JUDICIAL PROCEEDINGS (USE OF  ENGLISH LANGUAGE)     _g CAP. 189.          1
CHAPTER 189
JUDICIAL PROCEEDINGS 
(USE OF ENGLISH LANGUAGE) ACT
To make provision for the use of the English language in judicial
proceedings in certain cases.
(15th September, 1965) *
Enacted by ACT XXXII of 1965 as amended by Act XI of 1973.
Short title.
English Language) Act.
Proceedings in a 
court of civil 
jurisdiction.
2. In a court of civil jurisdiction - 
( a ) where all the parties are English-speaking persons, the
court shall order that the proceedings be conducted in
the English language;
( b ) where of the parties one or more is or are Maltese-
speaking and one or more is or are English-speaking
and all the Maltese-speaking parties make a
declaration in the records of the court consenting to
the proceedings being conducted in the English
language, or where none of the parties is either a
Maltese-speaking person or an English-speaking
person, the court may order that the proceedings be
conducted in the English language;
( c ) where any one of the parties is an English-speaking
person and none of the parties is a Maltese-speaking
person, the court shall order that the proceedings be
conducted in the English language;
( d ) where a court has ordered proceedings to be conducted
in the English language, that language shall be used in
all subsequent stages of the proceedings, unless the
order is revoked by that court or any other court before
which the proceedings are pending;
( e ) the notes of the evidence of witnesses shall be taken
down in Maltese, except where the evidence is given
in English, in which case such notes shall be taken
down in English:
       Provided that where the notes are taken down in
English in proceedings which are conducted in the
Maltese language or in Maltese in proceedings which
are conducted in the English language, a translation of
such notes into the language in which the proceedings
are being conducted shall be inserted by the registrar
in the record of the proceedings as soon as practicable.
Proceedings in a 
court of criminal 
jurisdiction.
3. In a court of criminal jurisdiction - 
( a ) where all the persons charged are English-speaking,
* See  Government Notice No. 545 of 17th September, 1965.
  2        CAP. 189. _h       JUDICIAL PROCEEDINGS (USE OF  ENGLISH LANGUAGE) 
the court shall order that the proceedings be conducted
in the English language;
( b ) where of two or more persons charged together one or
more is or are Maltese-speaking and one or more is or
are English-speaking and all the Maltese-speaking
persons so charged make a declaration in the records
of the court consenting to the proceedings being
conducted in the English language, or where none of
the parties is either a Maltese-speaking person or an
English-speaking person, the court may order that the
proceedings be conducted in the English language;
( c ) where of two or more persons charged together one or
more is or are English-speaking and none of the others
is Maltese-speaking, the court shall order that the
proceedings be conducted in the English language;
( d ) where a court has ordered proceedings to be conducted
in the English language, that language shall be used in
all subsequent stages of the proceedings, unless the
order is revoked by that court or any other court before
which the proceedings are pending;
( e ) where the evidence of witnesses is to be taken down, it
shall be taken down in Maltese, except where it is
given in English, in which case it shall be taken down
in English:
         Provided that where the evidence is taken down in
English in proceedings which are conducted in the
Maltese language or in Maltese in proceedings which
are conducted in the English language, a translation of
such evidence into the language in which the
proceedings are being conducted shall be inserted by
the registrar in the record of the proceedings as soon as
practicable.
Court decision or 
decree as to 
language.
4. In all cases the decision or decree of the court determining
the language in which proceedings are to be conducted shall be
registered in the language in which it is delivered, together with a
translation into English or Maltese, as the case may be, where any
of the parties within three working days from the date when the
decision or decree has been delivered applies for such a translation
and satisfies the registrar that he does not understand the language
in which such a decision or decree has been delivered but that he
understands the language into which he requests the translation to
be made.
Service of acts. 5. (1) Where any act is to be served on any person whom the
registrar has reason to believe to be English-speaking, the registrar
shall cause a translation thereof to be made into the English
language by an officer of the registry and service shall be effected
by delivering a copy of the original and its translation.
(2) If, for any cause whatsoever, the translation into English of
any such act is not served on an English-speaking person, such
person may make in the registry, or forward to the registrar, in any
JUDICIAL PROCEEDINGS (USE OF  ENGLISH LANGUAGE)     _g CAP. 189.          3
manner, a declaration to the effect that he is an English-speaking
person and apply for an English translation of the act served on
him.
(3) Upon any such application, the registrar shall cause a
translation of the act to be made as aforesaid and delivered to the
applicant as soon as practicable; and, if in any such case the said
application reaches the registry of the court not later than the time
established for the closing thereof on the third working day after
the date of service of the copy of the original act, any legal or
judicial time the running of which is dependent on the service of
the original act shall commence to run from the date of delivery of
the translation.
(4) If it is proved that the said declaration was not made in
good faith, the applicant shall be liable to proceedings for contempt
of court.
(5) A copy in the English language of the provisions of
subsection (1) to (4) inclusive of this section shall be reproduced on
or annexed to every copy of any act which is to be served on any
person.
Other judicial 
proceedings. 
Amended by: 
XI. 1973.377.  
Cap. 234 .
Cap. 12.
6. Subject to the provisions of subsection (4) of section 315
of the Merchant Shipping Act, all judicial proceedings not
specifically provided for in the foregoing sections of this Act shall
be conducted, as regards language, in accordance with the
principles set out in those sections and in any rules made under
section 29 of the Code of Organisation and Civil Procedure.
Maltese-speaking 
persons and 
English-speaking 
persons.
7. For the purposes of this Act -
( a ) a Maltese-speaking person is a person who has a
sufficient knowledge of the Maltese language fully to
understand and follow the proceedings conducted in
that language;
( b ) an English-speaking person is a person who has not a
sufficient knowledge of the Maltese language fully to
understand and follow the proceedings if conducted in
that language but who has a sufficient knowledge of
the English language fully to understand and follow
the proceedings if conducted in that language;
( c ) every person shall be deemed to be Maltese-speaking
unless the court shall be satisfied to the contrary.
