Working for a world where every person's right to a fair trial
is respected, whatever their nationality, wherever they are
accused
JAMES MILTON
"We were repeatedly told in that time that they couldn’t tell me the circumstances of my arrest, they
couldn’t tell me why I was there, but my mum would not be allowed in with me.”
James Milton
Summary
James Milton (not his real name), then a 16 year old from the UK who had recently moved with his mother to Malta,
was arrested and taken to a police station where he was questioned aggressively for over four hours, without a lawyer
or other appropriate adult present. His mother was refused entry to the interview room despite her presence at the
police station and her frequent requests to see her son.
James was questioned about his friendship with a younger boy (“C”) who had made sexual allegations against James.
It was later revealed at James’ trial that these allegations had been made in response to a complaint of sexual
misconduct that had previously been lodged against C himself, by the father of another boy. James was told none of
this during the police questioning, indeed he was not informed of any charges against him or told of his legal rights.
He was interrogated from 21.30 until 02.30 the following day and was not even given a glass of water during this time.
Local consular staff were contacted when James was arrested, but said they could not assist because James had not
been imprisoned. James’ passport was taken pending the trial, so that from June 2009 until the trial in June 2010, he
was unable to visit family and friends in the UK, despite his mother’s offer to post security or give up her own
passport. James was eventually acquitted of all charges at trial, the Court finding that C’s testimony was “filled with
doubts and half truths” and that the prosecution’s evidence was “grossly lacking”. Nonetheless the police appealed
and held onto James’s passport, which meant James was unable to go to the UK on a trip he had booked for his
father’s 50th birthday. He was also unable to go on a family holiday arranged to celebrate his grandfather’s 80 th
birthday. Beyond moral support, no effort was made on behalf of the British consulate to aid James, either to ensure
his basic rights on arrest were safeguarded or in the retrieval of his passport.
Background
James Milton was 15 years old when he moved with his mother from the UK to Malta in 2007, his father and brother
remaining in England. Upon arrival, he became friendly with another English boy (“C”), who was five years his junior
but who introduced him to friends closer to James’s own age. C began harassing James and sending abusive text
messages after James severed contact following a number of unsolicited late night and early morning visits at their
house which neither James nor his mother were happy with.
In 2008 James heard from a local friend that C had been spreading rumours, including about James downloading
pornography with C present. James denied the rumours, informed his mother, and continued avoiding all contact
with C.
The Interrogation
On the night of June 23rd 2009, 18 months after James had first learned of the rumours, two police officers arrived
demanding to search James’s room. No search or arrest warrants were produced despite James’ mother’s request to
see these, and the police took away James’ and his mother’s computers. James was arrested and taken to the police
station at 21:30 that night and subjected to over four hours of intense and aggressive questioning. During the
interrogation the police did not ensure James had access to a lawyer, and refused to allow his mother to be present,
despite his young age. No water or food was provided throughout the interrogation. The questions concerned his
friendship with C and their falling out but at no stage were any allegations formally put to him, nor were his rights as a
suspect explained to him. He asked when he would be released but was given no answer.
After this interview, James was charged with “defiling a minor”
contrary to Maltese law, an offence which carries a sentence of up
to three years’ imprisonment including potential solitary
confinement. Unbeknown to James, the officer leading the
interrogation was fully aware of a formal complaint of sexual
misconduct, which had very recently been made against C by the
father of another child known to C. This information only
emerged at the trial, when the Court noted that no formal
complaint of sexual misconduct had ever been made against James on behalf of C (for example, by his mother, with
whom he lived): C had made the comments about James, for the first time, in response to police questioning him
about the allegations made by the other boy.
Before James was released from the police station his passport was seized and held for over a year, preventing him
from attending family functions including the birthday celebrations of both his father and elderly grandfather.
The Trial
James’ trial did not commence until 8 June 2010. James was acquitted of all charges, the Court finding that C’s
testimony was “filled with doubts and half truths” and the evidence to support the prosecution case was “grossly
lacking”. Nonetheless, the police appealed and retained possession of his passport until the case was eventually
dropped. No explanation or apology was ever given and when James and his mother contacted Fair Trials
International in June 2010, neither felt they had had any real closure, though James’s passport was belatedly returned
to him.
James continues to suffer stress and depression and his mother has said she was terrified for her son and felt that the
British Consulate did nothing constructive to help him at any stage. She has also been put to great financial expense
as a result of expensive legal bills, which she can ill-afford as the sole proprietor of a small business in Malta. James
has chosen to move back to the UK to try and rebuild his life.
Fair Trials Concerns
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Failure to produce search or arrest warrant when police arrived late in evening: Despite saying
they had warrants the police refused to show these to James and his mother at any stage
Failure to state what the allegations were or explain why they were carrying out a search
Failure to explain James’ legal rights to him at any stage
Police interrogation of a youth without legal representation and without presence of a
responsible adult: James, 16 years old at the time of arrest, was brought in for questioning late at night and
aggressively interrogated without either a lawyer or his mother present. Relevant information was withheld
from him. Never having been arrested before, James was scared, confused, and unable to receive a clear
explanation of the circumstances or charges against him. Despite his mother’s insistence and presence at the
police station she was refused all contact with her son until his release.
Unfair retention of passport and denial of right to family life: Despite having moved to Malta, much
of James’ family life still remained in the UK. The Maltese prosecutors refused to consider alternative security
options to allow James to maintain family and social contacts. No opportunities for surety payments, a
deposit of his mother’s passport (even though this was offered), and no other such guarantees were
considered. This situation continued through an entire year. Throughout the year James missed numerous
important family functions including visits to his father.
Limited consular aid: While the seizure of the passport and circumstances of the case were reported to the
British High commission on Malta, the UK authorities did little more than provide sympathy.
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