An analysis of the ‘prima facie’ level of proof in criminal proceedings

Abstract

One of the main pillars of our judicial system is the Court of Magistrates. Article 367 of the Criminal Code provides that the Court of Magistrates “…shall have twofold jurisdiction, namely, as a court of criminal judicature… and as a court of inquiry in respect of offences which fall within the jurisdiction of a higher tribunal”. Different amendments have improved the Court of Criminal Inquiry’s competence to the point that it is considered as an essential part of our judicial system since its primary goal is to protect the accused’s fundamental human rights, particularly his or her right to a fair trial and to personal liberty and security. In fact, this Court has the authority to decide whether or not there are sufficient grounds to commit an accused for trial based on prima facie level. This study will explore the concept of the prima facie case or evidence in criminal proceedings. It will explain the evolution of this notion, the meaning, definition and importance of prima facie in criminal proceedings. In the beginning of the study, there is an introduction outlining the purpose of the study, the sources consulted, and the research techniques employed. Chapter One will explore the evolution of prima face, its meaning and definition. It will also provide and explain the instances where such notion is used in our judicial system. Chapter Two will delve into a comparison study between the committal proceedings in England and Malta. The level of proof needed in prima facie in criminal proceedings will be analysed in Chapter 3. Using the European Court of Human Rights' comprehensive case law on Article 6 of the European Convention on Human Rights, and an examination of selected Maltese cases, the last Chapter of this dissertation will identify and remedy shortcomings. This chapter will be focused on the conclusions and recommendations based on the legal principles mentioned in this study.