Parliament speaks with one voice on suspension of time limits for release on bail if accused self-harms

The House amends legislation in bid to stop delaying tactics by people accused of serious crimes

File photo
File photo

The House has approved legislative amendments to suspend time limits for the release on bail of an accused person in instances where the individual self-harms.

The amendment to the Criminal Code prevents abusive behaviour from disrupting judicial processes and the administration of justice. The Bill was approved through all stages in a single sitting.

Malta’s Criminal Code used to state that release from arrest is granted if a hearing of a case does not take place within 30 months, in cases where the accused is charged with a crime punishable by 15 years in prison or more.

However, the approved amendments, while retaining the current proviso, allow for the time period to be suspended if the accused tries to disrupt proceedings by inflicting self-harm.

The draft law was published last Thursday by Justice Minister Jonathan Attard, and are being discussed in an extraordinary parliamentary session on Monday following agreement with the Opposition.

Addressing the House, Prime Minister Robert Abela said the amendments highlight government’s commitment in ensuring an efficient and fair judicial system.

“We will not allow anyone to abuse the judicial process,” Abela said.

The PM praised the Opposition for its cooperation in ensuring the amendment is introduced as quickly as possible.

He said there are already provisions in Maltese law which are similar to the amendment put forward, and government “was not inventing anything new.”

Abela said government is continuing to fight criminality. “This government continues to fight criminality. We are not just talking about petty crime, but also organised crime. We don’t just speak about but we act.”

He said that government has already carried out a number of reforms in the country’s judicial system. “We have improved the judicial system, but more needs to be done.”

The PM also mentioned briefly the lengthy compilation of evidence in a number of ongoing cases in Malta’s courts. “Imagine being a victim who has to wait for five, ten years to get justice. That is not right.”

Bernard Grech

Opposition leader Bernard Grech also addressed the House, saying the Opposition felt obliged to help out when approached by government.

“Justice must not only be done, but must also be seen to be done,” Grech said. “A society without justice, is a society that does not respect itself, lives in fear, does not live its democracy and a society that erases the victims’ dignity.”

He echoed the PM’s calls for a judicial system that is “swift and organised.”

“In our country, criminal proceedings are twice longer than the European average,” he said. “This needs to change.”

The PN leader found issue with the PM’s comments on government’s commitment to fight organised crime. “When we presented a Bill to do just that, government shot it down.”

He also said that it would be useless for government to introduce reforms, when individuals in crucial roles “are not doing their work right.”

“The office of the Attorney General (AG) needs to become once again an institution which attracts the best legal minds. For this to happen, the government and politicians’ interference needs to stop. The AG should be elected through a two-thirds majority after a public call,” Grech said.