280 tal-2008 - Regoli tal-Qorti tal-2008 dwar il-Prattika u l-Proċeduratal-Qrati u l-Bon-Ordni (Kodiċi Kriminali)

L.N. 280 of 2008

CRIMINAL CODE

(CAP. 9)

Court Practice and Procedure and Good Order

(Criminal Code) Rules of Court, 2008

The President of Malta has approved the following Rules of

Court made by the Rule-Making Board constituted in terms of article

516(3) of the Criminal Code.

The title of these rules is the Court Practice and Procedure Citation.

and Good Order (Criminal Code) Rules of Court, 2008.

Part I - Postponement of Trials

(1) Only one application for the postponement of a trial Postponement

of a criminal

by jury, on the ground of indisposition of counsel, may be granted.

trial.

(2) The Criminal Court, in dealing with any such application,

shall appoint the Advocate for Legal Aid or another advocate to

undertake the defence of the accused, should the advocate retained by

the accused not appear on the day to which the trial shall be put off.

Part II - Maintenance of Good Order in the Courts of Justice

(1) No person shall, under the penalties laid down in Maintenance of

good order.

article 990 of the Code of Organization and Civil Procedure -

(a)

except in such areas as may be designated for the

purpose by the Director General (Courts) with the consent of the

Chief Justice, expose for sale or sell any kind of food or other

things within the precincts of the Courts of Justice, or, except in

such areas as so designated, eat or partake of food or beverages

within such precincts; or

(b) smoke within the precincts of the Courts of Justice

in such areas to which the public have access other than in such

areas as may be designated for that purpose by the Director

General (Courts) with the consent of the Chief Justice; or

(c)

vociferate, within the precincts of the Courts of

Justice, in a manner to disturb the sittings of the court; or

(d) keep any ringing mechanism of any mobile or

cellular phone or any other similar device switched on within

any hall where the court sits, during a sitting of the court or

tribunal; or

(e)

bring, within the precincts of the Courts of Justice,

any child under the age of thirteen years, except where such

child has been summoned as a witness before a court or other

tribunal sitting within the said precincts, or where such court or

tribunal is of the opinion that the presence of the child is

required in connection with any proceedings before it, or as may

otherwise be provided by the Director General (Courts) with the

consent of the Chief Justice; or

(f)

enter within the precincts of the Courts of Justice

without complying with the security procedures in force as

established by the Director General (Courts); or

(g) during the hearing of a case in any hall take, or

attempt to take, any photograph or film by any means

whatsoever, except when the taking of such photograph or film

has been ordered or authorised by a court or tribunal in

connection with any proceedings before it; or

(h) take or attempt to take anywhere within the

precincts of the Courts of Justice any photograph or film by any

means whatsoever without the permission of the Director

General (Courts) and the Chief Justice; or

(i)

except as provided for by law with the permission of

the Director General and the Chief Justice take or attempt to

take any voice recording.

(2) Where any act as is mentioned in sub-rule (1) occurs

during the hearing of a case, the Judge or Magistrate, or in the case of

a collegial court, the president of that court shall summarily proceed

as provided in article 990 of the Code of Organization and Civil

Procedure after hearing the person to whom the act is attributed; and

in all other cases the procedure prescribed in article 68(3) of the said

Code shall be followed.

(1) Every court executive officer may refuse entry into

the precincts of the Courts of Justice or into any courtroom to any

person who, in his opinion, is not properly dressed

Provided that where such person has been summoned to

appear before a court or tribunal the said officer shall, before

proceeding further, inform the Judge, Magistrate or member of the

tribunal before whom that person was due to appear, and shall take

instructions from the said Judge or Magistrate or member of the

tribunal as to how he should proceed.

(2) The Director General (Courts) shall, from time to time,

inform the general public as to the type of dress which is regarded as

unacceptable within the precincts of the Courts of Justice.

Part III - Court Practice and Procedure concerning Hearings

to be Held by Appointment

(1) The hearing of a charge, bill of indictment or other Hearings to be

procedure shall, as far as possible, be by appointment for a given time held

appointment.

as determined by the court.

(2) Where several charges, bills of indictment or other

procedures are to be heard during the course of any sitting, the court

shall stagger the hearing of the said charges, bills of indictment or

other procedure at reasonable intervals to ensure that the parties, and

witnesses if any, do not all turn up at the same time.

Part IV - References to the Court of Justice

of the European Communities

(1) It shall be the responsibility of the court, not the References to the

Court of Justice

parties, to settle the terms of the reference to the Court of Justice of of the European

the European Communities. The reference shall identify as clearly, Communities

under Article 234

succinctly and simply as the nature of the case permits the question to of the EC Treaty.

which the Maltese court seeks an answer. It is very desirable that

language should be used which lends itself readily to translation.

(2) The referring court shall in a single document scheduled to

the order

(a)

identify the parties and summarise the nature and

history of the proceedings;

(b) summarise the salient facts, indicating whether these

are proved or admitted or assumed;

(c)

make reference to the rules of national law

(substantive and procedural) relevant to the dispute;

(d)

summarise the contentions of the parties so far as

relevant;

(e)

explain why a ruling of the Court of Justice of the

European Communities is sought, identifying the provisions of

Community law whose effect is in issue; and

(f)

formulate, without avoidable

complexity,

the

question(s) to which an answer is requested.

(3) Where the document is in effect a decree, as will often be

convenient, passages which are not relevant to the reference shall be

omitted from the text scheduled to the order. Incorporation of

appendices, annexes or enclosures as part of the document shall be

avoided, unless the relevant passages lend themselves readily to

translation and are clearly identified.

(4) The referring court shall ensure that the order of reference,

when finalised, is promptly passed to the Registrar, Criminal Courts

and Tribunals, so that it may be transmitted to the Court of Justice of

the European Communities without avoidable delay.

(5) The title of the referring court shall also be clearly stated.

Part V - Wearing Apparel for Advocates, Legal Procurators,

and Members of a Disciplined Force

(1) Advocates appearing before any of the superior

courts of criminal jurisdiction at the hearing of any charge, bill of

indictment or other procedure shall wear a dark blue, charcoal grey or

black suit or pin-striped trousers and black jacket, a white shirt with a

black, grey or white tie or bow-tie and black gown. Lady advocates

appearing before the said courts shall wear black or blue or charcoal

grey suits, or a white blouse and a black skirt under a black gown. A

Judge may for good reason dispense an advocate from wearing a

gown.

(2) Any advocate not complying entirely

with

these

requirements shall not have the right of audience.

(3) Advocates and lady advocates appearing before any of the

inferior courts of criminal jurisdiction shall comply with the

provisions of sub-rule (1) but shall be dispensed from the need to

wear a gown.

(4) The provisions of sub-rule (3) shall apply, mutatis

mutandis, to legal procurators.

(5) (a)

Members of a disciplined force appearing before

any of the superior courts of criminal jurisdiction in the course of the

exercise of their duties or in connection with their duties, shall wear

their normal uniform. If such uniform includes a jacket or a tunic, this

is also to be worn. Commissioned and gazetted officers shall always

wear their jacket or tunic.

(b) Other than for gazetted police officers conducting

prosecutions, members of a disciplined force appearing before any of

the Inferior Courts in the course of the exercise of their duties or in

connection with their duties, shall wear their normal uniform or other

apparel as they are authorised to wear in the course of the

performance of their normal duties.

(c)

The court may dispense such a member from

wearing a uniform.

Part VI- Leave of Absence

(1) Except where a Judge is away from Malta on a visit, Leave of

or to attend a seminar, conference or other similar meeting, as absence.

approved by the Chief Justice or by the Judicial Studies Committee,

he shall apply to the Senior Administrative Judge for leave of

absence, including where necessary leave to be away from Malta, at

least three days before such leave is required. The Senior

Administrative Judge shall, before granting such leave, ensure that

adequate arrangements have been made for urgent matters, which

may arise in the court to which that Judge is assigned, to be dealt with

by another Judge and, where the Judge seeking such leave ordinarily

sits in a collegial court, the Senior Administrative Judge shall consult

with the president of that court.

(2) Without prejudice to the provisions of article 547(2) of the

Criminal Code, except where a Magistrate is away from the Islands Cap. 9.

on a visit, or to attend a seminar, conference or other similar meeting,

as approved by the Chief Justice or by the Judicial Studies

Committee, he shall apply to the Senior Magistrate for leave of

absence, including where necessary leave to be away from Malta, at

least three days before such leave is required. The Senior Magistrate

shall, before granting such leave, ensure that adequate arrangements

have been made for urgent matters, which may arise in the court to

which that Magistrate is assigned, to be dealt with by another

Magistrate.

(3) The provisions of the foregoing sub-rules, shall, mutatis

mutandis, apply to the Senior Administrative Judge and the Senior

Magistrate, sohowever that in their case they shall apply to the Chief

Justice.

Part VII- Revocation and Saving

The following Rules of Court are hereby revoked

Revocation and

Saving.

(a)

the Postponement of Trials Rules of Court; and

(b) the Rules of Court for the Maintenance of Good S.L. 9.11

Order in the Courts of Justice (Criminal Code).