they too had understood the need for heavy scrutiny due to the responsibility of their role.
A total of 100 proposals required legal amendments in various laws and policies and the government was committed to implementing them without delay. Some proposals, which included the appointment of a judge for Gozo, did not require any financial outlay.
Dr Bonnici thanked the staff at the law courts, told them he had full confidence in their work, and assured them that any changes in the organisation of the courts would not affect their job security.
If the law courts become a corporation rather than continue to be part of the civil service, as has been suggested by the Bonello Commission, this would be done so that the structures would strengthen the way the courts operated. In this way, if there was a vacancy, it could be filled without delay.
He noted that a good employee in the courts was immediately headhunted by the private sector, and very often the public services lost very good people who were greatly needed. More flexibility and better working conditions to compete with private industry would be ensured in order to retain the best workforce. An internal seminar would be held for all stakeholders so that everyone could freely air their concerns.
Dr Bonnici also pointed out that the involvement of the MCESD was crucial for this reform to be a success. If commercial cases were not resolved quickly, this also affected competitiveness. Often, potential investors remarked on this point and it was heartening that the social partners had agreed to the process of consultation.
The Bonello Commission had also proposed substantial financial investment in various sectors, all necessary. The Justice Ministry was working hand in hand with the Ministry of Finance to make sure enough funds would be forthcoming. EU funds were also being sought to upgrade this important sector.
The justice system, he said, was in a shambles, with lawyers, magistrates and judges working in a structure that was outdated and staff working with few resources.
An SMS system to inform clients and lawyers of deferrals was in place and e-mails with court decrees were being sent to clients. There was also the facility available to open a court case from the comfort of one’s home and further use of IT was planned, Dr Bonnici said.
A number of working groups had been set up involving some of the best legal minds in the country, who were not only happy to contribute their time but even refused any emoluments for their work because they saw this as a service to the country.
Each committee was working on a specific proposal such as the sentencing policy and the removal of archaic laws.
Dr Bonnici said he would soon be announcing the names of those helping in this work.
“We have to work methodically and carefully, because we cannot afford to make mistakes,” he said, adding that one had to push forward because these reforms could be delayed no longer.