Service of Notice by Mail Regulations, 2004

L.N. 350 of 2004

COMMISSIONERS FOR JUSTICE ACT

(CAP. 291)

Service of Notice by Mail Regulations, 2004

IN exercise of the powers conferred by article 13 of the

Commissioners for Justice Act, the Deputy Prime Minister and Minister

for Justice and Home Affairs has made the following regulations>

The title of these regulations is the Service of Notice by Mail Title.

Regulations, 2004.

In these regulations, unless the context otherwise requires -

Definitions.

“authorised officer” means any Police Officer, and any other

officer, authority or person who is responsible for the enforcement

of any law as is mentioned in article 14(2) of the principal Act<

“principal Act” means the Commissioners for Justice Act,

Cap. 291<

“scheduled offence” means an offence declared to be a

scheduled offence under the principal Act.

(1) The notice referred to in article 14(2) of the principal Service of notice.

Act shall be handed over to the person suspected of having committed

a scheduled offence at the time the person was detected committing the

act or omission giving rise to the suspicion.

(2) Where -

(a) for any of the reasons laid down in paragraph (3) it is

not practical to hand over the notice to the person as aforesaid or

to fix the notice as provided in article 14(2) of the principal Act< or

(b) the person is captured committing the act or omission

giving rise to the suspicion on a film or photograph taken by means

of close circuit television,

the authorised officer shall ensure that within two days from the day on

which the person was detected committing the act or omission giving

rise to the suspicion, the notice is sent by mail to that person.

(3)

The reasons referred to in paragraph (2) are the

following>

(a) for reasons of distance, over-speeding, dangerous driving

or other serious reason<

(b) where in the exercise of his duties under article 14(2) of

the principal Act the authorised officer is threatened, assaulted or

insulted or is otherwise confronted with a hostile conduct.

(4) The notice referred to in paragraph (2) of this regulation

shall, besides the information required by article 14(2) of the principal

Act, include all the facts that led the authorised officer to issue the

notice, and also the reasons why the notice was not served at the time

the person was detected committing the act or omission giving rise to

the suspicion.

For all intents and purposes of law it shall be sufficient proof

that the notice was sent by mail to the person if the authorised officer

confirms on oath that the notice has been so mailed.

The provisions of article 14 of the principal Act shall mutatis

mutandis apply to the notice sent by mail in pursuance of regulation

3(2) as they apply to the notice handed over or affixed in terms of article

14 of the principal Act.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press