Preventive custody : should the 48 hour rule in Malta be amended?

Abstract

The underlying objective of this dissertation is to shed light on whether there is a need to extend the time limit of detention pending trial. Preventive custody has in the recent years and in recent criminal cases been undergoing heightened interest; thus, the aim of this work is to consider how Police powers and the modus operandi of preventive custody and its maximum time limits differ in various European jurisdictions. This dissertation will examine the legislations of European Countries including the UK, Spain and France, and will also delve into a comparative analysis of such legislations and their extension of time with regards to pre-trial detention and serious offences. This research project will demonstrate how Judicial proceedings of a criminal nature need pre-emptive measures or tools to ensure that no tempering of evidence takes place; all those carrying criminal responsibilities are identified and the suspect is prevented from absconding. Threats and criminal cases are becoming gradually complex, yet the maximum time limit of hold under preventive custody remains the same, that of 48 hours for any offence. Thus, new measures need to be implemented to find a balance between upholding justice and safeguarding the rights of the suspect in accordance with the European Convention on Human Rights. This research project will also examine the maximum time limits in the mentioned jurisdictions and will also look at what needs to be established to prevent such extension of time from being abused, thus providing a system of checks and balances.