An Għaqda Studenti Tal-Liġi Policy Paper
PRESENT POSITION IN THE CODE OF POLICE LAWS Part III of the Code of Police Laws, entitled “Of the Law Courts” establishes the offence of touting, which is essentially providing the services of a lawyer when one is not actually warranted.285 Such an offence brings with it imprisonment for up to three months, or a fine (multa), of not more than €58.23, or both.286 The Registrar of the Courts is also obliged to keep a list of touts and provide such list at the entrance of the court house and in every court room, so that the public will be aware of who is on such list.287 A judge or magistrate is also empowered to order the removal of such persons from any part of the law court.288 Our interview with Dr Louis de Gabriele, President of the Chamber of Advocates, drew our attention to the fact that these provisions are essentially a dead letter, and are not enforced. This has allowed certain professionals who are not lawyers to provide legal work. While there are certain issues which need not necessarily be tackled by a legal professional, such as financial advice which an accountant is qualified to give, it is important for this to be regulated properly. This is where the restricted legal services come in.
285 Code of Police Laws 1854 (Chapter 10, Laws of Malta), Part III. 286 ibid, Article 47. 287 ibid, Article 44. 288 ibid, Article 45. 81
