Way back in August of 2011, Dr Josè Herrera, reacting to the introduction of the institute of plea bargaining into the Criminal Code through article 453A, had rightly remarked how the amendment was half-baked in that the relevant article of law curiously refers only to criminal trials before the Criminal Court. A similar reaction was also expressed by then MP Franco Debono. The then Justice Minister had indicated that the relative legislative amendment was in the pipeline.

The law, in fact, provides for the formalisation of an agreement between the defence and the Attorney General regarding punishment, which agreement would have to be justly rectified by the court. That new procedure has, to date, been widely applied, greatly speeding up criminal trials. Unfortunately, a similar procedure was omitted for the Magistrates’ Courts, and this inexplicably.

Such a legislative shortcoming increases the gravity of the situation due to the fact that the vast majority of criminal cases are nowadays conducted before the Magistrates’ Courts. Today, one legitimately asks why that much-needed legislative amendment has been stuck all this time “in the pipeline” and whether today’s Justice Minister has any intention of rectifying this discriminatory legal position.

Dr Mark Said

Msida