An analysis into the degree of discretion exercised by the AG in drug trafficking cases

Abstract

The dissertation will provide an analysis on legal provisions empowering the Attorney General to decide whether the trial concerning drug traffickers should take place before the Criminal Court or before the Court of Magistrates, and whether such provisions impinge on the accused persons‟ fundamental human rights. The main focus of this study will be Act XXIV of 2014 and it will serve to determine whether this recent legal enactment has provided an effective remedy to the Attorney General‟s unfettered discretion. The study will first analyse various pieces of literature including relevant dissertations which have been submitted to the University of Malta, judgements delivered by the European Court of Human Rights and the Maltese Constitutional Court, including Court decrees which have been delivered by the Criminal Court following the introduction of Act XXIV of 2014. This assessment will be seen in context with the analysis carried out on Act XXIV of 2014 in order to establish whether the infringements highlighted in the above judgements and or dissertations have been addressed by the legislator in the above-indicated legal enactment and also whether an „effective remedy‟ has been granted. This study will also include a factual case analysis and a set of in-depth semistructured interviews in order to better evaluate the present legal problems and to establish whether any recommendations and or suggestions to these problems can be put forth.