📄 Legal text
[ CAP. 291.
COMMISSIONERS FOR JUSTICE
1
CHAPTER 291
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, 138,
316 of 2002; Act XXXI of 2002; Legal Notices 337 of 2003, 36, 292, 430,
517 of 2004; Act I of 2005; Legal Notices 223, 404 of 2005; Acts XIII of
2005, XVI of 2006; Legal Notices 394, 423 of 2007, 502 of 2010, 490 of
2011; Act I of 2015, and Legal Notices 20 of 2018 and 44,85, 116, 323,
328, 339 of 2020 and 47, 107, 125, 208 of 2021, 33, 81 and 82 of 2022;
and 192 and 212 of 2023. Acts XIV, XXIX of 2019, X, XII, LVII of 2020 and
LXVI of 2021 and XX of 2023 and Legal Notice 169 of 2024 and Act II of
2025.
1.
Act.
2.
The short title of this Act is the Commissioners for Justice
Short title.
In this Act, unless the context otherwise requires -
Interpretation.
Amended by:
VIII. 1990.3;
XII. 1995.2;
XXXI. 2002.214.
"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;
Cap. 354.
"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 the 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 Government 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 Government Act or by
any other authority under any other Act;
(b) to hear witnesses on oath or affirmation and to
Commissioners for
Justice.
Cap. 363.
Amended by:
XXIII. 1981. 2;
XII.1995.3;
XXXI. 2002.215;
I. 2015.14;
II.2025.2.
Cap. 363.
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CAP. 291.]
COMMISSIONERS FOR JUSTICE
examine such evidence as may be produced before
them;
(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
Cap. 9.
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 law as is set out in the Schedule to this Act, but shall
nevertheless be deemed to constitute an offence 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
or any other court of criminal jurisdiction shall not have
jurisdiction to try a scheduled offence:
Provided that the Court of Magistrates or any other court of
criminal jurisdiction shall have jurisdiction to try any scheduled
offence which is charged together with any other offence over
which the said court has jurisdiction.
Cap. 101.
Cap. 31.
(4) Notwithstanding the other provisions of this Act, an offence
against the Dangerous Drugs Ordinance or against the Medical and
Kindred Professions Ordinance which is triable under this Act shall
not cease to be a criminal offence and the courts of criminal
jurisdiction shall retain a concurrent jurisdiction to try that offence
so however that the punishments applicable after the coming into
force of this Act shall not exceed the punishments which would be
applied had the offence been tried before a Commissioner for
Justice under this Act:
Provided that the Courts of criminal jurisdiction shall, by
virtue of this Act, be entitled to apply any penalty which may be
applied by a Commissioner for Justice under this Act in respect of
an offence which according to this Act is to be tried before a
Commissioner for Justice:
Cap. 31.
Cap. 101.
Cap. 9.
Provided further that the period of prescription applicable
i n r e s p e c t o f a n o ff e n c e a g a i n s t t h e M e d i c a l a n d K i n d r e d
Professions Ordinance and the Dangerous Drugs Ordinance triable
under this Act shall, notwithstanding the other provisions of this
Act, be the same applicable in respect of that offence under the said
Ordinances read in conjunction with the provisions of the Criminal
Code on prescription.
(5) An offence referred to in sub-article (4) shall remain
subject to all the powers of the Executive Police in respect thereof
as if it had not been an offence triable by a Commissioner for
COMMISSIONERS FOR JUSTICE
[ CAP. 291.
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Justice under this Act for the purposes of the investigation of the
said offence or of any other offence.
(6) Notwithstanding the provisions of sub-articles (4) and (5)
or of any other law, an offence referred to in sub-article (4) shall
not be taken into account for the purposes of the issue of conduct
certificates under the Conduct Certificates Ordinance but the
Registrar of the Tribunal or any other person as may be designated
by regulations made by the Minister shall keep a register of all
convictions or voluntary payments of penalties in respect of
offences referred to in sub-article (4) and such register shall be
accessible to the Executive Police, to the Registrar, Criminal
Courts and Tribunals, to the Armed Forces of Malta and to any
other public authority, in the exercise of their functions at law, as
the Minister may by regulations designate. Requests for access to
the register shall be submitted in writing to the Registrar of the
Tribunal or other person granting access, as the case may be, who
shall keep a record thereof, including the dates when the request
was received and when access was provided. The Registrar of the
Tribunal or other person granting access, as the case may be, shall
keep such records for three (3) years from the date of such request:
Provided that the public authority requesting access shall have
in place appropriate safeguards for the rights and freedoms of data
subjects in relation in particular to purpose limitation, integrity and
confidentiality, as required pursuant to Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal
data and on the free movement of such data, or pursuant to the Data
Protection (Processing of Personal Data by Competent Authorities
for the Purposes of the Prevention, Investigation, Detection or
Prosecution of Criminal Offences or the Execution of Criminal
Penalties) Regulations.
(7) Prosecution before the Commissioners for Justice for
offences against the Medical and Kindred Professions Ordinance or
against the Dangerous Drugs Ordinance for possession for personal
use of a prohibited drug shall be carried out by the Executive Police
who shall however appear before the Commissioner in plain
clothes.
4. (1) The Commissioners shall be appointed by the Prime
Minister from persons of either sex.
(2) A Commissioner shall be appointed for a term of two years
and shall vacate his office at the expiration of the term of his
appointment.
(3)
Cap. 77.
S.L. 586.08.
Cap. 31.
Cap. 101.
Appointment of
Commissioners.
Amended by:
XVII. 1989.2;
XII.1995.4;
XXI.1999.43;
L.N. 212 of 2023.
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.
(6) The provisions of the Criminal Code regarding the
Cap. 9.
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CAP. 291.]
COMMISSIONERS FOR JUSTICE
a b s t e n t i o n an d c h a l l e n g e o f m a g i st r a t e s s h a l l a p p l y t o t h e
abstention and challenge of a Commissioner.
(7) Where a Commissioner has been objected to or has
abstained from sitting, or is otherwise 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 cases brought before him with
impartiality and equity according to law. The oath shall be taken
before the State Advocate.
(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 time to time prescribe. Such
remuneration may not be altered to the disadvantage of a
Commissioner during his period of office.
Proceedings before
a Commissioner.
Amended by:
I. 1982. 2;
XIII. 1983. 4,5;
XII.1995.5;
XXXI. 2002.216.
5. (1) The Executive Police, local council or other authority, as
the case may be, shall have the duty to collect evidence and to charge
offenders before a Commissioner in respect of any scheduled offence
over which a Commissioner, in accordance with the provisions of this
Act, may exercise his functions.
(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,
COMMISSIONERS FOR JUSTICE
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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:
P r o v i d e d t h a t t h e p e r s o n c h a rg e d s h a l l b e a ff o r d e d a
reasonable time within which to prepare for his defence:
Provided that any addition or substitution may only be
effected before the prosecution closes its case.
6. (1) The Minister responsible for justice may make
regulations to regulate the methods of service of judicial acts under
this Act.
(2) Until such regulations are made, the provisions of the Code of
Organization and Civil Procedure and of any regulations made
thereunder shall apply to service of judicial acts under this Act.
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 admitted the charge and,
notwithstanding anything contained in the 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 Commissioner send to the Registry of the
Commissioners representations in writing and, or a declaration on
the facts of the case confirmed 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.
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
a p p e a r i n g b e f o r e t h e C o m m i s s i o n e r, a p p o i n t i n w r i t i n g a
representative who shall for all intents and purposes of law be
deemed to have the same rights and obligations as a person charged
before the Commissioner.
9.
The Minister responsible for justice may by regulation
designate the registrar and registry of each Local Tribunal and the
functions thereof and by the same regulations may also designate such
other officers as may be necessary for the operation of the Local
Tribunal.
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.
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.
Functions.
Amended by:
VIII. 1990.3;
XII. 1995.9.
Substituted by:
XXXI. 2002.220.
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CAP. 291.]
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;
I. 2015.15.
COMMISSIONERS FOR JUSTICE
10. (1) Where a Commissioner decides that the person
charged has not committed the scheduled offence specified in the
charge, the person to whom such decision applies shall not, in
respect of such offence, be subject to any further proceedings
before a Commissioner or before any court.
(2) Where a Commissioner decides that the person charged has
committed the scheduled offence specified in the charge, a
Commissioner shall declare such person guilty of an infringement
and shall order such person to pay a penalty in an amount not
exceeding the maximum of the fine (multa or ammenda) prescribed
by law for the offence and where such law provides for the
sequestration of any object used in the commission of the offence,
or for the revocation or suspension of any licence the
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
charge, he shall order that where the person charged does not pay
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
some other authority in terms of any act, that Local Council or
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
authority, including a local council, has incurred expenses to
remedy the consequences of the said offence, the Commissioner
m ay also order the paym ent to such authority of a sum not
exceeding two thousand and three hundred and twenty-nine euro
and thirty-seven cents (2,329.37) that may be proved to 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 Commissioner, and such amount shall be
recoverable by such authorities as a civil debt, liquidated and
certain.
COMMISSIONERS FOR JUSTICE
[ CAP. 291.
(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 Government 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 may be. The order referred to in 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.
7
Cap. 363.
Cap. 12.
(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.
(7) A person who fails to pay a penalty imposed upon him
under this Act, whether by the Commissioner or by a Court, for an
offence against the Medical and Kindred Professions Ordinance or
the Dangerous Drugs Ordinance may, upon the demand of the
Registrar of the Tribunal or of the Registrar of Criminal Courts, as
the case may be, be brought before the Tribunal or before the Court
for the purpose of a determination being made as to whether the
cause of the failure to pay is drug dependence and in the case that
the Commissioner or the Court are of the opinion that on the basis
of probabilities the person found guilty has failed to pay the penalty
due to a problem of drug dependence they shall be entitled to order
that the said person be referred to the Drug Offenders
Rehabilitation Board established under article 6 of the Drug
Dependence (Treatment not Imprisonment) Act, and the powers
and functions of that Board shall mutatis mutandis apply to that
person without prejudice to the other provisions of this Act.
11. (1) Any person who feels himself aggrieved by the
decision of a Commissioner may, within thirty days from the day
on which such decision is given, apply to the Court of Magistrates
to have the judgment of a Commissioner revoked or varied, and the
court aforesaid shall thereupon become vested with jurisdiction to
decide upon the merits of the application.
(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:
Cap. 31.
Cap. 101.
Cap. 537.
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.
Provided that the decision on the merits of the application to
the Court of Magistrates shall not be subject to appeal before any
other court.
(3) The Court of Magistrates may, if it considers the
application frivolous or vexatious, order the appellant to pay a
penalty not exceeding one hundred and sixteen euro and fortyseven 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
decision of the Commissioner, including an order made under
subarticle (3).
11A. (1) Any person who has been found guilty of an
infringement under article 10 may apply to the Court of Magistrates
Re-Trial.
Added by:
XIII. 2005.28.
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CAP. 291.]
COMMISSIONERS FOR JUSTICE
for a re-trial of his case on the ground that he was never duly served
with the charge according to law.
(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.
12. (1) Action before a Commissioner shall be subject to the
same rules of prescription which may from time to time be
applicable to the criminal action taken in respect of an offence
mentioned in the Schedule:
Provided that the period of prescription with respect to actions
before a Commissioner 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;
I. 2015.16;
XII.2020.5.
13.
(1) The Minister may make regulations:
(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:
Provided further that nothing in this paragraph shall be
interpreted as preventing Parliament from amending
the Schedule by means of an Act of Parliament to
include therein offences which are liable to
punishments which are higher than 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;
(f)
for establishing the procedures to be followed in the
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
COMMISSIONERS FOR JUSTICE
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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 amendment to the Schedule 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:
Provided that the provisions of this sub-article shall not apply
in respect of any regulations and orders issued by the Superintendent
of Public Health in terms of the Public Health Act and to any
amendment to the Schedule made in pursuance to an order issued by
the Superintendent of Public Health in terms of the Public Health Act.
14. (1) Notwithstanding any other law providing for the trial
and punishment of offences, where any person commits an offence
which under this or any other law has been declared a scheduled
offence, the following provisions of this article shall apply.
(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
any such offence has been committed may hand over to the
offender a notice containing a general description of the offence,
the penalty to be paid, the place where he may pay such penalty, the
p e r i o d w i t h i n w h i c h h e m a y e ff e c t s u c h p a y m e n t a n d t h e
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 served in
terms of article 6.
(2A) Notwithstanding the provisions of sub-article (2), where
any notice is handed over or is affixed as is provided in sub-article
(2) and the first proviso thereto, such notice may, instead of the
information mentioned under sub-article (2), contain information as
to how that information may be accessed and viewed through
electronic means and the period within which such information
may be so accessed and viewed:
Cap. 249.
Cap. 465.
Cap. 465.
Special procedure
in certain cases.
Added by:
XII.1995.13.
Amended by:
XXI. 1999.43;
XXXI. 2002.225;
L.N. 423 of 2007.
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CAP. 291.]
COMMISSIONERS FOR JUSTICE
Provided that where the information is not accessed and
viewed within the period indicated in such notice, a notice containing
the information mentioned under sub-article (2) shall be sent by mail
or by any other means as provided by law.
(3) Where any notice has been handed over or is affixed as is
provided in sub-article (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.
(4)
(a) Where any penalty imposed under subarticle (3) is not
paid within the aforementioned period, ordinary
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 the contents thereof unless the defendant proves
otherwise.
(7)
(a) Where the evidence to be given by any person refers to
the registration of motor vehicles, boats or other
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, videofilm or other visual means, such evidence 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-observance of any formalities or
procedures if there has been substantial compliance with 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
brought before him on the first day of hearing and shall only
exceptionally accept a request for postponement of the hearing.
COMMISSIONERS FOR JUSTICE
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CAP. 291.]
COMMISSIONERS FOR JUSTICE
SCHEDULE
(Article 2)
Amended by:
I. 1985.2;
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.
Substituted by:
L.N. 502 of 2010;
L.N. 490 of 2011.
Amended by:
I. 2015.17;
L.N. 20 of 2018;
XIV.2019.73;
L.N. 44 of 2020;
L.N. 85 of 2020;
X.2020.5;
L.N. 116 of 2020;
L.N. 323 of 2020;
L.N. 328 of 2020;
L.N. 339 of 2020;
L.N. 47 of 2021;
XXIX.2019.71;
L.N. 107 of 2021;
L.N. 125 of 2021;
LXVI.2021.27;
L.N. 33 of 2022;
L.N. 81 of 2022;
L.N. 82 of 2022;
XX.2023.2;
L.N. 192 of 2023;
L.N. 169 of 2024.
Offences, which become infringements and may be tried by the Commissioners,
against the following:
Cap. or S.L.
number
Particular provisions, if any, or
description of offence
Criminal Code
9
Criminal Code
9
338 (a), (b), (c), (d), (i), (j), (l), (m), (n), (p),
(q), (r), (s), (t), (u), (v), (w), (x), (y), (aa),
(cc), (dd), (ff), (gg), (hh), (ii), (jj), (kk) and
(mm)
339(1) (a), (b), (c), (d), (f), (i), (k), (l) and
(m).
Legislation
Criminal Code
Medical and Kindred Professions
Ordinance
9
Cap. 31
340 (a) and (b).
Simple possession of a prohibited drug for
personal use in an amount not exceeding two
grams irrespective of purity or of not more
than two ‘ecstasy’ pills or two other
prohibited pills and simple possession for
personal use of the plant ‘khat’.
COMMISSIONERS FOR JUSTICE
[ CAP. 291.
13
Cap. or S.L.
number
Cap. 65
Particular provisions, if any, or
description of offence
Articles 3, 30, 34(1) and 46; and the Second
Schedule in respect of parking or waiting or
stopping at prohibited place.
Traffic Signs and Carriageway
Markings Regulations
Motor Tractors Regulations
Motor Vehicles Regulations
S.L. 65.05
Regulation 2.
S.L. 65.08
S.L. 65.11
Regulation 3.
Regulations 59, 61, 65, 67 to 103, 105 to
110A, 114 to 118, 123 to 127 and 130.
Motor Vehicles (Wearing of Seat
Belts) Regulations
Clamping and Removal of Motor
Vehicles and Encumbering
Objects Regulations
Motor Vehicles (Driving
Licences) Regulations
Motor Vehicles (Carriage of
Goods by Road) Regulations
Motor Vehicles (Weights,
Dimensions and Equipment)
Regulations
Pedal and Low-Powered Cycles
Regulations
Mdina (Restriction of Access and
Transit of Vehicles) Regulations
L i g h t P a s s e n g e r Tr a n s p o r t
S e r v i c e s a n d Ve h i c l e H i r e
Services Regulations
Dangerous Drugs Ordinance
S.L. 65.12
Legislation
Traffic Regulation Ordinance
Motor Vehicles Insurance (ThirdParty Risks) Ordinance
Litter Act
Control of Dogs Regulations
Tobacco (Smoking Control) Act
Smoking in Public Places
Regulations
Smoking Control in Private
Vehicles
Regulations
Education Act
Controlled Parking Schemes
(Residents and Commercial)
Regulations
Registration and Licensing of
Motor Vehicles Regulations
S.L. 65.13
Regulation 11.
S.L. 65.18
Regulations 3, 4, 27, 56, 57, 58, 69, 76.
S.L. 65.19
Regulations 5, 68, 69, 72.
S.L. 65.21
Regulations 8, 11.
S.L. 65.26
Regulations 4(1), 5(1), 6, 7, 9 to 11, 13, 14,
17(6), 19, 21 to 24, 26.
Regulation 2.
S.L. 65.27
S.L. 65.33
Regulations 15, 17, 19 to 27, 28(2), 30, 32
to 35, 52 and 54
Cap. 101
Simple possession for personal use of a
prohibited drug in an amount not exceeding
two grams of any drug other than cannabis or
more than seven grams but not more than
twenty-eight grams of the drug cannabis
irrespective of the purity.
Article 8(1).
Cap. 104
Cap. 206
S.L. 312.01
Cap. 315
S.L. 315.04
Articles 3, 4, 5, 8.
Article 14.
S.L. 315.11
Cap. 605
S.L. 363.80
Article 59(1) (a) and (b).
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).
14
CAP. 291.]
Legislation
Licensed Accommodation
Regulations
Activities requiring Permit by
Local Councils Regulations
Trenching Works requiring
Permit by Local Council
Regulations
Management of Bathing Water
Quality Regulations
Enforcement of Directions
relating to Quarantine
Regulations
Enforcement of the Order relating
to Closure of Places Open to the
Public Regulations
Enforcement of the Order relating
to the Closure of Non-Essential
Retail Outlets and Outlets
Providing Non-Essential Services
Regulations
Enforcement of the Order relating
to Self-Isolation of Diagnosed
Persons Regulations
Enforcement of the Order relating
to the Suspension of Organised
Events Regulations
Enforcement of the Order relating
to the Number of Persons in
Public Spaces Regulations
Organised Public Mass Events
Regulations
Mandatory Use of Medical or
Cloth Masks Regulations
Closure of Certain Places of
Entertainment Regulations
Number of Persons in Public
Spaces Regulations
Closure of Food and Drink
Outlets Regulations
Contact Sports Regulations
Organised Mass Events
Regulations
Essential Travel between Malta
and Gozo Order
Closure of Places Open to the
Public Order
Closure of Non-Essential Retail
Outlets and Outlets Providing
Non-essential Services Order
COMMISSIONERS FOR JUSTICE
Cap. or S.L.
number
S.L. 409.21
Particular provisions, if any, or
description of offence
S.L. 441.04
S.L. 441.05
S.L. 465.09
S.L. 465.12.
S.L. 465.24
S.L. 465.28
S.L. 465.29
S.L. 465.31
S.L. 465.35
S.L.465.47
S.L.465.48
S.L.465.50
S.L.465.51
S.L.465.54
S.L.465.55
S.L.465.57
S.L.465.58
S.L.465.59
S.L.465.60
Regulations 19(1) and (2).
[ CAP. 291.
COMMISSIONERS FOR JUSTICE
Legislation
Enforcement of the order relating
to Closure of Non-Essential
Retail Outlets and Outlets
Providing Non-Essential Services
Regulations
Enforcement of the Order relating
to Closure of Places Open to the
Public Regulations
Regulations on Sport Activities
Hygiene of Food Regulations
Placing of Billboards and
Advertising on the Road
Regulations
Valletta Pedestrian Zones
Regulations
New Roads and Road Works
Regulations
Taxi Services Regulations
L i g h t P a s s e n g e r Tr a n s p o r t
S e r v i c e s a n d Ve h i c l e H i r e
Services Regulations
Environmental Management
Construction Site Regulations
Drug Dependence (Treatment not
Imprisonment) Act
Abandonment, Dumping and
Disposal of Waste in Streets and
Public Places or Areas
Regulations
Micromobility Regulations
Valid Certificate of Recognised
Vaccination against COVID-19
Requirement Regulations
Responsible Use of Cannabis
(Licensing of Organisations)
Regulations
Cat Feeders Regulations
Cap. or S.L.
number
S.L.465.61
15
Particular provisions, if any, or
description of offence
S.L.465.63
S.L. 465.66
S.L. 449.31
S.L. 499.32
Paragraph 2 of Part VIII of the Schedule.
Regulations 4, 8, 9, 10, 12.
S.L. 499.54
Regulation 9.
S.L. 499.57
Regulations 28, 29, 43 to 46.
S.L. 499.59
Regulations 16(2), 21(1), 27, 29(6), 49, 50,
53, 55, 57 and 65(3), (4), (5) and (6).
S.L. 499.68
Regulations 15, 17, 19 to 27, 28(2), 30, 32
to 35, 52 and 54
S.L. 504.83
Cap. 537
Articles 4, 4A, 7A.
S.L. 549.40
Regulations 4, 5 and 8.
S.L. 65.32
Regulations 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 20, 21, 22, 23, 28.
Regulation 2
S.L. 465.69
S.L. 628.01
The provisions in the Second Schedule
S.L. 439.27
Regulation 9
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.