ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 SUBSIDIARY LEGISLATION 220.05 ARMED FORCES OF MALTA SUMMARY JURISDICTION REGULATIONS 16th October, 1970 LEGAL NOTICE 98 of 1970, as amended by Legal Notices 104 of 1970, 38 of 1973, 40 of 1975 and 411 of 2007. 1. The title of these regulations is the Armed Forces of Malta Summary Jurisdiction Regulations. 2. In these regulations - Title. Amended by: L.N. 38 of 1973. Definitions. "detachment" means part of a unit which is so separated from the unit to which it belongs that the commanding officer of that unit cannot effectively exercise his disciplinary powers as commanding officer over it; "subordinate commander", except where otherwise expressly provided, means the officer commanding a squadron, battery, company or equivalent sub-unit, or any officer appointed to be a subordinate commander by the commander; "unit", except where otherwise expressly provided, means either any independent portion of a corps which is not higher in the corps organisation than a battalion or its equivalent or any equivalent body of troops; "the Act" means the Malta Armed Forces Act, Cap. 220. and other expressions have the same meanings as they have in the Act. 3. Any appointment of an officer to be a commanding officer or a subordinate commander (
- a)may be made subject to restrictions, reservations, exceptions or conditions; (
- b)may designate the officer by name, by reference to any appointment or office held by him, or by reference to a class of officers of which the officer appointed is a member, and shall, unless otherwise specified, extend to any officer for the time being performing the duties of the officer so named, or holding, or acting in the place of the holder of, that appointment or office, or acting in the place of a member of that class; (
- c)may be made in relation to a particular person or to any class or group of persons, or for a particular case or for a class of cases; (
- d)may be varied or revoked, either wholly or in part, by the authority by whom it was made, by his successors or by any authority superior in command. Appointment of commanding officers and subordinate commanders. 1 2 [ S.L.220.05 General definition of commanding officer. ARMED FORCES OF MALTA SUMMARY JURISDICTION 4. Except where otherwise expressly provided in these regulations, the commanding officer of a person subject to military law who is charged with an offence is either (
- a)the officer who has been appointed by higher authority to be commanding officer while able effectively to exercise his powers as such; or (
- b)where no appointment has been made as aforesaid the officer who is, for the time being, in immediate command of the unit to which the accused belongs or is attached or any detachment with which the accused is for the time being serving and who is directly responsible in disciplinary matters to an officer empowered to convene a district court martial to try a soldier belonging to or attached to that unit or who is serving with that detachment, as the case may be. Commanding officer of a unit or detachment placed under command of another commanding officer. 5. Where a unit or detachment is placed for disciplinary purposes under command of the commanding officer of another unit or detachment, that officer is the commanding officer of a member of the unit or detachment so placed under his command who is charged with an offence, and the officer commanding of the latter unit or detachment is a subordinate commander for the purposes of these regulations. Delegation of powers by commanding officer. 6.
(1)Subject to regulation 14, an officer who is a commanding officer within the meaning of regulation 4 or 5 may delegate to a subordinate commander whatever his rank may be, who is under his command and directly responsible to him in disciplinary matters, the power to investigate and deal summarily with charges with which he himself may so deal under regulation 9: Provided that such delegation shall not include: (a) the power to remand the accused for trial by court-martial; and (b) the power to order the taking of a summary of evidence or the making of an abstract of evidence.
(2)When a commanding officer delegates the power to investigate and deal summarily with charges in accordance with sub-regulation
(1)he may, in addition to the restrictions imposed by regulation 14, impose such further restrictions as seem to be proper upon the exercise of that power by the officer to whom it is delegated.
(3)When a subordinate commander is dealing with a charge against a non-commissioned officer or a soldier and the accused elects to be tried by court-martial in accordance with article 84
(6)of the Act, the subordinate commander shall not deal further with the charge himself, but shall order that the accused shall be brought before the commanding officer who delegated to him the power to investigate the charge. ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 3 7. An officer who has had delegated to him by his commanding officer in accordance with regulation 6
(1)power to investigate and deal summarily with charges is, while exercising such power in respect of any person, the commanding officer of that person for the purposes of the Act. Status of an officer to whom the commanding officer has delegated powers.
- The commanding officer of a civilian who is charged with an offence and to whom Parts III and IV of the Act apply by virtue of article 179 thereof is such officer, not below the rank of lieutenant-colonel as may be appointed for the purpose by the officer, not below the rank of colonel, commanding the body of troops with which, or the command or other area, garrison or place in which, the civilian is for the time being. Commanding officer of a civilian.
- A commanding officer may deal summarily with a charge under any of the following articles of the Act: 38
(3); 42; 43(c); 46; 47
(2); 48; 49; 51; 52; 53; 54; 55
(1)(a); 56; 57
(1)(c), (d), (e), (f); 58(c); 59; 60; 61
(2); 62; 63; 66; 67(a), (b); 70(b); 73 (where the principal offence can be dealt with summarily by virtue of this regulation) 74 and 75 (where the civil offence is one which is specified in the Schedule to these Regulations). Charges with which a commanding officer may deal summarily. Amended by: L.N.14 of 1970. 10.
(1)Subject to sub-regulation
(2)a commanding officer shall not award - Restrictions on powers of punishment of commanding officers. Amended by: L.N. 411 of 2007. (
- a)the punishment of detention where the charge is laid under article 75 of the Act and the civil offence is one referred to in paragraph 2 of the Schedule; (
- b)the punishment of stoppages exceeding fifty-eight euros and twenty-three cents (58.23) without permission from higher authority.
(2)The restriction imposed by sub-regulation
(1)(a) shall not apply if the accused has previously been found guilty of such an offence or has previously been convicted of the corresponding civil offence. 11.
(1)After an acting warrant officer or an acting non-commissioned officer has been ordered by his commanding officer to revert to his permanent rank or to assume an acting rank either in accordance with article 84
(5)of the Act or with regulations made under article 4 of the Act, his commanding officer shall not without permission of higher authority award him any punishment in respect of an offence which he had committed before he was ordered so to revert or, as the case may be, to assume a lower acting rank.
(2)After a lance-corporal or lance-bombardier has been ordered by his commanding officer to be reduced to the ranks either in accordance with article 84
(4)or
(5)of the Act or with regulations made under article 4 of the Act, his commanding officer shall not without permission of higher authority award him any punishment in respect of an offence which he had committed before he was ordered so to be reduced. Limitation of punishment after reduction in rank. 4 [ S.L.220.05 Limitation of powers of commanding officers below field rank. ARMED FORCES OF MALTA SUMMARY JURISDICTION 12.
(1)Subject to sub-regulation
(2), a commanding officer who is below field rank shall not award detention for a period exceeding seven days.
(2)A commanding officer who is a captain may award detention (
- a)for periods up to but not exceeding twenty-eight days if he has been authorised to do so by the Commander; (
- b)for periods up to but not exceeding fourteen days if he has been authorised to do so by an officer in command not below the rank of colonel under whose command he is. Limitation of powers of detachment commanders below field rank. 13.
(1)When the officer commanding a detachment is below field rank, he may be restricted from exercising all or any of his powers as a commanding officer either by the officer commanding the unit to which the detachment belongs, if such unit is in the same command, or by higher authority, if it appears necessary to do so, having regard to the rank and experience of the officer commanding the detachment.
(2)Where an officer commanding a detachment has had his powers restricted in accordance with sub-regulation
(1), he may, notwithstanding such restrictions, exercise his full powers as commanding officer if it becomes necessary for him to do so for the maintenance of discipline, but if he does so exercise his full powers he shall immediately report his action to the officer or higher authority who restricted him from exercising that authority. Powers of subordinate commanders. Amended by: L.N. 40 of 1975; L.N. 411 of 2007. 14.
(1)A subordinate officer to whom a power to investigate and deal sum marily with charges has been delegated under regulation 6
(1)shall not award a punishment against a noncommissioned officer above the rank of corporal.
(2)Subject to sub-regulation
(1)and to any restriction which may be imposed by the commanding officer under regulation 6
(2), a subordinate commander may award one or more of the following punishments: (
- a)a fine not exceding the aggregate of seven days’ pay; (
- b)in the case of a non-commissioned officer, reprimand; (
- c)where the offence has occasioned any expense, stoppages not exceeding eleven euros and sixty-five cents (11.65); (
- d)any minor punishment for the time being authorised by or under the Act. Appropriate superior authorities. 15. In addition to the persons who may act as additional superior authority under article 88
(2)of the Act, an officer having the power to convene general courts-martial may act as appropriate superior authority in relation to a person subject to military law charged with an offence. ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 5 16. An appropriate superior authority may deal summarily with a charge against an officer or warrant officer under any of the following articles of the Act: 38
(3); 42; 43(c); 46; 47
(2); 48; 49; 51; 52; 53; 54; 55
(1)(a); 56; 57
(1)(c), (d), (e), (f); 58(c); 59; 60; 61
(2); 62; 63; 66; 67(a), (b); 70; 73 (where the principal offence can be dealt with summarily by virtue of this regulation); 74 and 75 (where the civil offence is one which is specified in the Schedule to these Regulations). Charges with which an appropriate superior authority may deal summarily. Amended by: L.N. 104 of 1970. 17.
(1)Subject to sub-regulations
(2)and
(3), any officer who is authorised by article 88
(2)of the Act or by regulation 15 to act as appropriate superior authority in relation to an officer or warrant officer may act as appropriate superior authority in relation to a civilian who is charged with an offence and who is subject to Parts III and IV of the Act under article 179
(1)or
(2)thereof. Appropriate superior authorities in the case of civilians. Amended by: L.N. 104 of 1970.
(2)In the case of a civilian who is subject to Parts III and IV of the Act under article 179
(1)thereof, an appropriate superior authority may deal summarily with a charge under any of the following articles of the Act: 38
(3); 42; 43(c); 46; 47
(2); 48; 49; 51; 52; 53; 54; 55
(1)(a); 56; 57
(1)(c), (d), (e), (f); 58(c); 59; 60; 61
(2); 62; 63; 67(a), (b); 73 (where the principal offence can be dealt with summarily by virtue of this sub-regulation); 74 and 75 (where the civil offence is one which is specified in the Schedule to these Regulations).
(3)In the case of a civilian who is subject to Parts III and IV of the Act under article 179
(2)thereof, an appropriate superior authority may deal summarily with a charge under any of the following articles of the Act: 42
(3); 48; 49; 62; 63; 73 (where the principal offence can be dealt with summarily by virtue of this subregulation); and 75 (where the civil offence is one which is specified in the Schedule to these Regulations). SCHEDULE (Regulations 9, 10, 16 and 17) Table of civil offences which may be dealt with summarily by commanding officers and appropriate superior authorities
- Contravention against the person.
- Careless or reckless or dangerous driving of any kind of vehicle.
- Taking any kind of vehicle without having the consent of the owner or other lawful authority or, knowing that a vehicle has been so taken, driving it or allowing himself to be carried in it or on it, or attempting to commit any of these offences.
- Wilful damage to property where the amount of damage does not exceed fifty-eight euros and twenty-three cents (58.23). Amended by: L.N. 411 of 2007.