Issue link: https://maltatoday.uberflip.com/i/1528582
13 ANALYSIS maltatoday | SUNDAY • 27 OCTOBER 2024 Compassion or appeasement when making such a deliberation. The amounts are: Ecstasy less than 300 tab- lets; LSD less than 300 squares; am- phetamine less than 300g; ketamine less than 150g. Proposed change: The quantity of ec- stasy tablets is being increased to less than 500 pills. All other limits will re- main unchanged. This means that, un- like today, someone caught with 499 ecstasy pills can have their case decid- ed by the Magistrates' Court where the maximum prison sentence is 10 years as opposed to life. Changes to Dangerous Drugs Ordinance 3. Probation instead of jail Situation today: The courts are pro- hibited from imposing a probation or- der for drug crimes that carry a prison sentence. Proposed change: The courts will have discretion to impose a probation order instead of a jail sentence if the punish- ment would have been not more than two years' jail and only for a first con- viction. 4. Higher drug limits Situation today: Schedule 4 attached to the law contains guidelines that en- able the prosecutors and the court to determine whether a person charged with possession should have their case heard by the Magistrates' Court rather than go for a trial. The schedule lists the quantity of drugs to be taken into consideration when making such a deliberation. The quantities are: Heroin and cocaine less than 100g; cannabis less than 300g. Proposed change: The quantities are being increased to less than 200g for heroin and cocaine, and less than 500g for cannabis. This widens the number of possession cases that could be heard by the Magistrates' Court, where the maximum punishment could be 10 years in jail rather than life if the case goes to trial. Changes to Drug Dependence (Treatment not Imprisonment) Act 5. Drug Offenders Rehabilitation Board Situation today: The DORB currently consists of four members – one chair appointed by the minister and three members appointed by other ministers. Proposed change: The board will in- crease to seven members in total. The three additional members should be either retired public officers or persons with competence in the field of reha- bilitation from drug dependence. The amendment also sets a quorum of four members for the DORB to be able to ex- ercise its functions. 6. Weapons and explosives Situation today: The Court is preclud- ed from turning itself into a specialised Drugs Court if the person charged with a drug offence carried out the crime while in possession of a weapon or ex- plosive. Proposed change: The Court will be given discretion to make an exception if the charged person was also in pos- session of a weapon or explosive. The exception would apply if punishment in the case would not accede two years' imprisonment and if the Court feels that granting an opportunity for reha- bilitation from drug dependence out- weighs the gravity of offence. 7. DORB report Situation today: The DORB may rec- ommend that the Court revoke its de- cision to transform into a Drugs Court, and propose the case go to trial. Proposed change: An obligation is be- ing introduced on the board to explain the reasons why it is making such a recommendation and present a report, which will also be inserted in the acts of the criminal case. 8. Power to the minister Situation today: Any amendment to the law, including any schedules at- tached to it, have to go before parlia- ment. Proposed change: The minister is be- ing granted the power to "amend any schedule" to the Act thus circumvent- ing the need to go to parliament for changes to the schedule. 9. Drug offence in prison Situation today: Certain drug crimes are precluded from being dealt with on the basis of this law. These include an offence committed in or in relation to "a correctional facility". Proposed change: The word 'correc- tional facility' is being changed to 'a prison or other place of detention' and an exception is being introduced in re- lation to persons who would have com- mitted the offence in prison but are no longer inmates. However, the exception only applies if the charge results from the possession of a small quantity of drugs for personal use; and if no drug trafficking charges are added; and if the offence was com- mitted during a period of drug depend- ence and attributable to proven drug dependence. This change allows the Court to opt for rehabilitation in the case of a former inmate facing a drug offence commit- ted while incarcerated. 10. New schedule with drug limits Situation today: This Act does not contain a schedule with guidelines for drug limits to guide the Court when de- termining whether it should transform into a Drugs Court. The guidelines used today are those available in other laws. Proposed change: A new schedule lists the quantity of drugs for the purpose of deciding whether the Court should turn itself into a Drugs Court. These are: Amphetamine less than 300g; cannabis less than 300g; ecstasy less than 300 pills; heroin and cocaine less than 100g; ketamine less than 150g; LSD less than 300 squares; any other prohibited drug less than 300 pills or 300 squares, or less than 100g. What happens when someone is charged with drug crimes? A person appears before the Magistrates' Court. At this point it has to be determined whether the Court should transform itself into a specialised Drugs Court with a special focus on rehabilitation. If the court transforms into a Drugs Court, the accused will have to appear in front of the Drug Offenders Rehabilitation Board. If the Magistrates' Court decides otherwise, a second consideration will be made as to whether the case will be decided by it or whether it should go to trial by jury. The salient difference between the two is the maximum applicable punishment that can be afflicted – 10 years' imprisonment by the Magistrates' Court and life imprisonment in a jury. The laws lay down parameters and guidelines that enable the Court to make such determinations.