Some 1,000 pending drugs cases could be judged more leniently if they are eligible to be assessed under ‘softer’ legislation established by the drug reform, The Sunday Times of Malta has learnt.
A spokeswoman for the Justice Ministry said 1,115 drugs cases were currently being heard before the Magistrates Court.
These, she said, were being evaluated to establish whether they could be judged under new laws.
The drug reform, which came into force last week, does away with mandatory court proceedings for those found in simple possession.
Now, rather than face lengthy court proceedings and the possibility of a criminal record, those found in simple possession of drugs for the first time will face an administrative fine like those handed out for traffic violations.
The spokeswoman said 381 cases were expected to continue to be heard before a magistrate but would be judged within the new legal framework established by the reform. “Although they will be heard by a magistrate, they will be treated like they are in the new drugs court,” she said.
They will be treated like they are in the new drugs court
The drugs court, set up last week, will hear cases for any offence carried out after April 15.
The remaining 774 cases were being assessed and could potentially end up being transferred to the new Drug Rehabilitation Board, the spokeswoman said.
Headed by former European Court of Human Rights judge Giovanni Bonello, the board is tasked with hearing cases for repeat offenders found in simple possession. These will be assigned conditions which may include attending a rehabilitation programme or even community service. Not adhering to these conditions would be considered a criminal offence, which could potentially land a prison sentence.
The spokeswoman said the 774 cases were being looked into before being handed over to Dr Bonello as it was important to exclude those that were committed within the perimeters of a school, a youth club or any place frequented by youngsters – the new law specifically highlights these as offences not eligible for lenient treatment.
Those found in simple possession in correctional facilities will also not be transferred before the new board, neither will those found guilty of administering drugs to pregnant women, minors or to a person following a drug rehabilitation programme.
The new board will also receive referrals for people accused of aggravated possession or even small time trafficking of drugs.
The spokeswoman said the only cases referred would be those punishable by a maximum of seven years’ imprisonment.