The decriminalisation of drug possession for first-time offenders would not necessarily reduce abuse and legislators should concentrate on reinforcing the rehabilitation of abusers, Madam Justice Edwina Grima said today.

Speaking during her inaugural speech as judge, Madam Justice Grima said that in her seven years as magistrate, she had seen the desperation of people of all ages who would have fallen victim to drugs.

In most cases, she said, the accused would be a victim and not a criminal.

She said it seemed this problem was being tackled by the executive and amendments were being proposed to regulate drug possession and trafficking.

Abuse of both soft and hard drugs, she said, had unfortunately increased considerably and new cases were brought before the courts each year. This was apart from the many other abusers who were not caught by police.

Madam Justice Grima said legislators should ensure that the amendments they proposed would reduce abuse as this in turn would reduce trafficking.

This can only be done by strengthening rehabilitation and not through decriminalisation, she said.

A person caught smoking a joint for the first time was not necessarily a habitual abuser and one would not be mitigating the problem by removing the fear of a judicial process.

The courts never hung a Damocles' sword over these people’s heads but always gave them another chance.

But the legislator had to ensure that victims were given all the necessary help through an adequate structure and reasonable funds which could permit the court to provide abusers with all the necessary help.

She said that, unfortunately, the law did not give the adjudicator the necessary legal tools for this to happen, as even a person caught trafficking a small amount had to be penalised with a jail term.

Small traffickers usually only trafficked to sustain their own vice and not for financial gain.

Madam Justice Grima said she had seen cases of people as young as 16 facing a prison term for cultivating a small plant for personal use or for buying drugs to share with colleagues who would also be victims.

The law, she said, did not distinguish between real traffickers and such people.

Madam Justice also spoke about problems in the administration of justice and said that although the people were justified to complain about delays, the problem would not be solved unless the necessary human resources were provided at all levels.