Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/40282
Title: The right to legal advice in police investigations in cases involving the breathalyser test
Authors: Falzon Cascun, Charlton
Keywords: Drunk driving -- Investigation -- Malta
Breath tests -- Malta
Roadside sobriety tests -- Malta
Traffic regulations -- Malta
Issue Date: 2018
Citation: Falzon Cascun, C. (2018). The right to legal advice in police investigations in cases involving the breathalyser test (Bachelor's dissertation).
Abstract: The aim of this term paper is to delve into the merits of when and at what stage are individuals who are spoken to by the police informed of their fundamental rights, mainly the right not to incriminate oneself and the right to seek legal advice prior to answering any questions put forward by the Police during investigations relating to drunk driving. Situations may arise where it not all so clear that an individual should be given these rights or rather the moment in time when the exercise of these rights is triggered. Normally we think of these rights being given to persons suspected of having committed a straight forward arrestable offence, but what about instances where the offence is just presumed to have happened and further investigations need to be carried out in order to establish some kind of criminal liability. This term paper will focus specifically on offences related to driving under the influence of alcohol with particular reference to Malta and the procedure adopted by the Police during their investigations. The Term Paper goes through the relevant articles of the Traffic Regulation Ordinance (Chapter 65 of the Laws of Malta) which empowers the Police to stop a person whom they suspect is driving under the influence. It also makes reference to domestic and foreign judgments and laws on the matter, showing that the current Maltese procedure of investigation may interfere with the rights of the suspected person as well as the issue that the law itself does not reflect the current procedures that are being used in the present day.
Description: LL.B
URI: https://www.um.edu.mt/library/oar//handle/123456789/40282
Appears in Collections:Dissertations - FacLaw - 2018
Dissertations - FacLawCri - 2018

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