[ S.L.291.04 PETITIONS (LOCAL TRIBUNALS) 1 SUBSIDIARY LEGISLATION 291.04 PETITIONS (LOCAL TRIBUNALS) REGULATIONS 1st January, 2006 LEGAL NOTICE 414 of 2005, as amended by Legal Notices 140 of 2006, 144 of 2007, 193 of 2008, 39 and 262 of 2009, 310 of 2015, 332 of 2017 and 474 of
- The title of these regulations is the Petitions (Local Tribunals) Regulations.
- In these regulations, unless the context otherwise requires - "the Act" means the Commissioners for Justice Act; "the Agency” means the Local Enforcement System Agency established by the Local Enforcement System (Establishment as an Agency) Order; 3; Title. Definitions. Amended by: L.N. 193 of 2008; L.N. 310 of 2015; L.N. 474 of
- Cap.
- S.L. 497.14 "the Board" means the Petitions Board established by regulation "Commissioner" means a Commissioner for Justice appointed under article 3 of the Act; "scheduled offence" means an offence set out in the Schedule to the Act, committed after the coming into force of these regulations; "the Minister" means the Minister responsible for the Local Enforcement System Agency. 3.
(1)There shall be a Board, to be styled the Petitions Board, composed of one person appointed by the Minister, who may from time to time appoint more than one Board. Petitions Board. Amended by: L.N. 193 of 2008.
(2)The person composing the Board shall be appointed for a term of two years and during the course of his term of office may only be removed from office by the Prime Minister on the same grounds for the removal of a Magistrate.
(3)The functions of the Board shall be the following: (
- a)to determine any petition submitted to it by any person who is charged or is about to be charged with any scheduled offence before a Commissioner; (
- b)to order the waiving or discontinuance of any proceedings before a Commissioner relating to any scheduled offence at the request of any person as mentioned in the preceding paragraph; and (
- c)to remit in whole or in part any financial penalty imposed by a Commissioner following proceedings for an infringement relating to a scheduled offence. 4.
(1)Any person subject to any proceedings instituted against him as are mentioned in regulation 3 or who has been found guilty following such proceedin gs, may petition the Board requesting that the proceedings be waived or discontinued, and, or the penalty be remitted in whole or in part. Petitions to the Board. Amended by: L.N. 140 of 2006; L.N. 39 of 2009; L.N. 332 of 2017. 2 [ S.L.291.04 PETITIONS (LOCAL TRIBUNALS)
(2)Such petition shall be filed in the Registry of the Board of Petitions within a reasonable time, but not later than thirty days from the date of the Tribunal judgement.
(3)The petition shall, under pain of nullity, contain the reasons for the request in the petition.
(4)No petition may be allowed once the financial penalty has been paid. Chambers dealing with petitions. Substituted by: L.N. 140 of 2006. Amended by: L.N. 262 of 2009; L.N. 310 of 2015. 5.
(1)There shall be such number of chambers of the Board as the Minister may prescribe. The petitions shall be assigned to the v a r i o u s B o a r d s o n a r o t a t i o n b a s i s b y s u c h o ff i c e r s a s a r e designated by the Registry of the Board of Petitions.
(2)The Board of Petitions shall process immediately the petitions received immediately by sending an acknowledgement within three
(3)working days from when such petition is registered, and this shall immediately be forwarded for the comments of the Agency or the Police, as applicable. The Agency or the Police shall forward their comments within three
(3)weeks.
(3)After receiving all the required information, including the comments of the Agency or the Police and all other necessary documentation, the Board shall immediately decide on the petition which shall be made by not later than fifteen
(15)days from when the Board receives the comments from the Agency or the Police.
(4)If the Agency or the Police do not forward the information or the documentation asked within three
(3)weeks from when asked, the Board shall immediately decide the petition.
(5)As soon as the Board decides, the Registry of the Board shall communicate the decision to the person who has made the petition within five
(5)working days. Mode of examining petitions. Amended by: L.N. 144 of 2007. 6.
(1)The Board shall examine petitions received by it and shall only accede to a petition in part or in whole when there are impelling reasons for it to do so, such as: (
- a)an evident mistake in the identity of the offender or in the identification of any vehicle involved in the scheduled offence; (
- b)an evident mistake which resulted in the offender being wrongly found guilty of the scheduled offence; (
- c)humanitarian reasons attenuating the circumstances relating to the commission of the scheduled offence; (
- d)when the issue of the charge or of the notice under article 14 of the Act or the nature thereof is manifestly unjust or oppressive, considering the nature and facts of the case; (
- e)when the procedures as set in the Service of Notice by Mail Regulations for the issue of the contravention have not been followed. S.L.291.03
(2)(
- a)Following the presentation of a petition in the Registry of the Board, the Tribunal proceedings referring to PETITIONS (LOCAL TRIBUNALS) [ S.L.291.04 such contravention shall be suspended for all effects and purposes of law, until such date when the petition is decided upon. (
- b)The prescriptive period in the case of contraventions shall also be suspended as from the date when the petition is filed and until that same petition is decided upon. (
- c)In the event that the petition is refused, a new summons shall be issued. 7. (
- a)When the Board accedes to a petition in respect of proceedings which are pending or are about to be instituted, such proceedings shall be extinguished for all purposes of law. (
- b)When the Board remits any penalty, such penalty shall no longer be recoverable under the Act or any other law. (
- c)When the Board has acceded to a petition or remitted a penalty, a notice must be sent to the respective Joint Committee, which must take the necessary action to reduce or cancel as the case may be. Extinction of proceedings. 3