/library/oar/handle/123456789/1897 2025-12-25T19:28:47Z /library/oar/handle/123456789/40335 Title: Treatment orders : an analysis of their monitoring, implementation and enforcement Abstract: The focus of this paper is on mentally disordered offenders and the overall effectiveness of treatment orders. The principle discussion analysed the relationship between mental illness and criminal behaviour, and accentuated the importance of treatment of offenders in order to achieve rehabilitation, reintegration and reduced recidivism rates. The dichotomy of care and custody offers much debate, especially on a legislative and judicial level. On the one hand, there is the need for care and treatment. On the other, there is the need for custody or rather punishment through a custodial term or a probation order and its conditions. Through the use of three qualitative strategies; namely the ‘Doctrinal’ approach, interviews with professionals and a comparative analysis, the local context is examined by putting particular focus on the significance and workings of treatment orders, a decade on from their implementation in the Maltese Criminal Code. A careful analysis of judgments rendered a clearer picture upon the extent to which treatment orders are being issued and under what circumstances. The ambiguity surrounding the wording of article 412D of the Criminal Code is leaving ample room for interpretation, thereby creating confusion and lack of consistency and uniformity throughout. The monitoring and enforcement of treatment orders are also analysed. The lack of clearly delineated roles influences the effectiveness of a given law. Undeniably, there is a great effort by all entities involved to further the workings of treatment orders; however, the lack of coherence between them might indeed impact the overall effectiveness of treatment orders. Thus, the need for enhanced coherence amongst the agencies involved is suggested. A comparative analysis of the Maltese Criminal Code and British provisions providing for treatment of offenders in the community, offered some salient points of comparison and ideas for improvement. Description: LL.B 2018-01-01T00:00:00Z /library/oar/handle/123456789/40331 Title: Criminal liability of children’s guardians who fail to protect their child Abstract: This term paper examines the criminal liability of parents who fail to protect their children. The law binds parents and guardians with a legal duty towards their children to protect and care for them. This legal duty is clearly not abided to when parents abuse their children, both through acts of commission and through lack of action, otherwise known as by omission. In fact, this paper also aims to answer the question regarding whether or not a parent who does not directly commit abusive acts on their child but allows other people to do so should be held criminally liable. This term paper studies the instances in the Maltese criminal law where parents are held criminally liable for ill-treating, abusing or defiling their children. The intention of the legislator to award protection to children through legal provisions can be seen throughout the research. In order to examine how this protection is being awarded and whether it is effectively protecting children, this term paper also examines aspects of child protection law in Malta and looks at how criminal law and child protection law work hand in hand. Child abuse has been a prevailing issue in society for a number of years, ever since children’s rights have been given the importance that they deserve. However, it is crucial that one does not simply look at child abuse from a criminal aspect, because although abusers must be punished for their actions, it is the victim children who must be given paramount importance in such situations. Hence, this term paper observes the instances where parents are held criminally liable in cases where fail to protect their children from abuse but also analyses whether this criminal liability is effective in protecting children from abuse and from its aftermath. Description: LL.B 2018-01-01T00:00:00Z /library/oar/handle/123456789/40330 Title: Life imprisonment : reflections following the landmark judgement “Ben Hassine Ben Ali Wahid vs. Prime Minister et” Abstract: Life sentence imprisonment is the harshest penalty in Malta since the abolishment of the death penalty. The scope was to provide a less permanent, yet still severe, option to punish the most atrocious crimes. However, the scarcity of possibilities for release of prisoners serving lifetime imprisonment, does not really eradicate the permanent nature of the death penalty. This has been established in the landmark judgement of “Ben Hassine Ben Ali Wahid vs. Prime Minister et” where the Maltese Constitutional Court concluded that the lack of hope for prisoners to ever be released again is unconstitutional as per Article 36 and also a deprivation of human rights under Article 3 of the European Convention on Human Rights. Even though prisoners have the possibility of applying for Presidential Pardon and for Prison Leave, the lack of possibility for Parole and Remission are considered to be of great detriment for the prisoner’s Right to Rehabilitation. Through an evaluation of different legal frameworks, including those of the United Kingdom, Italy and Germany, this term paper seeks to analyse the international approach towards life imprisonment. Recently, a bill has been proposed in Parliament to amend the Restorative Justice Act. Bill 199 of 2017 seeks to introduce the possibility of Parole for prisoners serving life. This amendment, if enacted, would be an important achievement for penological legislation since it would radically change the perception of lifetime imprisonment in Malta. Although still with some limitations, this amendment would allow the Courts to judge on a case-by-case basis on the grounds of rehabilitation, therefore showing respect towards the human dignity of the person. Until now, the situation is still very fluid and no concrete changes have been made through legislative amendments. Nonetheless, the Maltese Courts seem to have accepted this view and welcome this change. Description: LL.B 2018-01-01T00:00:00Z /library/oar/handle/123456789/40328 Title: Reviewing the decriminalization regimes of Malta and Portugal, and analyzing their overall effect on drug use Abstract: With the introduction of the Drug Dependence (Treatment not Imprisonment) Act Malta enacted the first decriminalization regime with respect to its drug legislation, which prior to this was regulated through fines and imprisonment under the Dangerous Drugs Ordinance. This departure from the traditional procedure born of the criminal justice system towards rehabilitation centred approach follows recent trends by other European states as well as recommendations by the Global Commission on Drug Policy. While the Maltese act is still relatively in its infancy, the Portuguese decriminalization regime, stemming from the Decreto-Lei 30/2000 has been in operation for almost two decades and has, by an overwhelming majority of accounts, been a success not only in the prevention and reduction of drug-related health conditions but also in the decrease of drug use and increase in rehabilitation measures provided. This paper will examine the salient elements of each law in an attempt to better understand their similarities and differences, mainly focusing on the manner by which decriminalization has been introduced and to what extent it applies in particular circumstances which have been brought before the Maltese Courts. Through this comparison the effects, both intended and actual, of the Maltese act, as well as any possible lacunae left unresolved by the legislator, will be discussed and recommendations for potential remedies using elements from the Portuguese law will be considered. Description: LL.B 2018-01-01T00:00:00Z