The announced reform of magisterial inquiries, following the approval of the first reading in parliament, is a significant change in our justice system.
This reform is not merely an electoral promise; it is a commitment to enhancing the rights of citizens involved in legal processes and ensuring that justice is served effectively and transparently.
This comprehensive reform addresses various aspects of magisterial inquiries, legally known as ‘in genere investigations’, ‘inquests’ or ‘aċċessi’.
We are introducing essential safeguards to protect citizens’ rights, enhance accountability in the appointment and funding of experts and provide timely information to victims and their families.
Moreover, we aim to establish clearer timelines to improve the efficiency and effectiveness of these procedures.
This government is taking decisive action against injustices, demonstrating that it will not turn a blind eye to those who have suffered from unjust circumstances.
We are committed to strengthening the rights of every individual who may be involved in the legal processes related to magisterial inquiries. This reform is designed to ensure that justice is served while holding all parties accountable and safeguarding the integrity of investigative processes.
One of the key elements of our reform is the continued possibility for private citizens to initiate magisterial inquiries. Unlike previous administrations that obscured legislative changes within omnibus bills, we are presenting this reform clearly and transparently. Just as the legislature intended 20 years ago, we believe that the system should not devolve into a tool for persecution or fishing expeditions. The safeguards against abuse, which hindsight have shown to have been inadequately addressed two decades ago, are now being reformed to ensure a fairer process.
In recent years, we have seen reports from the Law Commission, numerous court pronouncements and recommendations from two significant commissions – the Bonello Commission and the Venice Commission. The latter insists that “as the victim should not be able to choose an avenue of criminal investigation, magisterial inquiries should be absorbed into the functions of prosecution”.
However, our government believes in a balanced approach that respects the legal traditions of our country. We have observed how inquiry processes have evolved in other nations, such as France, and we aim to align our practices with those of other European continental legal systems from which our mixed legal framework draws the investigative function of magistrates.
Approximately a year ago, we implemented the first phase of this crucial reform by establishing a section of investigative magistrates. This change is already yielding positive results, as acknowledged by the chief justice in his speech on the occasion of the opening of the judicial year. This initial step had to be complemented by legislative reforms, which is precisely what we are presenting today.
This government is taking action against injustices- Jonathan Attard
Our reform will not diminish access to justice or infringe upon any legitimate rights of citizens. On the contrary, it ensures that citizens have remedies available at every stage of the process. The new framework introduces several key changes to the magisterial inquiry process, including:
Right to request an inquiry: Citizens will retain the right to request the initiation of inquiries in their private capacity. Unlike the current system where requests are made to a magistrate, individuals will be able to present their requests directly to the Criminal Court presided over by a judge.
Reporting obligations: Any individual can report a crime punishable by more than three years of imprisonment, while simultaneously requesting the initiating of a magisterial inquiry. The person making the report must confirm it under oath, specifying the suspected individual, the alleged crimes and providing supporting evidence.
Police responsibilities: Upon receiving a report, the police are required to initiate an investigation to ascertain whether there is sufficient evidence to establish that a crime has occurred. They will then decide whether to pursue prosecution or to request a magisterial inquiry.
Enhanced rights: If no outcome is achieved within six months of the report, the complainant has the right to seek recourse through the Criminal Court. This court will review the police investigation and may order the initiation of an inquiry after hearing from the relevant parties, subject to the legal safeguards that govern criminal investigations.
Clear time frames: The initial duration of a magisterial inquiry will be extended from 60 days to six months. The magistrate will have the discretion to extend this period for up to two years if deemed necessary.
Victims’ rights: Victims and their relatives will have the right to be informed by the attorney general about the progress of the inquiry after six months. They may also request a copy of the proces verbal of the inquiry.
Clear roles: The role of magistrates in the inquiry process will be clearly defined, with specific criteria introduced for the appointment of experts to ensure higher standards and accountability.
This reform represents a significant step forward in strengthening integrity and accountability in the investigative process. By ensuring that citizens, victims and suspects have clear rights and remedies, we aim to bolster confidence in our justice system while safeguarding fundamental rights.
As always, I look forward to further strengthening the bill we have presented, where appropriate, during the parliamentary stages, motivated by the feedback of all those who, in good faith, seek reforms that pave the way for a more just and equitable society and judicial process. This reform stands as a testament to our commitment to justice, transparency and the rule of law.
Jonathan AttardJonathan Attard is Minister for Justice and Reform of the Construction Sector.