Arrested or not? What happens when a domestic violence case is deemed high risk?

In recent days, two cases emerged in which women who filed domestic violence reports were classified as high risk, yet the alleged perpetrators were not arraigned under arrest.

In one case, Repubblika's co-founder Robert Aquilina was questioned by police  following an alleged case of domestic violence against his wife, who was considered high risk. If he is charged, it will be under summons, which usually signifies a less urgent case.

In another case, Floriana councillor and former footballer Justin Haber was convicted of threatening his sister. He too was charged by summons despite her classifying as high-risk. Here's an overview of the procedure that typically leads to these situations:

What happens when a domestic violence report is filed?

When someone files a domestic violence report, they are directed either to the Gender-Based and Domestic Violence Unit at police headquarters or to a domestic violence hub. 

The victim is asked to file an official police report detailing the incident. Meanwhile, representatives from the government support agency Appoġġ carry out a risk assessment using an evidence-based tool involving a series of questions.

This assessment determines whether the victim is at low, medium, or high risk, based on responses. Positive answers to certain questions may lead to a high-risk classification, such as: Does your partner own a weapon? Is your partner controlling or isolating you? Do you have children? Are you planning to leave the relationship? Have you previously been assaulted or forced into sex?

What happens if a victim is deemed high-risk?

If the victim is deemed high risk, the case is referred to the Multi-Agency Risk Assessment Meeting (MARAM), which includes various entities working with domestic violence victims and, if applicable, their children.

MARAM’s role is to monitor, support, and coordinate responses for these high-risk cases, including drafting action plans to protect victims and their families. MARAM can also recommend urgent police action. 

In parallel, police carry out their own assessment. According to police standard operating procedures, if a case is considered high-risk, police begin the process of arresting the alleged perpetrator.

The risk level is determined through a set of questions.

Do all high-risk cases lead to arrests?

Not always. While police can arrest someone on the spot in urgent or severe cases – such as when the risk is imminent or there is fear of a person leaving the island -  most domestic violence arrests require a magistrate’s warrant.

The police must formally request this warrant, and it’s then up to the magistrate to decide if there is sufficient legal evidence to justify arrest. If the magistrate agrees, the arrest warrant is issued, and the person is brought to court within 48 hours.

If the magistrate declines, the police can still charge the alleged perpetrator via summons, requiring them to attend a future court sitting. If the police disagree with the magistrate’s decision and believe an arrest is necessary, they may escalate the request to a judge in the Criminal Court for a warrant.

What happens next?

If the accused is arraigned under arrest, they may plead guilty or contest the charges and request bail. In cases involving a summons (no prior arrest), bail is not needed. If the accused pleads guilty, judgment is issued immediately. If not, the case proceeds to evidence hearings.

If the victim chooses not to testify or forgives the perpetrator, charges may be dropped due to insufficient evidence.

Has the system classifying a case as high risk changed?

The introduction of the MARAM system was one of the recommendations by Judge Geoffrey Valencia in his inquiry into the femicide of Bernice Cassar in 2021.

The previously used DASH system - Domestic Abuse, Stalking and Honour Risk Identification – had classified Cassar as low risk. Following the inquiry, it was changed to the Danger Assessment (DA) tool.In August 2024 the femicide of Nicolette Ghirxi, who was stabbed to death by her ex-partner, highlighted the urgent need to address the often-underestimated dangers faced by victims of intimate partner violence.

Although there were no previous reports of violence between the two, Ghirxi had filed harassment reports. She was offered a risk assessment but declined – in writing - saying she did not feel at risk at that moment in time.