| CODE | CRL4002 | ||||||||
| TITLE | Drug Offences and Special Procedures | ||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Criminal Law | ||||||||
| DESCRIPTION | The study-unit examines the investigation, prosecution, defence and sentencing of offences against Maltese Drug Laws. The main bodies of law to be examined consist of Chapters 31, 101 and 537 of the Laws of Malta. Focus shall be made on the special procedures before the Court of Magistrates and the Criminal Court and the legislative efforts to push towards rehabilitation of drug offenders. The study-unit shall examine: - the jurisdiction of the Court of Magistrates and the Criminal Court to hear and decide drug related crimes; - the role of the Police and Attorney General in investigating, charging and prosecuting Drug Offences; - legislation aimed at preserving proceeds of drug related crime; - legislation decriminalising drug possession and targeting the rehabilitation of drug offenders. The study-unit also seeks to provide a brief overview of other special procedures contemplated in Maltese Criminal Law. Study-unit Aims: - The study-unit presents an overview of the criminalisation of drugs and the behaviour related to the principal drug offences. These include the offences of: possession, trafficking, cultivation/manufacture, prescription offences and importation of legal and illegal drugs; - The overview also emphasis on how drug offences have been treated under the Maltese Criminal Justice System over the years; - Furthermore, the Study Unit seeks to examine the substantive and procedural aspects of prosecuting, defending and sentencing drug crimes. Emphasis shall be made on the facts required to establish guilt for drug offences, the duties of the prosecutor, relevant defences at law, the difference between summary drug offences and indictable drug offences, sentencing and mandatory minimum terms of imprisonment for drug offences, the special procedures introduced by Chapter 537, of the Laws of Malta and identifying, preserving, and confiscating the proceeds of drug related offences. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: - Demonstrate an understanding of the development of drug laws in the Maltese Criminal Justice System over the years; - Demonstrate an understanding of the different drug offences in the Maltese Criminal Justice System; - Demonstrate an understanding of the different procedures underpinning drug law in the Maltese Criminal Justice System. 2. Skills By the end of the study-unit the student will be able to: - Discuss, analyse, and apply criminal procedure in the context of drug laws; - Apply high levels of analytical skills in the reading of cases, statutes and legal documentation relating to drug law; - Apply knowledge of the law in topics covered by the unit to advise parties of their rights and liabilities in hypothetical problem and dispute situations; - Apply abilities in oral communication of research and analysis. Main Text/s and any supplementary readings: - Criminal Code, Chapter 9, Laws of Malta - Medical And Kindred Professions Ordinance, Chapter 31, Laws of Malta - Dangerous Drugs Ordinance, Chapter 101, Laws Of Malta - Drug Dependence (Treatment Not Imprisonment) Act, Chapter 537, Laws of Malta - David Ormerod and David Perrey, Blackstone鈥檚 Criminal Practice (34 Edn, Oxford, 2023) - Ormerod and Laird, Smith, Hogan and Ormerod鈥檚 Criminal Law (16 Edn, Oxford, 2021) - Mark Lucraft, Archbold: Criminal Pleading, Evidence and Practice (Sweet and Maxwell, 2024). |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Charles Mercieca |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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