Ministry for Justice and Home Affairs

The Law Courts' mission is "to provide both the public and the judiciary effective and efficient services, structures and know-how to enable the public to understand, follow and be informed of the judicial processes in which they may be involved and to provide the judiciary with the necessary staff, tools and services in order that they may dispense justice properly and efficiently."

The Administration of the Courts of Justice is the responsibility of the Director General, but the legal responsibility for the implementation of judicial orders is placed on the Registrar of Courts. There is, consequently, a clear divide between administrative and legal roles.

The Registrar of the Courts is responsible for the registries and the officers attached to them, the filing and service of judicial acts, execution of executive titles, such as judgements, and warrants through Court appointed marshals, judicial sales by auction, trials by jury and other criminal court procedures.

The Courts of Justice cater for all civil and criminal proceedings. There are also ten Local Tribunals in Malta and Gozo which deal with depenalised offences.

The Maltese Courts include:

The Constitutional Court
The Court of Appeal
The Court of Criminal Appeal
The Criminal Court
The Civil Court
The Magistrates' Court
The Gozo Courts
The Small Claims Tribunal
Local Tribunals
The Juvenile Court

THE CONSTITUTIONAL COURT

The jurisdiction of the Constitutional Court, composed of three judges. It is appellate in cases involving alleged violations of human rights, the interpretation of the Constitution and invalidity of laws. It has original jurisdiction to decide questions as to membership of the House of Representatives and any reference made to it relating to voting for election of members of the House of Representatives.

THE COURT OF APPEAL

This Court is composed of three judges when it hears appeals from the judgements of the Civil Court, and of one judge when it hears appeals from the Court of Magistrates in its civil jurisdiction. An appeal also lies to the Court of Appeal from decisions of a number of administrative tribunals, mostly on points of law.

THE COURT OF CRIMINAL APPEAL

The Court consists of three judges and hears appeals from persons convicted by the Criminal Court. A person convicted on indictment may appeal against his conviction in all cases or against the sentence passed on his conviction unless the sentence is one fixed by law. An appeal can never result in a sentence of greater severity. An accused person may also appeal against a verdict of not guilty on the ground of insanity. In certain cases the Court may also order a re-trial. The Attorney General, who is the prosecutor before the Criminal Court, cannot appeal from a verdict of acquittal or, in certain cases, against the sentence passed. The Court also hears appeals by the accused and by the Attorney General from decisions on preliminary pleas and from decisions of pleas regarding the admissibility of evidence.

This Court, when formed of one judge, hears appeals from judgements delivered by the Court of Magistrates in its criminal jurisdiction. In this case the person convicted can also appeal in all cases, whether against conviction or against the sentence passed. The Attorney General's right of appeal from these judgements is limited in most cases to appeals on points of law, although increasingly, particular laws are giving a general right of appeal to the Attorney General in connection with some offences.

THE CRIMINAL COURT

In this Court the judge sits with a jury of nine persons to try, on indictment, offences exceeding the competence of the Court of Magistrates as a Court of Criminal Judicature. This court may, in certain exceptional cases, sit without a jury.

THE CIVIL COURT

There shall be three sections in the Civil Court to which shall be assigned the category of cases. The sections of the Civil Court shall be the Family Section, the Voluntary Jurisdiction Section (previously known as the Second Hall) and the a general jurisdiction section to be styled the First Hall of the Civil Court. The First Hall takes cognisance of all causes of a civil and commercial nature exceeding the jurisdiction of the Courts of Magistrates. Of particular importance is that it takes cognisance of all applications for redress in respect of alleged violations of human rights and fundamental freedoms protected by both the Constitution of Malta and by the European Convention of Human Rights. This Convention is part of the Laws of Malta since 1987.

To the Civil Court (Family Section) shall be assigned those cases falling within the competence of the Civil Court and which relate to matters regulated by Titles I, II and IV of Book First of the Civil Code; The Maintenance Orders (Facilities for Enforcement) Ordinance; The Maintenance Ordinance (Reciprocal Enforcement) Act; The Marriage Act and The Child Abduction and Child Custody Act.

To the Civil Court (Voluntary Jurisdiction Section) shall be assigned applications falling within the competence of the Civil Court and which relate to matters regulated by Titles III, V, VI and VII of the Book First of the Civil Code and Part II of Book Second of the Code of Organisation and Civil Procedure. These areas include authority to proceed the tutorship of minors, adoption, the interdiction and incapacitation of persons, the opening of successions and the confirmation of testamentary executors.

One Judge presides in all three Sections.

THE MAGISTRATES' COURTS

This Court, which is composed of one Magistrate, exercises both a civil and a criminal jurisdiction.

The Court of Magistrates, in civil matters, has an inferior jurisdiction of first instance, limited to claims exceeding €3,494.06 (Lm1,500)* but not exceeding €11,646.87 (Lm5,000)*. In criminal matters, the Court has a two-fold jurisdiction, namely, as a court of criminal judicature for the trial of offences which fall within its jurisdiction, and as a court of inquiry in respect of offences which fall within the jurisdiction of a higher tribunal. In the second case, it conducts the preliminary inquiry in respect of indictable offences and transmits the relative record to the Attorney General. The Attorney General may send for trial by this court any person charged with a crime punishable with imprisonment for a term exceeding six months but not exceeding ten years if there is no objection on the part of such person. The court asks the accused whether he objects to his case being dealt with summarily and if the accused does not object, the court becomes competent to try the accused and proceeds to give judgement.

THE GOZO COURTS

The Court of Magistrates for Gozo in civil matters, has a two-fold Jurisdiction - an inferior jurisdiction comparable to that exercised by its counterpart Court in Malta, and a superior jurisdiction, both civil and commercial, in respect of causes which in Malta are cognisable by the First Hall of the Civil Court. Within the limits of its territorial jurisdiction, this Court has also the powers of a Court of voluntary jurisdiction.

SMALL CLAIMS TRIBUNAL

The Small Claims Tribunal is presided by an adjudicator who decides cases on principles of equity according to law. Adjudicators are appointed from amongst advocates for a term of five years. Adjudicators decide cases brought before them without delay. The aim is to have claims not exceeding the sum of €3,494.06 (Lm1,500)* decided summarily. Sittings of this Tribunal are held in Malta or Gozo. An appeal from the decision of the Tribunal lies to the Court of Appeal on specific cases listed in the Act establishing the Tribunal.

LOCAL TRIBUNALS

A number of minor infringements of the law such as minor traffic offences (parking violations, etc.), illegal disposal of litter, tenancy, etc., are penalised and are heard by Commissioners of Justice in Local Tribunals situated in various localities. The Commissioners are selected from among persons holding a law degree and given a three year appointment. As the offences have been depenalised the case may be decided even in the absence of the accused. Appeals are only possible on points of law.

THE JUVENILE COURT

The Juvenile Court consists of a Magistrate, as Chairman, and two members. Sittings are held outside Valletta, namely in Sta. Venera. The Courts hears charges against, and holds other proceedings relating to minors under the age of 16 years, and may also issue Care Orders in their regard. Given the confidential nature of such sittings, attendance to hearings is restricted to persons mentioned in the law establishing the Court.

*L-AMMONTI F'LIRI MALTIN HUMA BBAŻATI FUQ IR-RATA TA’ €1=Lm 0.429300 U HUMA GĦAL UŻU TA’ INFORMAZZJONI BISS

*VALUES DISPLAYED IN MALTESE LIRA ARE BASED ON THE RATE OF €1=Lm 0.429300 AND ARE FOR INFORMATION PURPOSES ONLY