In a news conference, the Minister for Justice and Reform of the Construction Sector Jonathan Attard announced a public consultation on a number of legislative amendments related to the Drug Court, 10 years after the introduction of the same reform. The legislative amendments deal with the Drug Addiction Act (Non-custodial Treatment), Chapter 537 of the Laws of Malta, and aim to create a fair and effective balance between the interest of obtaining -justice and the rehabilitation of persons caught with drugs.
Minister Attard began by saying that “it is in the interest of every person in the society we live in that we do not slam the door in the face of those people who for one reason or another have become victims of drugs. But we believe that these victims should find a shoulder for a better life.”
Minister Attard added that this reform is a series of bold initiatives that this Government is taking to continue to strengthen our country. “Together we will continue the journey towards effective justice and efficient justice, where everyone is held accountable for their actions but in a proportionate way, so that we can really continue to build a fairer society,” repeated Minister Attard.
The Minister emphasized that at the center of this reform are the drug victims and not the drug traffickers, where the punishments remained the same to continue serving as a deterrent. He stressed that as a Government he understands the importance of fighting against these people who abuse the vulnerability of others to make personal gain, particularly financial, and this bill, which is being submitted to the public consultation, does not reduce anything from this fact.
The Chairperson of the Advisory Board for Sentencing Policy Dr. Alex Scerri Herrera explained in detail the main proposals of the reform that will be addressing several different tracks, including the efficiency and compliance of -procedures, further strengthening of the Board for the Rehabilitation of Persons Arrested with Drugs and an amendment that deals with the juries that deal with drug-related cases.
The main proposals look at:
- Expanding the composition of the Rehabilitation Board of Persons Arrested with Drugs and the duty that the decisions of the same board are substantiated by giving reasons.
- Clarification of the requirements for the Court to convert itself into a Drug Court, including the exercise of the Court’s Discretion to convert itself into a Drug Court.
- Reform in the procedure of communicating the Board’s Decision to the Other Courts.
- A fairer process for those who have served a sentence in past simple possession cases in the Correctional Facility.
- Increase in the indicative amounts mentioned in the Guidelines contained in the schedules of Chapters 31 and 101 of the Laws of Malta.
- The possibility of Trial in the Criminal Court Without Jurors for the causes related to drugs.
Minister Attard announced that this reform is being submitted for wider consultation of society and citizens, and this is to continue the democratic exercise of consultation on such an important field. This public consultation will be open until Friday 9 February 2024 and everyone can submit their proposals.
