Madam Justice Edwina Grima.

Social workers would sit beside members of the judiciary to advise them on drug-related cases if changes to drug laws are adopted, Justice Minister Owen Bonnici told Times of Malta.

He was reacting to comments by Madam Justice Edwina Grima who said magistrates presiding over drug cases did not have the tools to help them when making a decision.

“Madam Justice Grima spoke out loud and clear: ‘We need the tools to better assess drug cases’. This is the crux of the entire reform,” Dr Bonnici said.

The judge, who had presided over drug cases when she served as a magistrate, was speaking during a public consultation on the upcoming drug reform on Monday.

She called for better links between members of the judiciary, probation officers and social workers. These, she noted, could offer guidance by informing the court about users’ background.

Dr Bonnici said the comments resonated the essence of the reform, which was aimed at giving the judiciary better tools to decide on drug cases. He said that by introducing social workers to the system, the courts would take on a more social role.

The reform, however, would not stop there. Dr Bonnici said he was also considering setting up a standing committee that could bridge the gap between the social and legal aspect of drug-related crime.

Madam Justice Edwina Grima spoke out loud and clear: ‘we need the tools to better assess drug cases’. This is the crux of the entire reform

This, he said, would be made up of drug experts and professionals in the drug care field who would liaise with law enforcers and members of the judiciary. “This reform will be a constant forward-moving endeavour. Having an open dialogue like this could help keep the way we deal with these cases relevant,” he said, adding that he was considering chairing such a committee himself.

The draft law on drugs proposes that users found in simple possession for the first time would appear before a Justice Commissioner who would give warnings and impose administrative fines. Repeat offenders will appear before a board that will set conditions for rehabilitation.

The reform, however, does not remove all criminal deterrents from drug use. Dr Bonnici is proposing that breaking the conditions set for repeat offenders would be viewed as a criminal offence.

Cannabis will enjoy its own special status, with users facing a fine; conditions will only be set in extraordinary cases.

Dr Bonnici said the process for passing the amendments through Parliament would not be delayed and he expected it to start on October 15, when the House reconvened after the summer recess.

He urged the public to come forward with suggestions and to take part in the consultation process. Suggestions can be made on the reform’s official Facebook page entitled Raise the Bar.