COMMISSIONERS FOR JUSTICE ACT

COMMISSIONERS FOR JUSTICE

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, 138,

316 of 2002; Act XXXI of 2002; Legal Notices 337 of 2003, 36, 292, 430,

517 of 2004; Act I of 2005; Legal Notices 223, 404 of 2005; Acts XIII of

2005, XVI of 2006; Legal Notices 394, 423 of 2007, 502 of 2010, 490 of

2011; Act I of 2015, and Legal Notices 20 of 2018 and 44,85, 116, 323,

328, 339 of 2020 and 47, 107, 125, 208 of 2021, 33, 81 and 82 of 2022;

and 192 and 212 of 2023. Acts XIV, XXIX of 2019, X, XII, LVII of 2020 and

LXVI of 2021 and XX of 2023 and Legal Notice 169 of 2024 and Act II of

2025.

The short title of this Act is the Commissioners for Justice

Act.

Amended by

I. 1985.2;

(Article 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;

L.N. 292 of 2004;

L.N. 430 of 2004;

L.N. 517 of 2004;

L.N. 223 of 2005;

L.N. 404 of 2005;

L.N. 394 of 2007.

Substituted by

L.N. 502 of 2010;

L.N. 490 of 2011.

Amended by

I. 2015.17;

L.N. 20 of 2018;

XIV.2019.73;

L.N. 44 of 2020;

L.N. 85 of 2020;

X.2020.5;

L.N. 116 of 2020;

L.N. 323 of 2020;

L.N. 328 of 2020;

L.N. 339 of 2020;

L.N. 47 of 2021;

XXIX.2019.71;

L.N. 107 of 2021;

L.N. 125 of 2021;

LXVI.2021.27;

L.N. 33 of 2022;

L.N. 81 of 2022;

L.N. 82 of 2022;

XX.2023.2;

L.N. 192 of 2023;

L.N. 169 of 2024.

Offences, which become infringements and may be tried by the Commissioners,

against the following

Cap. or S.L.

Particular provisions, if any, or

Legislation

number

description of offence

Criminal Code

338 (a), (b), (c), (d), (i), (j), (l), (m), (n), (p),

(q), (r), (s), (t), (u), (v), (w), (x), (y), (aa),

(cc), (dd), (ff), (gg), (hh), (ii), (jj), (kk) and

(mm)

Criminal Code

339(1) (a), (b), (c), (d), (f), (i), (k), (l) and

(m).

Criminal Code

340 (a) and (b).

Medical and Kindred Professions

Simple possession of a prohibited drug for

Ordinance

personal use in an amount not exceeding two

grams irrespective of purity or of not more

than two ‘ecstasy’ pills or two other

prohibited pills and simple possession for

personal use of the plant ‘khat’.

COMMISSIONERS FOR JUSTICE

Cap. or S.L.

Particular provisions, if any, or

Legislation

number

description of offence

Traffic Regulation Ordinance

Articles 3, 30, 34(1) and 46; and the Second

Schedule in respect of parking or waiting or

stopping at prohibited place.

Traffic Signs and Carriageway

Regulation 2.

Markings Regulations

Motor Tractors Regulations

Regulation 3.

Motor Vehicles Regulations

Regulations 59, 61, 65, 67 to 103, 105 to

110A, 114 to 118, 123 to 127 and 130.

Motor Vehicles (Wearing of Seat

Belts) Regulations

Clamping and Removal of Motor

Regulation 11.

Vehicles and Encumbering

Objects Regulations

Motor Vehicles (Driving

Regulations 3, 4, 27, 56, 57, 58, 69, 76.

Licences) Regulations

Motor Vehicles (Carriage of

Regulations 5, 68, 69, 72.

Goods by Road) Regulations

Motor Vehicles (Weights,

Regulations 8, 11.

Dimensions and Equipment)

Regulations

Pedal and Low-Powered Cycles

Regulations 4(1), 5(1), 6, 7, 9 to 11, 13, 14,

Regulations

17(6), 19, 21 to 24, 26.

Mdina (Restriction of Access and

Regulation 2.

Transit of Vehicles) Regulations

L i g h t P a s s e n g e r Tr a n s p o r t

Regulations 15, 17, 19 to 27, 28(2), 30, 32

S e r v i c e s a n d Ve h i c l e H i r e

to 35, 52 and 54

Services Regulations

Dangerous Drugs Ordinance

Simple possession for personal use of a

prohibited drug in an amount not exceeding

two grams of any drug other than cannabis or

more than seven grams but not more than

twenty-eight grams of the drug cannabis

irrespective of the purity.

Motor Vehicles Insurance (Third-

Article 8(1).

Party Risks) Ordinance

Litter Act

Articles 3, 4, 5, 8.

Control of Dogs Regulations

Tobacco (Smoking Control) Act

Article 14.

Smoking in Public Places

Regulations

Smoking Control in Private

Vehicles

Regulations

Education Act

Article 59(1) (a) and (b).

Controlled Parking Schemes

(Residents and Commercial)

Regulations

Registration and Licensing of

Regulations 8, 13(1), 14(3), 17(1), (2), 18,

Motor Vehicles Regulations

20, 21(1), 24, 32(3), (4), (5), (7), 33, 35,

44(7)(b), (c), (d), (e), (f), (g), (h), (i) and (j).

COMMISSIONERS FOR JUSTICE

Cap. or S.L.

Particular provisions, if any, or

Legislation

number

description of offence

Licensed Accommodation

Regulations

Activities requiring Permit by

Local Councils Regulations

Trenching Works requiring

Permit by Local Council

Regulations

Management of Bathing Water

Regulations 19(1) and (2).

Quality Regulations

Enforcement of Directions

relating to Quarantine

Regulations

Enforcement of the Order relating

to Closure of Places Open to the

Public Regulations

Enforcement of the Order relating

to the Closure of Non-Essential

Retail Outlets and Outlets

Providing Non-Essential Services

Regulations

Enforcement of the Order relating

to Self-Isolation of Diagnosed

Persons Regulations

Enforcement of the Order relating

to the Suspension of Organised

Events Regulations

Enforcement of the Order relating

to the Number of Persons in

Public Spaces Regulations

Organised Public Mass Events

Regulations

Mandatory Use of Medical or

Cloth Masks Regulations

Closure of Certain Places of

Entertainment Regulations

Number of Persons in Public

Spaces Regulations

Closure of Food and Drink

Outlets Regulations

Contact Sports Regulations

Organised Mass Events

Regulations

Essential Travel between Malta

and Gozo Order

Closure of Places Open to the

Public Order

Closure of Non-Essential Retail

Outlets and Outlets Providing

Non-essential Services Order

COMMISSIONERS FOR JUSTICE

Cap. or S.L.

Particular provisions, if any, or

Legislation

number

description of offence

Enforcement of the order relating

to Closure of Non-Essential

Retail Outlets and Outlets

Providing Non-Essential Services

Regulations

Enforcement of the Order relating

to Closure of Places Open to the

Public Regulations

Regulations on Sport Activities

Hygiene of Food Regulations

Paragraph 2 of Part VIII of the Schedule.

Placing of Billboards and

Regulations 4, 8, 9, 10, 12.

Advertising on the Road

Regulations

Valletta Pedestrian Zones

Regulation 9.

Regulations

New Roads and Road Works

Regulations 28, 29, 43 to 46.

Regulations

Taxi Services Regulations

Regulations 16(2), 21(1), 27, 29(6), 49, 50,

53, 55, 57 and 65(3), (4), (5) and (6).

L i g h t P a s s e n g e r Tr a n s p o r t

Regulations 15, 17, 19 to 27, 28(2), 30, 32

S e r v i c e s a n d Ve h i c l e H i r e

to 35, 52 and 54

Services Regulations

Environmental Management

Construction Site Regulations

Drug Dependence (Treatment not

Articles 4, 4A, 7A.

Imprisonment) Act

Abandonment, Dumping and

Regulations 4, 5 and 8.

Disposal of Waste in Streets and

Public Places or Areas

Regulations

Micromobility Regulations

Regulations 8, 9, 10, 11, 12, 13, 14, 15, 16,

17, 18, 20, 21, 22, 23, 28.

Valid Certificate of Recognised

Regulation 2

Vaccination against COVID-19

Requirement Regulations

Responsible Use of Cannabis

The provisions in the Second Schedule

(Licensing of Organisations)

Regulations

Cat Feeders Regulations

Regulation 9

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;

"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.

(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 Government 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 Government Act or by

any other authority under any other Act;

(b) to hear witnesses on oath or affirmation and to

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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

charged;

(d) to impose such penalty in accordance with the

provisions of article 10(2), and

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

or any other court of criminal jurisdiction shall not have

jurisdiction to try a scheduled offence

Provided that the Court of Magistrates or any other court of

criminal jurisdiction shall have jurisdiction to try any scheduled

offence which is charged together with any other offence over

which the said court has jurisdiction.

(4) Notwithstanding the other provisions of this Act, an offence

against the Dangerous Drugs Ordinance or against the Medical and

Kindred Professions Ordinance which is triable under this Act shall

not cease to be a criminal offence and the courts of criminal

jurisdiction shall retain a concurrent jurisdiction to try that offence

so however that the punishments applicable after the coming into

force of this Act shall not exceed the punishments which would be

applied had the offence been tried before a Commissioner for

Justice under this Act

Provided that the Courts of criminal jurisdiction shall, by

virtue of this Act, be entitled to apply any penalty which may be

applied by a Commissioner for Justice under this Act in respect of

an offence which according to this Act is to be tried before a

Commissioner for Justice

Provided further that the period of prescription applicable

i n r e s p e c t o f a n o ff e n c e a g a i n s t t h e M e d i c a l a n d K i n d r e d

Professions Ordinance and the Dangerous Drugs Ordinance triable

under this Act shall, notwithstanding the other provisions of this

Act, be the same applicable in respect of that offence under the said

Ordinances read in conjunction with the provisions of the Criminal

Code on prescription.

(5) An offence referred to in sub-article (4) shall remain

subject to all the powers of the Executive Police in respect thereof

as if it had not been an offence triable by a Commissioner for

COMMISSIONERS FOR JUSTICE

Justice under this Act for the purposes of the investigation of the

said offence or of any other offence.

(6) Notwithstanding the provisions of sub-articles (4) and (5)

or of any other law, an offence referred to in sub-article (4) shall

not be taken into account for the purposes of the issue of conduct

certificates under the Conduct Certificates Ordinance but the

Registrar of the Tribunal or any other person as may be designated

by regulations made by the Minister shall keep a register of all

convictions or voluntary payments of penalties in respect of

offences referred to in sub-article (4) and such register shall be

accessible to the Executive Police, to the Registrar, Criminal

Courts and Tribunals, to the Armed Forces of Malta and to any

other public authority, in the exercise of their functions at law, as

the Minister may by regulations designate. Requests for access to

the register shall be submitted in writing to the Registrar of the

Tribunal or other person granting access, as the case may be, who

shall keep a record thereof, including the dates when the request

was received and when access was provided. The Registrar of the

Tribunal or other person granting access, as the case may be, shall

keep such records for three (3) years from the date of such request

Provided that the public authority requesting access shall have

in place appropriate safeguards for the rights and freedoms of data

subjects in relation in particular to purpose limitation, integrity and

confidentiality, as required pursuant to Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, or pursuant to the Data

Protection (Processing of Personal Data by Competent Authorities

for the Purposes of the Prevention, Investigation, Detection or

Prosecution of Criminal Offences or the Execution of Criminal

Penalties) Regulations.

(7) Prosecution before the Commissioners for Justice for

offences against the Medical and Kindred Professions Ordinance or

against the Dangerous Drugs Ordinance for possession for personal

use of a prohibited drug shall be carried out by the Executive Police

who shall however appear before the Commissioner in plain

clothes.

(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.

(6) The provisions of the Criminal Code regarding the

COMMISSIONERS FOR JUSTICE

a b s t e n t i o n an d c h a l l e n g e o f m a g i st r a t e s s h a l l a p p l y t o t h e

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 State Advocate.

(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.

(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.

(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,

COMMISSIONERS FOR JUSTICE

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

P r o v i d e d t h a t t h e p e r s o n c h a rg e d s h a l l b e a ff o r d e d 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.

(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.

Saving the provisions of article 5(4), if a person duly

served with a summons or his representative as may be authorised

in writing by him, fails to appear personally 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

Provided that any person charged may instead of appearing

before the Commissioner send to the Registry of the

Commissioners representations in writing and, or a declaration on

the facts of the case confirmed on oath contesting the charge

against him, and the Commissioner shall, prior to deciding the case,

take into account such representations and, or a declaration as if

they had been made viva voce before him.

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

Provided further that the person charged may instead of

a p p e a r i n g b e f o r e t h e C o m m i s s i o n e r, a p p o i n t i n w r i t i n g a

representative who shall for all intents and purposes of law be

deemed to have the same rights and obligations as a person charged

before the Commissioner.

The Minister responsible for justice may by regulation

designate the registrar and registry of each Local Tribunal and the

functions thereof and by the same regulations may also designate such

other officers as may be necessary for the operation of the Local

Tribunal.

COMMISSIONERS FOR JUSTICE

(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 where the Commissioner decides that the

person charged committed the scheduled offence specified in the

charge, he shall order that where the person charged does not pay

the fine (multa or ammenda) within one month from when the case

is decided finally, the person charged shall pay a penalty of eleven

euro and sixty-five cents (11.65) in addition to the fine (multa or

ammenda).

(3) Where a Commissioner has made an order for the payment of

such penalty, the Registrar of the Tribunal or other person designated

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

m ay also order the paym ent to such authority of a sum not

exceeding two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37) 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.

COMMISSIONERS FOR JUSTICE

(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 Government 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 sub-

article (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.

(7) A person who fails to pay a penalty imposed upon him

under this Act, whether by the Commissioner or by a Court, for an

offence against the Medical and Kindred Professions Ordinance or

the Dangerous Drugs Ordinance may, upon the demand of the

Registrar of the Tribunal or of the Registrar of Criminal Courts, as

the case may be, be brought before the Tribunal or before the Court

for the purpose of a determination being made as to whether the

cause of the failure to pay is drug dependence and in the case that

the Commissioner or the Court are of the opinion that on the basis

of probabilities the person found guilty has failed to pay the penalty

due to a problem of drug dependence they shall be entitled to order

that the said person be referred to the Drug Offenders

Rehabilitation Board established under article 6 of the Drug

Dependence (Treatment not Imprisonment) Act, and the powers

and functions of that Board shall mutatis mutandis apply to that

person without prejudice to the other provisions of this Act.

(1) Any person who feels himself aggrieved by the

decision of a Commissioner may, within thirty 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.

(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 one hundred and sixteen euro and forty-

seven cents (116.47).

(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).

(1) Any person who has been found guilty of an

infringement under article 10 may apply to the Court of Magistrates

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for a re-trial of his case on the ground that he was never duly served

with the charge according to law.

(2) Such application shall be filed within fifteen days from the

day such person acquired, or should have reasonably be expected to

have acquired, knowledge of the decision against him.

(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.

(1) 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

Provided further that nothing in this paragraph shall be

interpreted as preventing Parliament from amending

the Schedule by means of an Act of Parliament to

include therein offences which are liable to

punishments which are higher than the punishments

established for contraventions;

(c) for establishing any fees that may be payable in terms

of this Act;

(d) for the establishment, after consultation with the Local

Councils Association, of a Board which shall be

competent to hear and decide requests which may be

made for the waiving or discontinuance of proceedings

against any person for any infringement before a

Commissioner for Justice, or for remission of the

penalty awarded, for any valid reason under such

conditions as may be prescribed;

(e) for establishing any form to be used in terms of this

Act;

(f)

for establishing the procedures to be followed in the

Registry of Local Tribunals;

(g) for establishing a local enforcement system and to

determine its functions;

(h) for establishing and determining the functions of the

COMMISSIONERS FOR JUSTICE

Registrar and other officials of the Local Tribunal;

(i)

to provide for rules of service of judicial acts in terms

of this Act;

(j)

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.

(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

Provided that the provisions of this sub-article shall not apply

in respect of any regulations and orders issued by the Superintendent

of Public Health in terms of the Public Health Act and to any

amendment to the Schedule made in pursuance to an order issued by

the Superintendent of Public Health in terms of the Public Health Act.

(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

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

p e r i o d w i t h i n w h i c h h e m a y e ff e c t s u c h p a y m e n t a n d t h e

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.

(2A) Notwithstanding the provisions of sub-article (2), where

any notice is handed over or is affixed as is provided in sub-article

(2) and the first proviso thereto, such notice may, instead of the

information mentioned under sub-article (2), contain information as

to how that information may be accessed and viewed through

electronic means and the period within which such information

may be so accessed and viewed

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Provided that where the information is not accessed and

viewed within the period indicated in such notice, a notice containing

the information mentioned under sub-article (2) shall be sent by mail

or by any other means as provided by law.

(3) Where any notice has been handed over or is affixed as is

provided in sub-article (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 twenty-three euro

and twenty-nine cents (23.29), 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

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.

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