More than 300 suspects sign multiple bail books

The names of more than 320 people appear on multiple bail orders, with one person signing as many as nine bail books, according to figures obtained by Times of Malta.

Debate over whether bail provisions are too lax reemerged last month, in the wake of a series of incidents involving accused individuals who had already been granted bail for several other offences.

According to figures provided by the home affairs ministry, 2,124 people are currently out on bail. Of these, 1,803 are signing a single bail book, meaning they were granted bail for one alleged offence. The remaining 321 feature on more than one bail book, the figures show.

One person is signing nine separate bail books, suggesting bail was granted for nine alleged offences. Four others are signing seven bail books and three are on bail for six offences.

Most people on repeat bail are on bail for two alleged offences, with 209 individuals signing two bail books.

The figures also show 66 people signing three bail books, 18 individuals signing four bail books and 20 cases of people signing five bail books.

Cases involving suspects who commit offences while on bail often cause victims to lose faith in the judicial system

Victim Support Malta told Times of Malta last month that cases involving suspects who commit offences while on bail often cause victims to lose faith in the judicial system, with some feeling compelled to withdraw complaints or disengage from proceedings as a result.

Court experts say repeat bail breaches often slow court proceedings and cause further delays in an already-clogged system.

However, criminal lawyers warn against introducing a hard stop on bail requests for people who are already on bail, saying the courts have a difficult task in balancing a person’s presumption of innocence with considerations over whether they are likely to reoffend or flee if released on bail. Bail requests should be handled on a case-by-case basis, they argue.

Calls to revise bail rules grew after a man already on bail, first for driving under the influence and, later, for his involvement in a Christmas Eve crash, which killed a 31-year-old woman, crashed into two Transport Malta officials.

Over the years, several other high-profile cases of people granted bail multiple times rose to public attention, most notoriously that of Melvin Debono, known as il-Quws, who was granted bail for a seventh time before having it withdrawn earlier this year. There was also Lilu King, who was granted bail for a third time last July, before having it revoked by courts.

The criminal code

The granting of bail is governed by the criminal code:

“Any person charged or accused who is in custody for any crime or contravention may, on application… be granted temporary release from custody, upon giving sufficient security to appear at the proceedings at the appointed time and place under such conditions as the court may consider proper to impose in the decree granting bail which decree shall in each case be served on the person charged or accused.”

The court is bound by law to “review the circumstances militating for or against detention”.

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If the court finds that the continued detention of the accused person is not founded on any provision of the criminal code itself or of any other law, “it shall unconditionally release that person from custody”.

However, if there are reasons not to release such person unconditionally and provided there are no other legal provisions stating otherwise, the court can decide to release the accused from custody on bail subject to any conditions “it may deem appropriate”.

Likewise, the court has the power by law to remand the accused into custody if it decides neither an unconditional release nor granting bail are in order.