The Ministry for Justice has launched a public consultation process on a Bill which proposes that persons who were found in possession of drugs in jail, and in the meantime have already served a prison sentence and have rehabilitated themselves, can qualify to be tried by the drugs court. 

This would mean that they would be offered a period of rehabilitation instead of serving another term in prison.

Justice Minister Jonathan Attard spoke in a press conference on Friday, launching a public consultation on the legislative framework being proposed, which aims to reach a balance between ensuring justice and the help offered to vulnerable persons who have been found guilty of illegal drug-related crimes.

The public consultation will be open from 12 January to 9 February 2024. Attard said that the reform follows government’s work to help persons who are dependent on drugs, mentioning the establishment of the Drugs’ Court, which offered a second chance for these people.

Attard also explained that the reform includes the possibility of a drug-related case to be heard before court without a jury.

“We will continue on the path towards effective justice where everyone is held accountable for their actions, but in a proportionate way,” Attard said, reiterating that he believes in the element of proportionality, while not allowing people to traffic illegal drugs.

Attard said that he does not believe that people should serve long sentences in prison for simple possession, or if they want to overcome drug addiction.

Lawyer and Chairperson of the Advisory Board for Sentencing Policy Alex Scerri Herrera gave an overview of the eight proposals of the bill.

The first proposal seeks to increase the number of persons appointed on the Drug Offenders Rehabilitation Board, from that of the current four persons, to seven members.

The bill also specifies that for the board to be able to meet, it will require a presence of a minimum of four persons, so that sittings are not delayed due to a lack of members.

Scerri Herrera said that the board’s reports will be more detailed, and that the decisions of the Board must be sustained with valid reasons and explanations as to how it has reached its decision, another proposal which aims for the court to obtain full knowledge on the specific case.

He explained another proposal, which avoids a situation where the individual has already served a jail term, and shortly after they are released, they are sent back to prison on a case of simple possession, which endangers the rehabilitation they would have had.

Instead, these persons will benefit from a period of rehabilitation, if and when the bill is enacted. Scerri Herrera also said that a proposal will ensure that the Superior Courts do not have to hear drug-related cases, to avoid further delays in court.

Another proposal includes that the court is allowed to evaluate the gravity of the crime, and in its own discretion, chooses to convert itself into a Drugs’ Court. This proposal is aimed at adding more realistic and humane considerations.

Scerri Herrera said that it is being proposed that the law is changed for more drug-related cases to be heard without jury.

“Today, the process of an accused person before the Criminal Court composed without a jury exists for all charges which are not subject to a life sentence,” Scerri Herrera said, adding that the bill proposes for the exclusion of a jury when a person is charged with drug-related crimes, not including charges of trafficking.

The bill also proposes that the Board’s decision is communicated to other Courts, so that a system is created wherein a court which has converted itself into a Drugs’ Court will have the faculty of communicating the positive decree of the person’s rehabilitation process to other courts, to take into consideration in the individual’s separate cases, even those which are criminal.

Another proposal includes a moderate increase in the court-indicated amounts, which does not increase the amount in drug-possession, but serves for greater efficiency for the court. Scerri Herrera said that in genuine cases, the Court can choose the prospect of rehabilitation for the accused, rather than having their hands tied.

This amendment also serves for more cases to be heard before the Court of Magistrates, rather than with the compilations procedure with a possibility for a jury.

Submissions for the public consultation can be made via email on [email protected] or online on publicconsultation.gov.mt. Government will also be meeting with stakeholders on this reform, and will present a final bill following consultation.