We are writing history, but more importantly, we are delivering on our promises and continuously implementing reforms.
This week I announced that the separation of the dual roles of the Attorney General will take place as of the 18th of December 2019. This follows on the announcement of the appointment of Dr Victoria Buttigieg as the first State Advocate last week. This appointment is a first in our legal history and it gains more significance in the light of the fact the Office of the Attorney General has exercised dual functions since 1936 when it was set up in its current form and designation.
Dr Victoria Buttigieg graduated as Doctor of Laws from the University of Malta in 2001 after which she furthered her studies and was awarded a Master of Arts in Financial Services. Since 2007 she has been working at the Office of the Attorney General and today occupies the post of Assistant Attorney General. She has worked extensively in the field of litigation, with a specialisation in civil, administrative and constitutional law and has represented government at various international meetings and committees. She has also contributed to a number of law reform projects.
Dr Buttigieg’s appointment comes after a public call and following a unanimous advice of an Appointment Commission. This is a first and this procedure was utilised following the recommendations of the Venice Commission which the government itself sought in the first place. Through such processes, this government is clearly showing commitment to implement further reforms for the benefit of our society and towards the strengthening of the rule of law.
The State Advocate will be recognised by the Constitution and its holder has the same obligations and enjoy the same protection as enjoyed by the Attorney General and the members of the Judiciary. The State Advocate is to be the Chief
Legal Advisor to the government in relation to the law ad legal opinions and will be explicitly obliged to act in the public interest and safeguard the legality of state actions.
The State Advocate will carry out their functions through an independent agency established through the same act. This situation has been present in Maltese legislature as from 1936, following the consolidation of the post of Public Prosecutor and Treasury Lawyer into the role of the Attorney General. This consolidation was kept in the Maltese constitution, even after our country’s independence, until the introduction of this Act.
The Venice Commission provided a very comprehensive opinion on the changes it suggested to be made to the Constitutional structure of our country. In less than 100 days from the issuance of that opinion, the Government published a roadmap on the adoption of the recommendations according to prioritisation and subject matter. A number of legislative processes were immediately kickstarted in Parliament, with the first priority area being the reform in the prosecution system of our country.
As I continously say, this is a reformist Government modernising our economic, physical, social and legislative infrastructure.
Through this process, the government is clearly showing its commitment to implement reforms towards the strengthening of the Rule of Law and the separation of powers in our country. This reform, which also entails the establishment of the Office of the Attorney General as an independent prosecution service, is an implementation of a major recommendation of the Venice Commission and will prove to be an important step forward in the justice sector.
Another important step this week was the publication of a set of amendments to existing drug laws which propose giving the Courts more discretion in so far as sentencing is concerned in cases where people are found guilty of cultivation of cannabis plants in circumstances which show that the plants were for personal use.
The set of amendments were published for public consumption, particularly in the light of recent Court judgments both in the Inferior and Superior jurisdictions. Once Parliament reconvenes, I will be putting forward this legislative proposal with immediate effect.
In a nutshell, let me explain these amendments. While under the present legal regime, in the cases where a person is found guilty of cultivation of cannabis plants for personal use in an amount in excess of one, the Court is duty bound to impose an effective prison sentence even though the Court would be convinced that the cultivation is being done for personal use, with the proposed amendments the Courts would have more discretion in the punishment they see fit to impose. Therefore, the Courts would be able to impose a sentence other than imprisonment wherever it is convinced that the cultivation is done for personal use.
This reform would be applicable both to the Inferior and the Superior Courts.
After the numerous reforms in the judicial sector, we are proposing further changes to the respective drug laws in a manner where the Court will have the right to properly scrutinize the circumstances presented in front of it and from thereon decide whether the cultivation is for the exclusive personal use of the possessor or not. Thereafter, the Court will not be bound any more to impose mandatory imprisonment in cases where the individual is found in possession of more than one plant, even when the circumstances show that the mentioned plants are for the exclusive use of that person.
This means that when cultivation is not for the exclusive use of the possessor, the punishment remains that of mandatory imprisonment. However, when there is a case of cultivation for personal use, it is up to the Court’s discretion to decide on the basis of what is being presented in front of it.
This proposal will continue to build on what has been done in the promulgation of the Drug Dependence (Treatment not Imprisonment) Act on the 15th
April 2019, which saw towards an alternative way with which to help those who suffer from drug dependence.
Through this reform, whoever is caught with a small amount of drugs (simple possession) is brought in front of a Commissioner of Justice rather than the Law Courts. Between 15th
April 2015 and the 1st of December, 2019 three thousand and sixty four people appeared in front of the Commissioner. 108 of these were referred to rehabilitation under the aegis of the Drug Offenders Rehabilitation Board, meaning that they would be found guilty twice of the same offence in a short time period.
This reform also provided for a second chance for those who are arraigned to Court accused of more serious drug offences if it is proven that the people concerned were victims of drug abuse and that they intend to kick the habit. The Court, since the 15th April 2015 referred 107 cases in front of the Drug Offenders Rehabilitation Board. Out of these 107 case, thirty-nine of them obtained a favourable recommendation with which the Court would not be bound any more to impose mandatory imprisonment.