Chapter 11 – Acts of Parliament (Application) (Powers of Court of Magistrates) Ordinance
What is this act about?
This law defines the powers of the Court of Magistrates (Malta) regarding duties assigned to Justices of the Peace by Acts of Parliament in force in Malta and establishes the procedures for applying such Acts.
Who it applies to: The Court of Magistrates (Malta); Individuals charged with offences under Acts of Parliament in force in Malta.
At a glance
- Country
- Malta
- Area of law
- Procedural law
- Articles
- 6
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The competence of the Court of Magistrates (Malta) to perform duties assigned to Justices of the Peace.
- The rules of procedure for applying Acts of Parliament in Malta.
- How the Court of Magistrates (Malta) should handle cases of offences triable summarily under Acts of Parliament.
- The composition and procedure of the Court of Magistrates when exercising these duties.
Who does this act apply to?
- The Court of Magistrates (Malta).
- Individuals charged with offences under Acts of Parliament in force in Malta.
What are the key points?
- The Court of Magistrates (Malta) is given the same powers as Justices of the Peace for duties under Acts of Parliament, including those from the tenth and eleventh years of Queen Victoria's Reign, Chapter 62, and any other relevant Acts.
- The Court of Magistrates (Malta) will hear and decide all cases of offences that Acts of Parliament state are to be tried summarily.
- If an Act of Parliament requires more than one Justice of the Peace, the Court of Magistrates will be composed of more than one magistrate.
- If an Act of Parliament does not specify the procedure, the Court of Magistrates will follow the procedures prescribed by laws in force in Malta, but proceedings that could be carried out by two or more Justices of the Peace or one Stipendiary Magistrate in England may be carried out by one magistrate in Malta.
Procedural law
Legal text
Legal text
ACTS OF PARLIAMENT (APPLICATION)
CHAPTER 11
ACTS OF PARLIAMENT (APPLICATION) (POWERS OF COURT OF MAGISTRATES) ORDINANCE To make provision relating to the competence of the Court of Magistrates (Malta) to perform the duties assigned to Justices of the Peace by Acts of Parliament being in force in Malta and for establishing rules of procedure in the application of such Acts of Parliament. (18th October, 1854) * Enacted by ORDINANCE III of 1854 incorporating also Section 1 of Ordinance I of 1878, as amended by Act VIII of 1990.
Art. 1
This Ordinance may be cited as the Acts of Parliament (Application) (Powers of Court of Magistrates) Ordinance.
Short title.
Art. 2
Court of Magistrates (Malta) vested with powers of Justices of the Peace.
Amended by:
VIII.1990.3.
Offences which according to Acts of Parliament are to be tried summarily.
Art. 3
Composition of court.
Procedure.
Exception. *See Proclamation No IV of 1854.
ACTS OF PARLIAMENT (APPLICATION) Procedure in the case of other offences.
Amended by:
VIII.1990.3.
Art. 4
In the case of offences liable to punishment under the provisions of any Act of Parliament whatsoever being in force in Malta, whensoever such offences are not declared in such Act to be triable by Justices of the Peace or summarily, the parties charged with such offences shall be brought before the Court of Magistrates (Malta), and the said court shall, observing the same mode of procedure prescribed for it, try such parties or commit them for trial by the Criminal Court according as the case requires, in the same manner at the said court tries or commits for trial in cases of offences liable to punishment under any law enacted and in force in Malta.
Jurisdiction of Court of Magistrates.
Amended by:
VIII. 1900.3.
Art. 5
The Court of Magistrates (Malta) shall, for the purposes of this Ordinance, have jurisdiction in Malta.
Procedure to be observed by the Criminal Court in trial of cases referred to it by Court of Magistrates.
Amended by:
VIII. 1990.3.
Art. 6
The Criminal Court shall try and determine, with the procedure prescribed for such court, all cases of offences liable to punishment under the provisions of any Act of Parliament as aforesaid, and referred to it by the Court of Magistrates.