Pre-trial detention : balancing security and fundamental human rights

Abstract

This dissertation examines the legal framework governing pre-trial detention in Malta, with particular emphasis on the balance between the protection of individual liberty and the interests of public security. It analyses the procedural and substantive safeguards contained within the Criminal Code, the Constitution of Malta, and the European Convention on Human Rights, primarily focusing on the right to liberty in light of the presumption of innocence. The study evaluates key aspects of pre-trial detention - the legal basis of the state to deprive its subjects of liberty, the relevant aspects of police detention, the rights and protections afforded to the detainee, and the role of bail in the pre-trial stage. Particular attention is given to the latter, examining both the statutory criteria for its refusal and the temporal safeguards designed to prevent excessive detention. The dissertation further explores the practical challenges surrounding the application of bail, including the treatment of foreign nationals and the imposition of securities. Through a combination of doctrinal analysis, case law, and empirical data, this research identifies a tension between the law established in theory and its application in practice. Recent statistical data indicates a relatively high proportion of pre-trial detainees within Malta’s prison population, suggesting a reliance on preventive custody that undermines the presumption of innocence. The dissertation concludes by proposing reforms aimed at reducing reliance on detention, including the use of modern alternative measures such as electronic monitoring in order to mitigate reliance on preventive custody where possible and improve pre-trial justice.