JUDICIAL PROCEEDINGS (USE OF ENGLISH LANGUAGE) ACT (useofenglishlanguage)

J UDI C IA L P R O CE E D ING S (U S E O F EN G LISH LAN G U AG E)

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.

This Act may be cited as the Judicial Proceedings (Use of

English Language) Act.

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.

In a court of criminal jurisdiction -

(a) where all the persons charged are English-speaking,

*See Government Notice No. 545 of 17th September, 1965.

CAP. 189.] J U D IC IA L P R O CE ED IN G S (U SE O F EN G LISH LAN G U AG E)

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.

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

(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

J UDI C IA L P R O CE E D ING S (U S E O F EN G LISH LAN G U AG E)

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

subarticle (1) to (4) shall be reproduced on or annexed to every

copy of any act which is to be served on any person.

Subject to the provisions of article 315(4) of the Merchant

Shipping Act, all judicial proceedings not specifically provided for

in the foregoing articles of this Act shall be conducted, as regards

language, in accordance with the principles set out in those articles

and in any rules made under article 29 of the Code of Organization

and Civil Procedure.

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.