ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 1
SUBSIDIARY LEGISLATION 220.05
ARMED FORCES OF MALTA SUMMARY 
JURISDICTION REGULATIONS
16th October, 1970
LEGAL NOTICE 98 of 1970, as amended by Legal Notices 104 of 1970,
38 of 1973 and 40 of 1975.
Title .
Amended by:
L.N. 38 of 1973.
1. The title of these Regulations is Armed Forces of Malta
Summary Jurisdiction Regulations.
Definitions.
"detachment" means part of a unit which is so separated from the
unit to which it belongs that the commanding officer of that unit
cannot effectively exercise his disciplinary powers as commanding
officer over it;
"subordinate commander", except where otherwise expressly
provided, means the officer commanding a squadron, battery,
company or equivalent sub-unit, or any officer appointed to be a
subordinate commander by the commander;
"unit", except where otherwise expressly provided, means either
any independent portion of a corps which is not higher in the corps
organisation than a battalion or its equivalent or any equivalent
body of troops;
Cap. 220.
and other expressions have the same meanings as they have in the
Act.
Appointment of 
commanding 
officers and 
subordinate 
commanders.
3. Any appointment of an officer to be a commanding officer
or a subordinate commander -
( a ) may be made subject to restrictions, reservations,
exceptions or conditions;
( b ) may designate the officer by name, by reference to any
appointment or office held by him, or by reference to a
class of officers of which the officer appointed is a
member, and shall, unless otherwise specified, extend
to any officer for the time being performing the duties
of the officer so named, or holding, or acting in the
place of the holder of, that appointment or office, or
acting in the place of a member of that class;
( c ) may be made in relation to a particular person or to
any class or group of persons, or for a particular case
or for a class of cases;
( d ) may be varied or revoked, either wholly or in part, by
the authority by whom it was made, by his successors
or by any authority superior in command.
2 [ S.L.220.05 ARMED FORCES OF MALTA SUMMARY JURISDICTION
General definition 
of commanding 
officer.
4. Except where otherwise expressly provided in these
regulations, the commanding officer of a person subject to military
law who is charged with an offence is either -
( a ) the officer who has been appointed by higher authority
to be commanding officer while able effectively to
exercise his powers as such; or
( b ) where no appointment has been made as aforesaid the
officer who is, for the time being, in immediate
command of the unit to which the accused belongs or
is attached or any detachment with which the accused
is for the time being serving and who is directly
responsible in disciplinary matters to an officer
empowered to convene a district court martial to try a
soldier belonging to or attached to that unit or who is
serving with that detachment, as the case may be.
Commanding 
officer of a unit or 
detachment placed 
under command of 
another 
commanding 
officer.
5. Where a unit or detachment is placed for disciplinary
purposes under command of the commanding officer of another
unit or detachment, that officer is the commanding officer of a
member of the unit or detachment so placed under his command
who is charged with an offence, and the officer commanding of the
latter unit or detachment is a subordinate commander for the
purposes of these regulations.
Delegation of 
powers by 
commanding 
officer.
6. (1) Subject to regulation 14, an officer who is a
commanding officer within the meaning of regulation 4 or 5 may
delegate to a subordinate commander whatever his rank may be,
who is under his command and directly responsible to him in
disciplinary matters, the power to investigate and deal summarily
with charges with which he himself may so deal under regulation 9:
Provided that such delegation shall not include:
( a ) the power to remand the accused for trial by
court-martial; and
( b ) the power to order the taking of a summary of
evidence or the making of an abstract of evidence. 
(2) When a commanding officer delegates the power to
investigate and deal summarily with charges in accordance with
sub-regulation (1) he may, in addition to the restrictions imposed
by regulation 14, impose such further restrictions as seem to be
proper upon the exercise of that power by the officer to whom it is
delegated.
(3) When a subordinate commander is dealing with a charge
against a non-commissioned officer or a soldier and the accused
elects to be tried by court-martial in accordance with article 84(6)
of the Act, the subordinate commander shall not deal further with
the charge himself, but shall order that the accused shall be brought
before the commanding officer who delegated to him the power to
investigate the charge.
ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 3
Status of an officer 
to whom the 
commanding 
officer has 
delegated powers.
7. An officer who has had delegated to him by his
commanding officer in accordance with regulation 6(1) power to
investigate and deal summarily with charges is, while exercising
such power in respect of any person, the commanding officer of
that person for the purposes of the Act.
Commanding 
officer of a 
civilian.
8. The commanding officer of a civilian who is charged with
an offence and to whom Parts III and IV of the Act apply by virtue
of article 179 thereof is such officer, not below the rank of
lieutenant-colonel as may be appointed for the purpose by the
officer, not below the rank of colonel, commanding the body of
troops with which, or the command or other area, garrison or place
in which, the civilian is for the time being.
Charges with 
which a 
commanding 
officer may deal 
summarily.
Amended by:
L.N.14 of 1970.
9. A commanding officer may deal summarily with a charge
under any of the following articles of the Act: 38(3); 42; 43( c ); 46;
47(2); 48; 49; 51; 52; 53; 54; 55(1)( a ); 56; 57(1)( c ), ( d ), ( e ), ( f );
58( c ); 59; 60; 61(2); 62; 63; 66; 67( a ), ( b ); 70( b ); 73 (where the
principal offence can be dealt with summarily by virtue of this
regulation) 74 and 75 (where the civil offence is one which is
specified in the Schedule to these Regulations).
Restrictions on 
powers of 
punishment of 
commanding 
officers.
10. (1) Subject to sub-regulation (2) a commanding officer
shall not award -
( a ) the punishment of detention where the charge is laid
under article 75 of the Act and the civil offence is one
referred to in paragraph 2 of the Schedule;
( b ) the punishment of stoppages exceeding twenty-five liri
without permission from higher authority.
(2) The restriction imposed by sub-regulation (1)( a ) shall not
apply if the accused has previously been found guilty of such an
offence or has previously been convicted of the corresponding civil
offence.
Limitation of 
punishment after 
reduction in rank.
11. (1) After an acting warrant officer or an acting
non-commissioned officer has been ordered by his commanding
officer to revert to his permanent rank or to assume an acting rank
either in accordance with article 84(5) of the Act or with
regulations made under article 4 of the Act, his commanding officer
shall not without permission of higher authority award him any
punishment in respect of an offence which he had committed before
he was ordered so to revert or, as the case may be, to assume a
lower acting rank.
(2) After a lance-corporal or lance-bombardier has been
ordered by his commanding officer to be reduced to the ranks either
in accordance with article 84(4) or (5) of the Act or with
regulations made under article 4 of the Act, his commanding officer
shall not without permission of higher authority award him any
punishment in respect of an offence which he had committed before
he was ordered so to be reduced.
4 [ S.L.220.05 ARMED FORCES OF MALTA SUMMARY JURISDICTION
Limitation of 
powers of 
commanding 
officers below field 
rank.
12. (1) Subject to sub-regulation (2), a commanding officer
who is below field rank shall not award detention for a period
exceeding seven days.
(2) A commanding officer who is a captain may award
detention -
( a ) for periods up to but not exceeding twenty-eight days
if he has been authorised to do so by the Commander;
( b ) for periods up to but not exceeding fourteen days if he
has been authorised to do so by an officer in command
not below the rank of colonel under whose command
he is.
Limitation of 
powers of 
detachment 
commanders below 
field rank.
13. (1) When the officer commanding a detachment is below
field rank, he may be restricted from exercising all or any of his
powers as a commanding officer either by the officer commanding
the unit to which the detachment belongs, if such unit is in the same
command, or by higher authority, if it appears necessary to do so,
having regard to the rank and experience of the officer
commanding the detachment.
(2) Where an officer commanding a detachment has had his
powers restricted in accordance with sub-regulation (1), he may,
notwithstanding such restrictions, exercise his full powers as
commanding officer if it becomes necessary for him to do so for the
maintenance of discipline, but if he does so exercise his full powers
he shall immediately report his action to the officer or higher
authority who restricted him from exercising that authority.
Powers of 
subordinate 
commanders.
Amended by:
L.N. 40 of 1975.
14. (1) A subordinate officer to whom a power to investigate
and deal summarily with charges has been delegated under
regulation 6(1) shall not award a punishment against a non-
commissioned officer above the rank of corporal.
(2) Subject to sub-regulation (1) and to any restriction which
may be imposed by the commanding officer under regulation 6(2),
a subordinate commander may award one or more of the following
punishments:
( a ) a fine not exceding the aggregate of seven days’ pay;
( b ) in the case of a non-commissioned officer, reprimand;
( c ) where the offence has occasioned any expense,
stoppages not exceeding five liri;
( d ) any minor punishment for the time being authorised by
or under the Act.
Appropriate 
superior 
authorities.
15. In addition to the persons who may act as additional
superior authority under article 88(2) of the Act, an officer having
the power to convene general courts-martial may act as appropriate
superior authority in relation to a person subject to military law
charged with an offence.
ARMED FORCES OF MALTA SUMMARY JURISDICTION [ S.L.220.05 5
Charges with 
which an 
appropriate 
superior authority 
may deal 
summarily.
Amended by:
L.N. 104 of 1970.
16. An appropriate superior authority may deal summarily with
a charge against an officer or warrant officer under any of the
following articles of the Act: 38(3); 42; 43( c ); 46; 47(2); 48; 49;
51; 52; 53; 54; 55(1)( a ); 56; 57(1)( c ), ( d ), ( e ), ( f ); 58( c ); 59; 60;
61(2); 62; 63; 66; 67( a ), ( b ); 70; 73 (where the principal offence
can be dealt with summarily by virtue of this regulation); 74 and 75
(where the civil offence is one which is specified in the Schedule to
these Regulations).
Appropriate 
superior authorities 
in the case of 
civilians.
Amended by:
L.N. 104 of 1970.
17. (1) Subject to sub-regulations (2) and (3), any officer who
is authorised by article 88(2) of the Act or by regulation 15 to act as
appropriate superior authority in relation to an officer or warrant
officer may act as appropriate superior authority in relation to a
civilian who is charged with an offence and who is subject to Parts
III and IV of the Act under article 179(1) or (2) thereof.
(2) In the case of a civilian who is subject to Parts III and IV of
the Act under article 179(1) thereof, an appropriate superior
authority may deal summarily with a charge under any of the
following articles of the Act: 38(3); 42; 43( c ); 46; 47(2); 48; 49;
51; 52; 53; 54; 55(1)( a ); 56; 57(1)( c ), ( d ), ( e ), ( f ); 58( c ); 59; 60;
61(2); 62; 63; 67( a ), ( b ); 73 (where the principal offence can be
dealt with summarily by virtue of this sub-regulation); 74 and 75
(where the civil offence is one which is specified in the Schedule to
these Regulations).
(3) In the case of a civilian who is subject to Parts III and IV of
the Act under article 179(2) thereof, an appropriate superior
authority may deal summarily with a charge under any of the
following articles of the Act: 42(3); 48; 49; 62; 63; 73 (where the
principal offence can be dealt with summarily by virtue of this sub-
regulation); and 75 (where the civil offence is one which is
specified in the Schedule to these Regulations).
SCHEDULE
(Regulations 9, 10, 16 and 17)
Table of civil offences which may be dealt with summarily by 
commanding officers and appropriate superior authorities
1. Contravention against the person.
2. Careless or reckless or dangerous driving of any kind of
vehicle.
3. Taking any kind of vehicle without having the consent of
the owner or other lawful authority or, knowing that a vehicle has
been so taken, driving it or allowing himself to be carried in it or on
it, or attempting to commit any of these offences.
4. Wilful damage to property where the amount of damage
does not exceed twenty-five liri.
