If someone at a party sought medical attention after consuming an illegal substance, doctors are expected to pass on details of their drug abuse to the police. Photo posed by model

Lives are being put at risk by the police practice of charging drug users who seek medical help, according to leading criminal lawyer Joe Giglio.

If someone at a party sought medical attention after consuming an illegal substance, for example, doctors were expected to pass on details of their drug abuse to the police, Dr Giglio explained.

“I frequently come across cases where young people were charged on the basis of a medical test in hospital,” Dr Giglio said.

“It is a deterrent to going to hospital. It puts people at risk of overdose because they have to choose between medical intervention and a drug charge,” he added.

The police confirmed that if patients were suspected to have used or abused drugs, reports were passed to them.

A police spokesman said medical practitioners with knowledge of a crime were duty bound to inform the police, under Article 355AD (4) of the Criminal Code.

He said doctors almost always passed on information of drug abuse, but if they refused the police would seek an order from a magistrate to force them to do so.

The use of psychotropic and narcotic drugs is not recognised in Maltese law , per se, although use of these substances, if proven in court, will lead to a conviction for possession or trafficking.

A failed drugs test in itself is not a crime, the police confirmed.

However, it indicates that the drug was in the possession of the person who failed the test.

Dr Giglio said a positive test for a specific illegal substance would lead to a presumption of recent possession.

In such cases, users often admit to the charge themselves.

A week ago, Goran Stoyanovich, 33, who admitted using cannabis in the past, was charged with possessing the drug even though it was not physically found in his possession.

In the UK and Italy, countries often cited for their similarities to the Maltese legal system, drug use in itself is not illegal and proof of use does not denote possession.

The Home Affairs Ministry recently said two prison warders suspended for testing positive for cocaine would be charged in court.

A ministry spokeswoman said they would face charges of possession for personal use, even though they were not actually in possession of cocaine when the test was conducted.

It puts people at risk of overdose because they have to choose between medical intervention and a drug charge

She would not say if the warders had admitted their crime as investigations had not been completed.

The ministry said random drug tests were carried out at Corradino Correctional Facility because Home Affairs Minister Manuel Mallia was determined to do everything in his power to stamp out drug use in prison.

The warders had not been suspected of being drug users beforehand, but the minister wanted to leave no stone unturned in his mission.

Police said investigations into the prison warders were still ongoing and the Attorney General was being consulted.