Drug-related crime and criminal justice issues in Malta

Abstract

When I was first approached some three weeks ago to deliver this paper, I was, I must admit, a bit sceptical about the whole idea of participating in this conference. First of all as a judge I am naturally a bit wary of talking in public about matters which, directly or indirectly, fall within the competence of one or more of the courts to which I am ordinarily assigned by the Head of State. A judge - at least a judge of the 'English' or 'Scottish' mould to which Maltese judges have generally looked for inspiration and emulation as to ethical behaviour - is trained to speak his mind on important issues only in the judgements he delivers, and then only to the extent that may be necessary for the determination of the issue or issues in the case and/or to the extent that the judgement in question would benefit from the expression of such views. On the other hand, as a university lecturer, I am occasionally asked some searching question by the unusually bright student which calls for more than just a statement of what the law is. In that case I usually very readily subscribe, at least temporarily, to the 'continental' model of the judge- on the continent judges are less inhibited when it comes to expressing their views in public and out of court (and in some countries, teaching in universities is the only 'other activity' in which a judge may lawfully and ethically indulge).