A due process analysis of the national legal regime granting the right to legal representation during the interrogation of suspects

Abstract

The topic of legal representation as one of the cardinal rights of an arrested person, proves to be one of the most important and sensitive topics that are dealt with within the realm of Public / Criminal Law. This is because throughout the evolution of its legislative framework, it has posed critical human rights challenges in the light of article 6 of the ECHR. These challenges have seen a multitude of cases across the whole of Europe, including Malta, with the legal validity of police statements as evidence in criminal proceedings being challenged, and in many instances expunged from such proceedings. In this study, the researcher shall be making a critical analysis of the Maltese legal regime upon this topic, complemented by a detailed timeline of case law from both the local and the European scene, particularly those delivered by the ECHR. This shall be raising and answering important research questions surrounding the manner of transposition of EU legislation into Maltese Laws on this matter, and the conflicting views undertaken by the different Courts upon the lack of having legal access in custody. The opinions and commentary of the researcher shall not be exclusively from an academic perspective, but complemented with work experience, from years of law enforcement background, being involved in hundreds of criminal investigations and their respective prosecutions. In addition, from years as a practicing lawyer, in assisting hundreds of criminal suspects as clients, during their interrogations, and subsequent defence in criminal cases, where in some, ancillary constitutional challenges were also necessary.