Petitions (Local Tribunals) Regulations, 2005

L.N. 414 of 2005

COMMISSIONERS FOR JUSTICE ACT

(CAP. 291)

Petitions (Local Tribunals) Regulations, 2005

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, after consulting the Local Councils

Association, has made the following regulations>-

(1) The title of these regulations is the Petitions (Local

Tribunals) Regulations, 2005.

(2) These regulations shall enter into force on the 1 st January,

2006. In these regulations, unless the context otherwise requires -

“the Act” means the Commissioners for Justice Act<

“the Board” means the Petitions Board established by

regulation 3<

“Commissioner” means a Commissioner for Justice appointed

under article 3 of the Act<

“scheduled offence” means an offence set out in the Schedule

to the Act, committed after the coming into force of these

regulations<

“the Minister” means the Minister responsible for justice.

(1) There shall be a Board, to be styled the Petitions Board,

composed of one person appointed by the Minister responsible for

justice, who may from time to time appoint more than one Board.

(2) The person composing the Board shall be appointed for

a term of two years and during the course of his term of office may only

be removed from office by the Prime Minister on the same grounds for

the removal of a Magistrate.

(3) The functions of the Board shall be the following>-

(a) to determine any petition submitted to it by any person

who is charged or is about to be charged with any scheduled offence

before a Commissioner<

(b) to order the waiving or discontinuance of any

proceedings before a Commissioner relating to any scheduled

offence at the request of any person as mentioned in the preceding

paragraph< and

(c) to remit in whole or in part any financial penalty imposed

by a Commissioner following proceedings for an infringement

relating to a scheduled offence.

(1) Any person subject to any proceedings instituted against Petitions to

the Board.

him as are mentioned in regulation 3 or who has been found guilty

following such proceedings, may petition the Board requesting that the

proceedings be waived or discontinued, and, or the penalty be remitted

in whole or in part.

(2) Such petition shall be filed in the Registry of the

Commissioners by not later than ten days from the date of the alleged

commission of the scheduled offence< so however that when the

petitioner did not know that proceedings were about to commence

against him, such period shall start running from the day he came to

know that proceedings would commence, or had commenced, or the

case had been decided by the Commissioner, whichever is the earliest.

(3) The petition shall, under pain of nullity, contain the

reasons for the request in the petition.

(4) No petition may be allowed once the financial penalty

has been paid.

There shall be such number of chambers of the Board as the Chambers dealing

with petitions.

Minister may prescribe. Petitions shall be assigned to the various

chambers on a rotation basis by such officer or person as may be

designated by the Minister.

The Board shall examine petitions received by it and shall Mode of examining

petitions.

only accede to a petition in part or in whole when there are impelling

reasons for it to do so, such as>

(a) an evident mistake in the identity of the offender or in

the identification of any vehicle involved in the scheduled offence<

(b) an evident mistake which resulted in the offender being

wrongly found guilty of the scheduled offence<

(c) humanitarian reasons attenuating the circumstances

relating to the commission of the scheduled offence<

(d) when the issue of the charge or of the notice under article

14 of the Act or the nature thereof is manifestly unjust or oppressive,

considering the nature and facts of the case.

(e) when the procedures as set in Legal Notices 350#04 and

51#05 for the issue of the contravention have not been followed.

(a) When the Board accedes to a petition in respect of

proceedings which are pending or are about to be instituted, such

proceedings shall be extinguished for all purposes of law.

(b) When the Board remits any penalty, such penalty shall

no longer be recoverable under the Commissioners for Justice Act or

any other law.

(c) When the Board has acceded to a petition or remitted a

penalty, a notice must be sent to the respective Joint Committee, which

must take the necessary action to reduce or cancel as the case may be.

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