Chapter 284 – Electro-magnetic Recording of Proceedings Act
What is this act about?
This law allows for the recording of court proceedings using electro-magnetic means and sets out rules for how these recordings are to be managed and used.
Who it applies to: Any court of law, Board, arbitration, tribunal, commission or committee of inquiry empowered to receive evidence; The Registrar of the Courts and any secretary of such bodies.
At a glance
- Country
- Malta
- Area of law
- Procedural law
- Articles
- 7
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The electro-magnetic recording of proceedings in various legal settings.
- The transcription of these recordings into written form.
- The custody, safekeeping, and potential erasure of the recordings.
- The provision of copies of the recordings.
Who does this act apply to?
- Any court of law, Board, arbitration, tribunal, commission or committee of inquiry empowered to receive evidence.
- The Registrar of the Courts and any secretary of such bodies.
What are the key points?
- Any court may order its proceedings to be recorded by electro-magnetic means.
- The Registrar must cause recordings to be transcribed, except for trials on a bill of indictment unless ordered by the Criminal Court or Court of Criminal Appeal.
- Transcriptions, which can be handwritten or typewritten, must be signed by the transcriber on every page and include a declaration of faithful transcription.
- The Registrar is responsible for the custody and safekeeping of the tapes.
- Recordings may be erased once final judgment is delivered, the matter is resolved, or a transcription is made, unless the court orders otherwise within seven days of recording.
- Copies of tapes may be provided by the Registrar upon payment of a prescribed fee.
Procedural law
Legal text
Legal text
ELECTRO-MAGNETIC RECORDING OF PROCEEDINGS
CHAPTER 284
ELECTRO-MAGNETIC RECORDING OF PROCEEDINGS ACT To make provision for the recording of proceedings by electro-magnetic means. (9th May, 1980)* Enacted by ACT XVI of 1980, as amended by Act XXIV of 1995.
Art. 1
This Act may be cited as the Electro-Magnetic Recording of Proceedings Act.
Art. 2
In this Act, unless the context otherwise requires "court" means any court of law, Board, arbitration, tribunal, commission or committee of inquiry, empowered by law to receive evidence during proceedings;
Short title.
Interpretation.
Amended by:
XXIV.1995.360. "proceedings" includes evidence, oral pleadings, award, finding, order, decree, decision or sentence and any words said in open court or in camera during the conduct of business of any court; "Registrar" means the Registrar of the Courts and any secretary of any Board, arbitration, tribunal, commission or committee of inquiry; "tapes" means the tapes or other objects on which proceedings have been recorded by any electro-magnetic means and includes also a master tape; "transcriber" means the person charged by the Registrar with the duty of rendering in written form the recordings on the tapes.
Art. 3
Provided that in trials on a bill of indictment the Registrar shall not be bound to cause such transcription to be made except when, and to the extent that, the Criminal Court or the Court of Criminal Appeal has so ordered:
Provided further, that any court may order that only part of the proceedings be transcribed.
Recording and transcription of proceedings.
ELECTRO-MAGNETIC RECORDING OF PROCEEDINGS transcribed the recordings on the tapes.
Substance of proceedings may be recorded.
Art. 4
Custody of tapes.
Art. 5
The Registrar shall be responsible for the custody and safekeeping of the tapes:
Provided that the Minister responsible for justice may appoint any other person to perform the duties aforesaid.
Erasure of tapes.
Art. 6
Where final judgment has been delivered or where the matter in issue has been finally resolved or where a transcription of the recording has been made, the Registrar may direct that the recording be erased:
Provided that the court may, either ex officio or on an application filed, within seven days from the date of the recording, by any of the parties, direct that the recording or any part thereof be not erased until such time as a counter order is given on the application of the Registrar.
Copies of tapes.
Added by:
XXIV.1995.360.
Art. 7
The Registrar may give copies of the originals of the tapes on payment of such fee prescribed as the Minister responsible for justice may by regulations prescribe.