Are there any benefits from a guilty plea?

The Criminal Court discussed and decided on whether an accused should benefit from any reduction in isentence if he pleads guilty to the charges brough against him. This was discussed in a judgment delivered on 10 September 2025 in the Republic of Malta vs Ismael Alirou, presided over by Judge Neville Camilleri.

Ismael Alirou was accused of raping a girl under 16 years of age in July 2018. He was also charged the corruption of a minor and encouraging her to enter into prostitution. Alirou was also accused of living off the earnings of prostitution.

On 30 July 2025 the Attorney General and the accused registered a joint application, where they agreed that the punishment should be a jail term of nine-and-a-half years, once the accused admits to the charges.  This was in terms of Article 453(1) of the Criminal Code. The accused confirmed his guilty plea after he was asked to reconsider by the court. He also confirmed that he agreed with the punishment he had brokered with the prosecution. Following this guilty plea, the court declared that the accused was guilty of the crimes he was accused of.

Mr Justice Camilleri made reference to a previous judgment in the Republic of Malta vs Alessandro Giuseppe Gandolfo, which cited those parts of the Criminal Code that outline the sentencing policy when there is an early guilty plea. This judgment, in turn, made reference to other judgments, notably Republic of Malta vs Nicholas Azzopardi, decided on 24 February 1997, and the Police vs Emmanuel Testa decided by the Court of Criminal Appeal on 17 July 2002.

The court also quoted from Blackstone’s Criminal Practice in which the author of the book discusses whether the sentence should be reduced by a third if a guilty plea is filed. The author said that the court should take into account the strength of the evidence against the accused or on whether the accused has assisted the prosecution in testifying against co-offenders. If on the other hand the accused was caught red handed, then there was no need for any discount. The court may decide not to give a discount, if it is in the public’s interest that a long sentence is necessary to keep the public safe. Another instance where no discount is given is if the guilty plea is a tactical plea when it is given at the last moments of the case.

The court held that it kept all this in mind and as such agreed with the punishment reached between the Attorney General and the accused, Ismael Alirou.

The court then confirmed that the accused was guilty of all the charges and awarded him a prison sentence of nine-and-a-half years. A protection order was issued in favour of the victim and he was also ordered to pay all the court costs.