L.S. 9.09 Regolamenti dwar il-Proċedura Kriminali (Regolament tar-Reġistri, Arkivji u Funzjonijiet tad-Direttur Ġenerali tal-Qrati u Uffiċjali Eżekutt

(3),

(4),

(5),

(6)and

(8)of the Civil Procedure (Regulation of Registries, Archives and Functions of Director Courts (Gozo) and other Court Executive Officers) Regulations, shall mutatis mutandis apply to the courts of criminal justice sohowever that the words "Director, Civil Courts and Tribunals", wherever they occur in the said Civil Procedure (Regulation of Registries, Archives and Functions of Director General (Courts) and Other Court Executive Officers) Regulations, shall be read and construed as a reference to the "Director Criminal Courts and Tribunals" and the words "Registrar, Civil Courts and Tribunals", wherever they occur in the said regulations of the Civil Procedure (Regulation of Registries, Archives and Functions of Director Courts (Gozo) and other Court Executive Officers) Regulations, shall be read and construed as a reference to the "Registrar, Criminal Courts and Tribunals". General provisions. Amended by: L.N. 508 of 2021. S.L. 12.21 3.

(1)In Malta, the courts of criminal jurisdiction shall have one registry. The Registry shall be titled "Registry of the Courts of Criminal Jurisdiction, Malta" and shall be placed at the Courts of Justice Division in Valletta. Registry of the Courts of Criminal Jurisdiction in Malta. Amended by: L.N. 359 of 2022.

(2)The Registry of the Courts of Criminal Jurisdiction, Malta shall be competent to receive all judicial acts, written pleadings and other documents which, are to be filed before (

1. a)the Court of Criminal Appeal, in its superior and inferior jurisdiction; (
2. b)the Criminal Court; (
3. c)the Court of Magistrates (Malta); (
4. d)the Juvenile Court; (
5. e)the Commissioners for Justice; (
6. f)any other court or tribunal, the judicial acts, written pleadings and other documents whereof shall, in terms of any law, be filed in the Registry of the Criminal Courts and Tribunals, Malta; and 2 [ S.L.9.09 C R I MI NA L P RO C E DU R E ( R E G ULATI O N OF R EG I S T R I E S , A R CH I V E S A ND F U N CT I O N S O F DIR E C TO R G EN E R A L ( C OU R T S ) A ND OTH E R C O UR T E XE C U T I V E O FF I C E R S ) (
7. g)the inquiring magistrate in the record of any inquiry relating to an in genere, an inquest or a repertus conducted by a Magistrate of the Court of Magistrates (Malta) or of the Court of Magistrates (Gozo) in accordance with the provisions of Title II of Part II of Book Second of the Criminal Code.

(3)The Registry of the Courts of Criminal Jurisdiction, Malta shall be under the responsibility of the Registrar, Criminal Courts and Tribunals.

(4)The Registry of the Criminal Courts and Tribunals, Malta may be divided into Sections as the Registrar, Criminal Courts and Tribunals may determine and such Registry shall be competent to receive judicial acts, written pleadings and other documents as may be established by law. How the electronic mechanism operates. Added by: L.N. 80 of 2021. Amended by: L.N. 359 of 2022. 3A.

(1)There shall be an electronic mechanism by which the judicial acts indicated in the Schedule may be filed online in the courts referred to in the Schedule.

(2)These regulations apply only to judicial acts indicated in the electronic mechanism referred to in sub-regulation

(1).

(3)Any lawyer, prosecutor in the Attorney General's Office and member of the Police Force who wishes to file a judicial act, as indicated in these regulations, in criminal courts online may do so by filing the same judicial act online through an appropriate site and by paying the fee prescribed by law.

(4)The magistrate conducting an inquiry relating to an in genere, an inquest or a repertus shall, for the purposes of these regulations, be considered as a court and the provisions of these regulations shall apply to such magistrate in the same manner as they apply to the Court of Magistrates (Malta) and to the Court of Magistrates (Gozo) without prejudice to the provisions of the Schedule. Responsibility of the registrar and when the documents are deemed to have been filed online. Added by: L.N. 80 of 2021. 3B.

(1)The registrar or his delegates may receive judicial acts, as indicated in these regulations filed online.

(2)The registrar shall issue a copy of the judicial acts filed online and the copy so issued by the registrar shall be deemed for all purposes and effects of law to be the original.

(3)Judicial acts filed online shall be considered for all purposes and effects of law as if they were filed directly in the register of the same courts: Provided that where a judicial act is filed online outside the opening hours of the register, that judicial document shall be deemed to have been filed on the first day following the opening of the same C R I MI N A L PR O C E DU R E ( R E GU L ATI O N O F RE G I S T R I ES, A R CH I V E S A ND F U NC T I O N S OF D I R E C TO R G EN E R AL ( CO U R T S) AN D OTH E R C O UR T E XE C U T I VE O FF I C E R S ) [ S.L.9.09 3 register. 4.

(1)In Gozo, the courts of criminal jurisdiction shall have one registry. The Registry shall be titled "Registry of the Courts of Courts of Criminal Jurisdiction, Gozo" and shall be placed at the Gozo Courts in Gozo. Registry of the Courts of Criminal Jurisdiction in Gozo.

(2)The Registry of the Courts of Criminal Jurisdiction, Gozo shall be competent to receive all judicial acts, written pleadings and other documents which in accordance with any law are to be filed before (

1. a)the Court of Criminal Appeal, inferior jurisdiction, hearing appeals from the Court of Magistrates (Gozo) as a Court of Criminal Judicature; (
2. b)the Court of Magistrates (Gozo); (
3. c)the Juvenile Court; (
4. d)the Commissioners for Justice; and (
5. e)any other court or tribunal, the judicial acts, written pleadings and other documents whereof shall, in terms of any law, be filed in the Registry of the Civil Courts and Tribunals, Gozo.

(3)The Registry of the Courts of Criminal Jurisdiction, Gozo shall be under the responsibility of the Registrar, Gozo Courts and Tribunals.

(4)The Registry of the Civil Courts and Tribunals, Gozo may be divided into Sections as the Director, Gozo Courts and Tribunals may deterrnine and such Registry shall be competent to receive judicial acts, written pleadings and other documents as may be established by law. 4A.

(1)Saving the provisions of regulations 3 and 4, a judicial act or a written pleading may be filed in the registry of the Criminal Courts and Tribunals, Malta, for onward transmission by the registrar of that court to the registrar of the Gozo Courts and Tribunals, Gozo indicated in the judicial act or written pleading.

(2)It shall be sufficient for all purposes of law for a copy of a judicial act or written pleading to be electronically transmitted to the registrar Gozo Courts and Tribunals indicated in the judicial act or written pleading.

(3)The registrar receiving the electronically transmitted copy as aforesaid, shall acknowledge its receipt by return e-mail to the registrar sending the scanned copy of the judicial act or written pleading.

(4)If it is required that an officer effects service of the electronic copy of a judicial act or written pleading as aforesaid, the officer shall deliver to the registrar of the Courts and Tribunals, Gozo, the certificate of service, duly confirmed on oath before the registrar Transfer of judicial acts and written pleadings between Courts in Malta and Courts in Gozo. Added by: L.N. 300 of 2019. 4 [ S.L.9.09 C R I MI NA L P RO C E DU R E ( R E G ULATI O N OF R EG I S T R I E S , A R CH I V E S A ND F U N CT I O N S O F DIR E C TO R G EN E R A L ( C OU R T S ) A ND OTH E R C O UR T E XE C U T I V E O FF I C E R S ) himself who shall transmit it to the registrar, Criminal Courts and Tribunals in Malta indicated in the judicial act or written pleading and vice-versa. Such delivery may also be made by electronic means and the registrar receiving the certificate of service as aforesaid shall acknowledge its receipt by return e-mail to the registrar sending the certificate of service.

(5)The provisions of sub-regulations

(1)to

(4), both inclusive, shall mutatis mutandis apply when a judicial act or a written pleading is filed in the registry of the Gozo Courts and Tribunals for onward transmission to the Criminal Courts and Tribunals in Malta indicated in the judicial act or written pleading.

(6)The date of filing shall be the date when the judicial act or written pleading was first filed in the registry of the Criminal Courts and Tribunals, Malta and not when the judicial act or written pleading was received by the registry of the Gozo Courts and Tribunals and vice-versa. Functions of Registrars. 5.

(1)The Registrar, Criminal Courts and Tribunals and the Registrar, Gozo Courts and Tribunals shall have respectively the direction of the registries mentioned in regulations 3 and 4 and shall execute the duties entrusted to them by law in accordance with the provisions of the law and the directions given to them by the courts and tribunals and shall not act under the direction of any other person or authority.

(2)In performing their administrative functions, the Registrar, Criminal Courts and Tribunals and the Registrar, Gozo Courts and Tribunals shall report to the Director General (Courts). Archives. 6.

(1)There shall be one archive located in Valletta for all acts presented in the Registry of the Courts of Criminal Jurisdiction in Malta, which archive shall be separate from the archive for civil acts and which shall be under the responsibility of the Registrar, Criminal Courts and Tribunals.

(2)There shall be one archive located in Gozo, for all acts presented in the Registry of the Courts of Criminal Jurisdiction in Gozo. Supervisory role of the Chief Justice. Added by: L.N. 47 of

2. Notwithstanding the foregoing provisions of these regulations, the Director General or any person authorised by him under these regulations, in the exercise of his functions thereunder, shall ensure that he does not interfere in any manner in the exercise of judicial functions by the members of the judiciary and, should this be the case, the Chief Justice shall, by written notice under his hand and in terms of this regulation, overrule any such decision of the Director General; and, in doing so, the Chief Justice may give such directions to the Director General or to any delegate thereof which might appear to the Chief Justice to be in the interests of the better administration of justice in the instant case. C R I MI N A L PR O C E DU R E ( R E GU L ATI O N O F RE G I S T R I ES, A R CH I V E S A ND F U NC T I O N S OF D I R E C TO R G EN E R AL ( CO U R T S) AN D OTH E R C O UR T E XE C U T I VE O FF I C E R S ) Schedule (regulation 3A) Courts Court of Magistrates (Malta) as a Court of Criminal Judicature Court of Magistrates (Gozo) as a Court of Criminal Judicature Court of Magistrates (Malta) as a Court of Criminal Inquiry Court of Magistrates (Gozo) as a Court of Criminal Inquiry Judicial Act Applications Replies Notes Notes of submissions Applications Replies Notes Notes of submissions Extensions Applications Inquiries relating to an in genere, an Replies inquest or a repertus conducted by a Notes magistrate of the Court of Magistrates (Malta) or of the Court of Magistrates (Gozo) in accordance with the provisions of Title II of Part II of Book Second of the Criminal Code Criminal Court Applications Replies Note of pleas Notes of submissions Indictments Court of Criminal Appeal (Inferior Jurisdiction) Appeal applications Applications Replies Notes Notes of Submissions Court of Criminal Appeal (Superior Jurisdiction) Appeal applications Applications Replies Notes Notes of Submissions [ S.L.9.09 5 Added by: L.N. 80 of
3. Amended by: L.N. 359 of 2022.