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Maltese Laws |
COMMISSIONERS FOR JUSTICE ACT
To provide for the establishment of a system for the depenalisation and trial of petty cases.
15th June, 1981
ACT XIX of 1981, as amended by Acts XXIII of 1981, I of 1982, XIII of
1983, I of 1985, XVII of 1989, VIII of 1990, XII of 1995; Legal Notice 107 of 1996; Act XXI of 1999; Legal Notices 254 of 2000, 295 of 2001, and 138
and 316 of 2002; Act XXXI of 2002; Legal Notices 337 of 2003, and 36,
292, 430 and 517 of 2004; Act I of 2005; Legal Notices 223 and 404 of
2005; Acts XIII of 2005 and XVI of 2006; and Legal Notices 394 and 423 of 2007, 502 of 2010 and 490 of 2011.
Act.
"authority" shall mean a body corporate or incorporate, as well as any association of persons by whatever name called;
"Commissioner" means a Commissioner for Justice appointed according to article 3;
"Court of Magistrates" means the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as
a court of criminal judicature;
"Electoral Register" shall have the same meaning as is assigned to it by the General Elections Act;
"Minister" means the Minister responsible for justice;
"scheduled offence" means an offence set out in the Schedule to this Act;
"scheduled offence specified in the charge" means an offence to which the charge issued by th e Executive Police, or the
local council or authority in accordance with the provisions of article 5 refers, and includes such other infringement in addition
thereto or in substitution therefor as a Commissioner may, in accordance with article 5(5), authorise.
3. (1) There shall be appointed Commissioners for Justice who shall separately have the functions and powers assigned to them
by this Act, or under the Local Councils Act, or under any other Act including the functions and powers -
(a) to consider any charge brought before them by the Executive Police in accordance with article 5 or by local councils
under the Local Councils Act or by any other authority under any other Act;
(b) to hear witnesses on oath or affirmation and to examine such evidence as may be produced before them;
Short title.
Interpretation. Amended by: VIII. 1990.3; XII. 1995.2;
XXXI. 2002.214.
Cap. 354.
Commissioners for
Justice.
Amended by:
XXIII. 1981. 2;
XII.1995.3;
XXXI. 2002.215.
Cap. 363.
Cap. 9.
(c) to determine whether, on the evidence so produced, the scheduled offence specified in the charge has or has not been proved to
have been committed by the person charged;
(d) to impose such penalty in accordance with the provisions of article 10(2), and
generally, for the purpose of exercising their functions and powers, the Commissioners shall have, mutatis mutandis, all such powers as are, by the provisions of Book Second of the Criminal Code, vested in the Court of Magistrates.
(2) An act or omission shall not, for the purposes of this Act, be considered to be a criminal act notwithstanding the provision
of such l a w as is set out in t h e Sched u le to this Act, bu t shall never t h e less be deem ed to con s titute an of fence
for which a Commissioner may, in accordance with the provisions of article
10(2), order the payment of the penalty therein specified.
(3) Saving the provisions of article 11, the Court of Magistrates shall not have jurisdiction to try a scheduled offence:
Provided that the Court of Magistrates shall have jurisdiction to try any scheduled offence which is charged together with any other
offence over which the said court has jurisdiction.
Appointment of Commissioners. Amended by: XVII. 1989.2; XII.1995.4; XXI.1999.43.
Minister from persons of either sex.
(2) A Commissioner shall be appointed for a term of two years a n d shall vaca te his office a t th e exp i ratio n o f th e term
of his appointment.
(3) The Commissioners shall be re-eligible for appointment.
(4) During their tenure of office the Commissioners may not be removed except in the same manner and on the same grounds as a magistrate
may be removed from office.
(5) In the exercise of his function a Commissioner shall not be subject to the direction or control of any other person or authority.
Cap. 9. (6) The provisions of the Criminal Code regarding the abstention a n d challenge of magis t rates shall apply to the abstention and challenge of a Commissioner.
(7) Where a Commissioner has been objected to or has abstai ned from sittin g, or is otherw ise unable to act, another
Commissioner shall be surrogated in his stead by the Minister.
(8) Repealed by XXI.1999.43.
(9) Upon his appointment, a Commissioner shall take an oath to examine and decide the cas es bro ugh t b e fo re h i m wi th impartiality
and equity according to law. The oath shall be taken before the Attorney General.
(10) A Commissioner shall hold sittings on such days and at such time as the Minister may determine and such sittings may be held
on Saturdays and outside the hours when the registries of the courts are considered closed.
(11) The sittings shall be held in such place or places designated as Local Tribunals by the Minister.
(12) The warrants or orders shall be signed by a Commissioner.
(13) The oath to the witnesses shall be administered by a
Commissioner.
(14) The Commissioners shall receive such remuneration as the Minister responsible for justice, in consultation with the Minister
responsible for finance, may from tim e to ti me prescribe. Such remun e r a tion may no t be altered to th e disad v antage of a
Commissioner during his period of office.
(2) Saving the provisions of article 14(4), the Executive Police, local council or other authority, as the case may be, shall,
by an order in writing, summon the person charged with a scheduled offence to appear before a Commissioner on the day and at the
time specified in the said order.
(3) The summons shall contain a clear designation of the person summoned and a brief statement of the facts of the charge
together with such particulars as to time and place as it may be necessary or practicable to give. The summons shall also contain
an intimation that in default of appearance the person summoned shall be deemed to have admitted the charge.
(4) The summons shall contain a form indicating the penalty to which the person charged may be liable if found to have committed
the offence as well as the maximum additional penalty to which he may be liable under this Act, and the person charged may, up to
three days before the hearing, settle the charge by paying only the penalty. In such a case such person need not appear before the
Commissioner.
(5) A Commissioner may at any stage during the proceedings, authorise the addition of a fresh charge on a scheduled offence or
the substitution of any charge contained in the summons by another charge on a scheduled offence:
Prov id ed t h a t th e pe rs o n ch ar ged shall be af forde d a reasonable time within which to prepare for his defence:
Pro v ided that any addi tion o r substitut i on may on ly be effected before the prosecution closes its case.
Proceedings before a Commissioner. Amended by:
I. 1982. 2;
XIII. 1983. 4,5;
XII.1995.5;
XXXI. 2002.216.
(2) Until such regulations are made, the provisions of the Code of Organi zati on and Civil Proced ure and of any regulations made thereunder shall apply to service of judicial acts under this Act.
Service of judicial acts.
Added by:
I. 1982. 3.
Amended by:
XII.1995.6;
XXI.1999.43.
Substituted by:
XXXI. 2002.217.
Cap. 12.
Failure to appear when summoned. Added by:
I. 1982. 3. Amended by: XIII. 1983. 5.
Substituted by: XII.1995.7. Amended by:
XXXI. 2002.218; XIII. 2005.25. Cap. 9.
7. Saving the provisions of article 5(4), if a person duly served with a summons or his representative as may be authorised
in writing by him, fails to appear personally before a Commissioner he shall be deemed to have a d mitted the char ge
and, n o t w it hst a nd in g a nyt hi ng co ntai ned i n th e Criminal Code , the Commissioner shall thereupon proceed to order the payment of the penalty and give such other orders, according to circumstances,
as provided in article 10(2) in the absence of the person charged:
Provided that any person charged may instead of appearing before the Co mmi ssioner send to the Regist ry of the Commissioners
representations in writing and, or a declaration on
the facts of the case confirme d on oath contesting the charge against him, and the Commissioner shall, prior to deciding the case,
take into account such representations and, or a declaration as if
they had been made viva voce before him.
Provisions of the Criminal Code applicable to proceedings before a Commissioner. Amended by:
XIII. 1981.3; VIII. 1990.3;
XII.1995.8; XXXI. 2002.219; XIII. 2005.26.
Cap. 9.
8. The provisions of the Criminal Code relating to proceedings before the Court of Magistrates shall apply mutatis mutandis to proceedings before a Commissioner and a reference made to that court in that Code shall, for all intents and purposes of law,
be deemed to be a reference made to a Commissioner:
Provided that a Commissioner may proceed with the hearing of the charge in the absence of the person charged:
Provided further that the person charged may instead of appearing before the Commi ssioner , appoin t in writing a rep r
ese nt at iv e w ho s ha ll fo r a ll in te nt s an d p urp ose s of la w be deemed to have the same rights and obligations as a
person charged before the Commissioner.
Functions. Amended by: VIII. 1990.3; XII. 1995.9. Substituted by:
XXXI. 2002.220.
Decisions of the Commissioners. Amended by: XXIII. 1981. 4; XIII. 1983. 5; XVII. 1989.3; XII.1995.10; XXI.1999.43; XXXI. 2002.221; I. 2005.26;
L.N. 423 of 2007.
(2) Where a Commissioner decides that the person charged has co mmit ted t h e schedu led of fence specifi ed i n t h e char g
e , a Commissioner shall declare such person guilty of an infringement an d shal l o r der suc h p e rson to p a y a p e nal t y
in an am ou nt n o t exceeding the maximum of the fine (multa or ammenda) prescribed by law for the of fence and where such law provides for the sequestration of any object used in the commission of the
offence, or for the re vocation or susp ensio n of any li cen c e th e Commissioner shall order such sequestration or such
revocation or suspension in addition to the penalty:
Provided that where the Commissioner decides that the person charged committed the scheduled offence specified in the
the fine (multa or ammenda) within one month from when the case is decided finally, the person charged shall pay a penalty of eleven euro and sixty-five cents
(11.65) in addition to the fine (multa or ammenda).
(3) Where a Commissioner has made an order for the payment of such penalty, the Registrar of the Tribunal or other person designated
by the Minister responsible for justice, shall, and in cases where the original penalty arising from the charge is due to a Local
Council or to som e other authority in term s of any act, that Local Council o r authority shall as soon as such order is made, proceed
to the collection of the penalty. The Registrar shall immediately inform the proper authorities in writing of any forfeiture of
any object used in the commission of the offence, or of the revocation or suspension of any licence ordered by a Commissioner and
shall send the authority a certified copy of the judgement of the Commissioner.
(4) Where due to the commission of an offence, any public au th or it y, in cl ud in g a local council, has incurred e x
penses to remedy the consequences of th e said offence, the Commissioner may also order the payment to su ch authority of a sum
not exceeding two thousand and three hundred and twenty-nine euro and th irty-seven cents (2,329 .37 ) that may b e prov ed t o
his satisfaction to have been expended by such authority to remedy such consequences. Such amount shall be without prejudice to
any other action before any court to recover any expense beyond the sum awarded by the Com mission er, and such amou nt sh all be
re coverable by such a u thorities as a civil debt, liquidated and certain.
(5) The amount of the penalty shall be due and owing to the Government or where the penalty is due to a Local Council in terms
of the Local Councils Act, the amount of the penalty shall be due and owing to that Local Council, as a civil debt, liquidated and certain, and may be collected
by the Registrar of Courts or by the Local Council, as the case ma y be. The order referred to i n subarticle (2) shall constitute
an executive title within the meaning and for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure.
(6) The civil debt mentioned in sub-article (5) shall not pass on to the heirs of the person ordered to pay any such penalty.
Cap. 363.
Cap. 12.
(2) For the purpose of exercising its functions under this article, the Court of Magistrates shall proceed in accordance
with the provisions of the Criminal Code:
Provided that the decision on the merits of the application to the Court of Magistrates shall not be subject to appeal before any
Applications to Court of Magistrates. Amended by: XIII. 1983.4, 5; XVII. 1989.4; VIII. 1990.3; XII. 1995.11; XIII. 2005.27;
L.N. 423 of 2007;
Cap. 9.
other court.
(3) The Court of Magistrates may, if it considers the app licati on friv olou s or v exatio us, o rder the ap pellant
to pay a penalty not exceeding one hundred and sixteen euro and forty- seven cents (116.47).
(4) The provisions of article 10(3), (5) and (6) shall apply to the decision of the Court of Magistrates confirming or varying a
deci si on of t h e Co mmission er, in cl udi ng an ord e r mad e under subarticle (3).
Re-Trial. Added by: XIII. 2005.28.
(2) Such application shall be filed within fifteen days from the day such person acquired, or should have reasonably be expected to have acquired, knowledge of the decision against him.
Prescription. Amended by: XXXI. 2002.223.
Provided that the period of prescription with respect to actions before a Co mmi ssioner shall be suspended from the date that a summons
is served and shall remain so suspended for a period of six months.
(2) The period of prescription of the criminal action in respect of an offence mentioned in the Schedule shall be suspended by
the proceedings before a Commissioner.
Power to make regulations. Substituted by: XII.1995.12. Amended by: XXXI. 2002.224; XIII. 2005.29; XVI. 2006.32.
(a) prescribing, or relating to, the procedure to be followed by the Commissioners;
(b) amending the Schedule by adding or removing therefrom offences; provided that no offence may be added to the Schedule
by regulations under this article if the punishment for that offence exceeds the punishments established for contraventions;
(c) for establishing any fees that may be payable in terms of this Act;
(d) for the establishment, after consultation with the Local Councils Association, of a Board which shall be competent to
hear and decide requests which may be made for the waiving or discontinuance of proceedings against any person for any infringement
before a Commissioner for Justice, or for remission of the penalty awarded, for any valid reason under such conditions
as may be prescribed;
(e) for establishing any form to be used in terms of this
Act;
Registry of Local Tribunals;
(g) for establishing a local enforcement system and to determine its functions;
(h) for establishing and determining the functions of the
Registrar and other officials of the Local Tribunal;
(i) to provide for rules of service of judicial acts in terms of this Act;
(j) to establish rules regarding the manner in which penalties may be collected, the forfeiture of objects and the withdrawal
and suspension of licences in terms of this Act; and
generally with regard to any thing that may be by him determined, ordered, directed or prescribed in accordance with the provisions
of this Act and any other matter that may be expedient for the better carrying into effect of this Act.
(2) Without prejudice to the provisions of article 11 of the Interpretation Act , any amen dment to th e Sched u le made by regulations under the provisions of the foregoing sub-article shall not come into effect
except after the lapse of thirty days from the date of publication of the said regulations in the Gazette.
Cap. 249.
(2) Any Police Officer and any other officer, authority or person who in accordance with any law as aforesaid is charged
with the responsibility for enforcement of such law, in whose opinion an y such of fence has been co mm itted m a y hand over to
t h e offender a notice containing a general description of the offence, the penalty to be paid, the place where he may pay such
penalty, the period within which he may ef fect such paym ent and the consequences of non-payment:
Provided that if a motor vehicle, boat or other object has been used in the commission of an offence, such notice may be affixed
to the windscreen or other part of such motor vehicle, boat or other object:
Provided also that where it is not practicable to hand over a notice, or to fix it as aforesaid, the notice may be served to the
offender in the same manner that a summons may be serve d in terms of article 6.
(3) Where any notice has been handed over or is affixed as is provided in subarticle (2), the person referred to in the said notice
may pay at the place mentioned in such notice within such time indicated in the notice, which in no case shall be less than seven
days, a penalty in respect of each offence referred to in each such notice, provided that such penalty shall not exceed the minimum
established in the law for each such offence or twenty-three euro and twenty-nine cents (23.29), whichever is the higher.
Special procedure in certain cases. Added by: XII.1995.13. Amended by:
XXI. 1999.43; XXXI. 2002.225;
L.N. 423 of 2007.
(4) (a) Where any penalty imposed under subarticle (3) is not paid with in t h e aforemen tion e d period , ord i nary proceedings in
respect of the offence may be taken in accordance with the provisions of this Act or any other law.
(b) In proceedings before the Commissioner no notice need be given the offender of any date to which a case which has been set down
for hearing or has started to be heard is put off and it shall be the responsibility of the offender to verify such date.
(5) The payment of any such penalty shall for all intents and purposes of law, be deemed to be an admission of the commission of
the offence.
(6) Data or other information retrieved from electronic or other apparata used by a Police Officer or any other officer, authority
or person who in accordance with any law as aforesaid is charged with the responsibility for the enforcement of such law shall be
deemed to be proof of th e contents th ereof u nless t he defendant pro ves otherwise.
(7) (a) Where the evidence to be given by any person refers to t h e regi strati on of m o t o r veh i cl es, bo ats o r oth e r objects
which are required to be registered under any law, such evidence may be submitted by means of an affidavit.
(b) Where evidence is submitted by photographs, video- film or other visual means, such eviden ce shall be authenticated by the person
who is the author of such photograph, video-film or other visual means.
(8) No proceedings before a Commissioner shall be deemed to be invalid because of the non-o bservance of any formalities or procedures
i f there has been substanti a l comp liance wit h the provisions of this Act and any regulations made hereunder and the principles
of natural justice have been observed.
(9) The Commissioner shall hear and determine all cases br ou ght b e fo re h im on t h e fir s t day of h e ar in g an
d shal l o n l y exceptionally accept a request for postponement of the hearing.
SCHEDULE Amended by: I. 1985.2;
(Article 2)
XVII. 1989.5. XII.1995.14;
L.N. 107 of 1996;
L.N. 254 of 2000;
L.N. 295 of 2001;
L.N. 138 of 2002;
L.N. 316 of 2002;
L.N. 337 of 2003;
L.N. 36 of 2004;
L.N. 292 of 2004;
L.N. 430 of 2004;
L.N. 517 of 2004;
L.N. 223 of 2005;
L.N. 404 of 2005;
L.N. 394 of 2007.
Subsitituted by:
L.N. 502 of 2010;
L.N. 490 of 2011.
Traffic Regulation Ordinance Cap. 65 Articles 3, 30, 34(1) and 46; and the Second Schedule in respect of parking or waiting or stopping at prohibited
place.
Motor Vehicles Regulations S.L. 65.11 Regulations 59, 61, 65, 67 to
103, 105 to 110A, 114 to 118,
123 to 127 and 130.
Clamping and Removal of Motor Vehicles and
Encumbering Objects Regulations
Traffic Signs and Carriageway Markings Regulations
S.L. 65.13 Regulation 11.
S.L. 65.05 Regulation 2.
Litter Act Cap. 206 Articles 3, 4, 5, 8. Education Act Cap. 327 Article 129(1)(b).
Motor Vehicles Insurance
(Third-Party Risks) Ordinance
Motor Vehicles (Wearing of Seat Belts) Regulations
Cap. 104 Article 8(1).
S.L. 65.12
Control of Dogs Regulations S.L. 312.01
Controlled Parking Schemes (Residents and Commercial) Regulations
S.L. 363.80
Activities requiring Permit by Local Councils Regulations
Trenching Works requiring Permit by Local Council
Regulations
Placing of Billboards and Advertising on the Road Regulations
Registration and Licensing of Motor Vehicles Regulations
S.L. 441.04
S.L. 441.05
S.L. 499.32 Regulations 4, 8, 9, 10, 12.
S.L. 368.02 Regulations 8, 13(1), 14(3),
17(1), (2), 18, 20, 21(1), 24,
32(3), (4), (5), (7), 33, 35,
44(7)(b), (c), (d), (e), (f), (g), (h), (i) and (j).
Abandonment, Dumping and
Disposal of Waste in Streets and
Public Places or Areas Regulations
Environmental Management Construction Site Regulations
Motor Vehicles (Carriage of Goods by Road) Regulations
S.L. 504.67
S.L. 504.83
S.L. 65.19 Regulations 5, 68, 69, 72.
Motor Tractors Regulations S.L. 65.08 Regulation 3.
Pedal and Low-Powered Cycles
Regulations
Motor Vehicles (Driving Licences) Regulations
Valletta Pedestrian Zones Regulations
Mdina (Restriction of Access
and Transit of Vehicles) Regulations
S.L. 65.26 Regulations 4(1), 5(1), 6, 7, 9 to
11, 13, 14, 17(6), 19, 21 to 24,
26.
S.L. 65.18 Regulations 3, 4, 27, 56, 57, 58,
69, 76.
S.L. 499.54 Regulation 9. S.L. 65.27 Regulation 2.
Hygiene of Food Regulations S.L. 449.31 Paragraph 2 of Part VIII of the
Schedule.
Tobacco (Smoking Control) Act Cap. 315 Article 14.
Smoking in Public Places Regulations
S.L. 315.04
Motor Vehicles (Weights,
Dimensions and Equipment) Regulations
New Roads and Road Works Regulations
S.L. 65.21 Regulations 8, 11.
S.L. 499.57 Regulations 24, 25, 39 to 42.
Taxi Services Regulations S.L. 499.59 Regulations 16(2), 21(1), 27,
29(6), 49, 50, 53, 55, 57 and
65(3), (4), (5) and (6).
Management of Bathing Water
Quality Regulations
S.L. 465.09 Regulations 19(1) and (2).
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