PRESS RELEASE BY THE MINISTRY FOR JUSTICE AND THE REFORM OF THE CONSTRUCTION SECTOR Reform of magisterial inquiries enters into force

The Ministry for Justice and the Reform of the Construction Sector announces that today, Act No. VIII of 2025 has been published, bringing into effect amendments to the Criminal Code (Chapter 9 of the Laws of Malta) aimed at reforming the system of magisterial inquiries. This measure forms part of a broader series of justice reforms implemented by the Government, reforms that underscore an unprecedented national commitment to enhancing access to justice and upholding the rule of law.

These amendments build upon the historic and bold step taken by the Government last year, when, following the appointment of four additional magistrates, a specialised team of four magistrates was assigned to focus exclusively on magisterial inquiries. This reform aimed not only to improve the efficiency of inquiries, but also to raise their overall quality.

The legislative changes, while reflecting the ongoing developments in the justice sector, introduce clear timeframes and deadlines, new statutory rights for victims, and safeguards for fundamental rights. They also define roles and financial accountability, particularly regarding the appointment of experts. Through this reform, victims or their relatives will now have the right to be informed every six months on the status of inquiries, to receive a free copy of the acts, and to be notified whether a decision has been taken to initiate prosecution.

This reform also introduces changes to the process for inquiries initiated at the request of private citizens. Under the new procedure, citizens are not only ensured access to justice, but if no action is taken following a police investigation, the request to open a magisterial inquiry will now be reviewed by the Criminal Court, presided over by a judge. The judge will determine whether there are sufficient grounds to initiate an inquiry by a magistrate.

"The citizen would have lost the right to request a magisterial inquiry on their own initiative if the Government had fully adopted past recommendations regarding these inquiries," stated Minister Jonathan Attard. "In fact, both the Commission for the Holistic Reform of the Justice Sector (30 November 2013) and the Venice Commission, in its opinion of December 2018, had recommended that such inquiries be transferred to the Prosecution Service and no longer be conducted by magistrates. Instead, the Government responsibly chose to enhance the specialisation of magistrates through an unprecedented investment, now further reinforced by legislative amendments, in line with our electoral manifesto and our clear commitment to justice."

In relation to the appointment and accountability of experts, while the appointment remains at the discretion of the magistrate, the expert must be a natural person rather than a company. Experts who are not listed in the expert's list must undergo a due diligence process under the magistrate's supervision. Moreover, if the anticipated cost of expert services exceeds €50,000, the magistrate must provide justification and seek approval from the Chief Justice.

These legal amendments were extensively debated in Parliament, with more than nine sittings at the second reading stage and over seven hours of discussion at committee stage, including interventions from the public and civil society. During the legislative process, the Government introduced further amendments to reinforce the independence and autonomy of inquiring magistrates, despite the fact that, by nature, inquiries are not considered part of the core constitutional functions of the judiciary, as previously noted by both the Commission for Holistic Reform and the Venice Commission.

The Minister for Justice looks forward to introducing further reforms in the coming weeks to continue strengthening specialisation within the justice system. These include the establishment of a specialised Commercial Court and reforms to the compilation of evidence, among other initiatives currently under development.

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