  COMMISSIONERS FOR JUSTICE gCAP. 291.       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, and 138
and 316 of 2002; Act XXXI of 2002; and Legal Notices 337 of 2003 and 36
of 2004.
Short title.
Interpretation. 
Amended by: 
VIII. 1990.3; 
XII.1995.2;
XXXI. 2002.214.
2. In this Act, unless the context otherwise requires -
"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;
Cap. 354.
"Electoral Register" shall have the same meaning as is assigned
to it by the General Elections Act;
"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.
Commissioners for 
Justice. 
Amended by: 
XXIII. 1981. 2; 
XII.1995.3;
XXXI. 2002.215.
Cap. 363.
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 Councils 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 Councils Act or by any
other authority under any other Act; 
(b) to hear witnesses on oath or affirmation and to
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
 2      CAP. 291.h            COMMISSIONERS FOR JUSTICE
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
shall not have jurisdiction to try a scheduled offence: 
Provided that the Court of Magistrates shall have jurisdiction
to try any scheduled offence which is charged together with any
other offence over which the said court has jurisdiction.
Appointment of 
Commissioners. 
Amended by: 
XVII. 1989.2; 
XII.1995.4;
XXI.1999.43.
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) 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. 
Cap. 9. (6) The provisions of the Criminal Code regarding the
abstention and challenge of magistrates shall apply to the
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 Attorney General.
(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.
  COMMISSIONERS FOR JUSTICE gCAP. 291.       3
(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,
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:
Provided that the person charged shall be afforded 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.
Service of judicial 
acts. 
Added by: 
I. 1982. 3. 
Amended by: 
XII.1995.6;
XXI.1999.43.
Substituted by:
XXXI. 2002.217.
Cap. 12.
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.
 4      CAP. 291.h            COMMISSIONERS FOR JUSTICE
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.
Cap. 9.
7. Saving the provisions of article 5(4), if a person duly
served with a summons fails to personally appear 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.
Provisions of the 
Criminal Code 
applicable to 
proceedings before 
a Commissioner.
Amended by: 
XXIII. 1981.3; 
VIII. 1990.3; 
XII.1995.8;
XXXI. 2002.219. 
Cap. 9.
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.
Registry of the 
Commissioners. 
Amended by: 
VIII. 1990.3; 
XII.1995.9.
9. The Registry of the Courts of Magistrates shall be the
Registry of the Commissioners and the records of the
Commissioners shall be deposited therein.
Decisions of the 
Commissioners. 
Amended by: 
XXIII. 1981. 4; 
XIII. 1983. 5; 
XVII. 1989.3; 
XII.1995.10;
XXI.1999.43;
XXXI. 2002.221.
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 the Commissioner shall, if he considers that the
person’s defence is frivolous or vexatious, or if the person fails to
appear before him and in terms of article 7 such person is deemed to
have admitted the charge, or if such person appears before him only to
admit the offence, order that person to pay in addition to the penalty
another penalty not exceeding the maximum of the same penalty
awarded or fifty liri whichever is less and not being less than the
minimum penalty of ten liri established by the next following proviso
of this article:
Provided further that where no minimum fine is indicated, or
where a minimum fine or a maximum fine are prescribed by law as
being less than five liri, such minimum or maximum penalty for the
purposes of this Act shall be of ten liri.
(3) Where a Commissioner has made an order for the payment of
such penalty, the Registrar of the Tribunal or other person designated
  COMMISSIONERS FOR JUSTICE gCAP. 291.       5
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
may also order the payment to such authority of a sum not
exceeding one thousand liri 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.
Cap. 363.
Cap. 12.
(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 Councils 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.
(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.
Applications to 
Court of 
Magistrates. 
Amended by: 
XIII. 1983.4, 5; 
XVII. 1989.4; VIII.l990.3; 
XII.1995.11. 
11. (1) Any person who feels himself aggrieved by the
decision of a Commissioner may, within six working 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.
Cap. 9.
(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:
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 fifty liri.
 (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).
 6      CAP. 291.h            COMMISSIONERS FOR JUSTICE
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.
13. 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;
(c) for establishing any fees that may be payable in terms
of this Act;
(d) for establishing any form to be used in terms of this
Act;
(e) for establishing the procedures to be followed in the
Registry of Local Tribunals;
(f) for establishing and determining the functions of the
Registrar and other officials of the Local Tribunal;
(g) to provide for rules of service of judicial acts in terms
of this Act;
(h) 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..
Cap. 249.
(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.
Special procedure 
in certain cases. 
Added by: 
XII.1995.13.
Amended by:
XXI.1999.43;
XXXI. 2002.225.
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
  COMMISSIONERS FOR JUSTICE gCAP. 291.       7
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
period within which he may effect such payment and the
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.
(3) Where any notice has been handed over or is affixed as is
provided in subarticle (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 ten liri, 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, video-
film or other visual means, such evidence shall be
authenticated by the person who is the author of such
 8      CAP. 291.h            COMMISSIONERS FOR JUSTICE
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.
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.
SCHEDULE 
garticle 2h
Offences, which become infringements and may be tried by
the Commissioners, against the following:
1. Traffic Regulation Ordinance (Cap. 65) 
Article 3, the Second Schedule in respect of Parking or waiting or
stopping at prohibited place.
2.  Motor Vehicles Regulations, 1994
Regulations 17, 18, 21, 24, 25, 28 to 38, 41 to 44, 47, 55, 59 to 61,
65, 67 to 103, 105 to 110, 112, 114 to 118, 123, 125, 126, 128 to
131, 139(1), 139(2), 139(3), 144, 146, 147, 149 to 151, 154, 156,
158, 162, 163, 170, 176, 178, 195, 197, 228, 229, 235, 237 and 242.
3. Code of Police Laws (Cap.10.) 
Articles 38 (1) (a), (b), (c), (d), (i), (j), (k), 40 (b), 49, 51 to 60, 73,
77, 82, 86, 87, 89.
4. Food Safety Act, (Cap. 449) 
Paragraph 2 of Part VIII of the Schedule to the Hygiene of Food
Regulations
*5. Traffic Signs and Carriageway Markings Regulations,
1969.
 Regulation 2
6. Litter Act (Cap.206.)
Articles 3, 4, 5, 8.
†7. Education Act (Cap327.)
Article 44 (1) (b) 
8. Motor Vehicles Insurance (Third-Party Risks) Ordinance
(Cap.104.)
Article 8 (1).
9. Tobacco (Smoking Control) Act (Cap.315.) 
Article 14.
10. Motor Vehicles (Wearing of Seat Belts) Regulations, 2003
(Legal Notice 252 of 2003).
*See article 3 of Act I of 1985. (Trans. Prov.)
†See article 6 of Act XVII of 1989. (Trans Prov.)
  COMMISSIONERS FOR JUSTICE gCAP. 291.       9
11. Control of Dogs Regulations, 2000
(Legal Notice 242 of 2000).
12. Controlled Parking Schemes (Residents and Commercial)
Regulations, 2001 (Legal Notice 295 of 2001).
13. Activities requiring Permit by Local Councils Regulations,
2002 (Legal Notice 119 of 2002).
14. Trenching Works requiring Permit by Local Councils
Regulations, 2002 (Legal Notice 313 of 2002).
