Dealing with minors as suspected criminals : an analysis of the current situation and proposals for improvement

Abstract

The scope of this research project is to underline the “lacuna” in our domestic legislation; namely in our criminal procedure. When a minor is suspected of committing a crime and must be arrested, and later put within the custody of the police officer for an interrogation, there are no laws protecting him/her at the moment of arrest. During this time, the minor is most vulnerable, especially when the parents or legal guardians are absent. This research project calls for criminal procedure which is tailored for juveniles, and the regulation of the attitudes of the Police Force and Officials in question with regards to this minor, who should, and is expected to, be protected. An analysis of the current situation in Malta with regard to the laws present in Chapter 9 of the Laws of Malta will be conducted, namely laws concerning criminal responsibility, arrest and custody, and any law which provides for juveniles. This will shed light on the fact that these laws have been written keeping people that are above the age of majority in mind, and that they are not suitable for minors and that more specific procedures are needed. Following this, the European Convention on Human Rights and the United Nation’s Convention on the Rights of the Child shall be adapted to the situation in Malta; which parts are in conformity with our laws and which parts are not and should be implemented. In the following section, this research project will explore how the United Kingdom has dealt with this problem, including an analysis of their available laws and solutions regarding the treatment of minors as suspected criminals. In the last section of this research project, as a final conclusion, a proposal shall be made as to how Malta can adapt certain laws and system into its own domestic legislation, and why such amendments should be taken into consideration.