Inquiry reform Second Reading to be held on 11 February

Government’s parliamentary group has decided the debate at Second Reading stage for the magisterial inquiry reform will be held this Tuesday 11 February.

During a press conference on Thursday, Justice Minister Jonathan Attard and Parliamentary Secretary Glenn Bedingfield said this reflects government’s commitment that the law will be given priority.

Attard said in recent days both the Court, as well as several lawyers, have confirmed the need and “courageous step” government is taking. He said the reform finds its basis in the Labour Party’s electoral manifesto, in the various reports that were presented by the Bonello Commission, the Venice Commission and the Law Commission.

He insisted the reform will strengthen citizen’s rights, empower everyone involved, introduce legal safeguards, strengthen rights for victims and their relatives.

The minister said the government will act decisively against injustices.

Individuals will no longer be able to ask for a magisterial inquiry by filing a direct request with a magistrate. Under the proposed rules, ordinary citizens will have to file a police report first and only after six months can the person ask the Criminal Court to examine at what stage the police investigation has arrived. The judge presiding over the Criminal Court will hear the police behind closed doors, the person filing the request and the suspect.

At this stage, the Criminal Court will decide whether the police should continue with their investigation, with the possibility of giving them a term to conclude it, whether proceedings should stop, or order the police to request a magisterial inquiry as originally requested by the person who filed the report. The court will make its decision on the balance of probability.