Method of Service of Judicial Acts Regulations, 2014

L.N. 335 of 2014

CRIMINAL CODE

(CAP. 9)

Method of Service of Judicial Acts Regulations, 2014

IN EXERCISE of the powers conferred by article 699 of the

Criminal Code, the Minister responsible for Justice has made the

following regulations:-

The title of these regulations is the Method of Service of

Judicial Acts Regulations, 2014.

In these regulations, unless the context otherwise requires:-

"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 under article 370(1) of the Criminal Code;

''household'' includes any premises wherein any person, at the

time of delivery of the summons, lives, even though temporarily, or

the particular last registered address or postal address of such person;

''judicial act'' means any act or order made in writing by the

Court of Magistrates, the Executive Police or other competent

authority in proceedings under the provisions of these regulations and

includes the summons of the person charged, subpoena and affidavits

as well as any document to be produced in evidence in the same

proceedings;

''last registered address'' means

(a)

in relation to a person appearing on the last issued

Electoral Register, the address shown for such person, and in

relation to persons not appearing on the last issued Electoral

Register, the address shown for such persons on the last

Electoral Register where his name is shown;

(b)

in relation to a body corporate having distinct legal

personality

(i) the address of the registered office shown on

the registration of that body corporate with any state body

or authority in Malta with which it is obliged, under any

law, to be registered in order to function; or

(ii) if there is no obligation to register, the

address of the main office given on the voluntary

registration by such body corporate with any state body or

authority;

''local warden'' means any person duly licensed in accordance

with article 14 of the Private Guards and Local Wardens Act;

''officer'' means Police officers, officers of the Post Office, local

wardens, and any other body or persons entrusted with the service of

judicial acts by virtue of these regulations or any other regulations

made under the provisions of the Criminal Code, or any other law;

''officers of the Post Office'' means post-officers duly employed

in the business of the Post Office;

''place of work'' means any place where the person works,

whether as employer, employee or service provider, whether full-

time or part-time, whether for any remunerative consideration or

otherwise on a voluntary basis;

''place of business'' means the business address from where a

main business is conducted, and this includes but is not limited to, the

address or addresses from where the administration and, or the

management and, or the main dealings of the business are conducted;

''postal address'' means

(i)

in relation to a natural person, the address where

the person usually receives his mail, or to such other place that

may have been indicated by the person to the officers of the Post

Office; and

(ii)

in relation to a body corporate having distinct legal

personality, the last registered address;

"service" means any service whether such service is given on a

permanent basis or whether it is given on a temporary basis;

''statement'' means the declaration made by the officer charged

with the notification of judicial acts, which declaration must be drawn

up on the certificate of notification by the officer charged with the

notification, which certificate must be completed in the form

prescribed in Schedule 2;

''subpoena'' means a witness summons whereby a person is

called upon to give evidence before a Court of Magistrates, and such

subpoena shall contain an order to appear at a stated place and time

for the purpose of giving evidence before the Court of Magistrates.

These regulations shall apply to proceedings before the

Court of Magistrates as designated in Schedule 1.

(1)

Notification of a summons shall be effected by the

delivery of the summons

(a)

at any place in Malta or Gozo personally to the

person on whom the summons is to be served; or

(b)

by leaving such summons at the postal address or

last registered address of such person; or

(c)

by leaving such summons at the place of business

or place of work of such person

Provided that notification in terms of paragraph (b) shall

only be valid if the summons is left with some member of his family

or household, or with a person giving him a service in that household

Provided also that notification in terms of paragraph (c)

shall only be valid if the summons is left with some person in his

service or employment, or his attorney, or person authorised to

receive his mail

Provided further that it shall not be lawful to leave such

summons with any person under the age of fourteen years, or with

any person who, on account of infirmity of mind, is unable to give

evidence of such service, and that a person shall be presumed to be

able to give evidence unless the contrary is proven.

(2) No objection may be raised on the grounds of irregularity

of the notification for any of the reasons stated in the above provisos

if it results that the summons has actually reached the person to be

served therewith or if the person appears before the Court.

In the case of a body having a distinct legal personality,

notification on such body shall be effected by leaving the summons

(a)

at its place of business, or postal address or last

registered address with any of the persons vested with the legal

or judicial representation thereof, or with any company

secretary, or with any other person authorised in writing by such

body to receive such summons, or with any person in its service

or employment; or

(b)

with any of the persons vested with the legal or

judicial representation thereof, with any company secretary or

with any other person authorised in writing by such body to

receive such summons in the manner provided for in regulation

4.

In the case of persons on board ships, other vessels or Persons on

aircrafts, or members of the crew having no place of residence in board

etc.

Malta, notification may be effected by delivering such summons to

the master of the ship, vessel or aircraft or to any other person acting

in their behalf or, in the absence of such persons, on the agent of the

ship or other vessel, as the case may be, or in the absence of such

persons and agent, on curators appointed by the court in terms of

article 929 of the Code of Organization and Civil Procedure.

7 . Where a person to whom a judicial act is addressed, or a Refusal to

person who is obliged to accept notification on behalf of the person to accept

notification.

whom the judicial act is addressed, refuses to receive it personally

from an officer charged with the notification of the judicial act, such

officer shall leave the judicial act as near as reasonably possible to the

person who refuses to accept the judicial act and the person to whom

the judicial act is addressed shall be deemed regularly notified on the

day and time of the refusal of notification.

8 . (1)(a) In the event that with the second attempt to notify When

the person, notification of the judicial act cannot be effected in terms notification

cannot be

of regulations 4 and 5, the officer charged with the notification shall accepted.

leave the summons at the last registered address or affix it to the door

of that last registered address

Provided that the officer may not leave the summons at the

last registered address or affix it to the door of that last registered

address unless the second attempt has been carried out the next

following day or after the lapse of any longer period.

(b)

Moreover abstracts of the judicial acts shall be

published once in the Gazette or one daily newspaper, which

abstracts shall contain the name and surname of the offender, a

legally valid identification document number of the offender,

the respective Court where the sitting is going to be held, the

sitting date and time, and the charges

Provided that if the last registered address is not

known, it shall suffice and a person shall be deemed to be

notified, if abstracts of the judicial act are published in

accordance with paragraph (b).

(2) The officer who effects notification in terms of

subregulation (1)(a) and (b) shall draw up a certificate of service in

terms of regulation 14.

(3) Copies of the abstracts published as required by the

proviso to subregulation (1)(b) shall be exhibited before the Court by

the Prosecuting Officer and such fact shall be noted down in the Court

proceedings.

(4) Notification effected in terms of subregulation (1) shall, in

all cases, be deemed to have been made three days following the

publication.

Meta persuna li lilha ġie indirizzat att ġudizzjarju, jew

persuna li hija obbligata taċċetta notifika f’isem il-persuna li għaliha

ġie indirizzat l-att ġudizzjarju, tirrifjuta li tirċievih personalment

mingħand uffiċjal inkarigat bin-notifika tal-att ġudizzjarju, dan l-

uffiċjal għandu jħalli l-att ġudizzjarju viċin kemm raġonevolment

possibbli ħdejn il-persuna li tirrifjuta li taċċetta l-att ġudizzjarju u l-

persuna li għaliha l-att ġudizzjarju huwa indirizzat għandha titqies

bħala li ġiet notifikata b’mod regolari fil-jum u l-ħin tar-rifjut tan-

notifika.

(1)(a) Fil-każ li mat-tieni tentattiv li tiġi notifikata l-

persuna, in-notifika tal-att ġudizzjajru ma tistax issir skont ir-

regolamenti 4 u 5, l-uffiċjal inkarigat bin-notifika għandu jħalli t-

taħrika fl-aħħar indirizz reġistrat jew iwaħħal it-taħrika mal-bieb tal-

aħħar indirizz reġistrat

Iżda l-uffiċjal ma jistax iħalli t-taħrika fl-aħħar indirizz

reġistrat jew mwaħħla mal-bieb tal-aħħar indirizz reġistrat sakemm

ma jkunx sar it-tieni tentattiv l-għada jew wara li jiskadi xi perjodu

itwal.

(b)

Barra minn hekk estratti tal-att ġudizzjarju

għandhom jiġu ppubblikati darba fil-Gazzetta jew f’wieħed mill-

ġurnali ta’ kuljum, liema estratti għandu jkun fihom l-isem u l-

kunjom ta’ min wettaq ir-reat, in-numru tad-dokument ta’

identifikazzjoni legalment validu ta’ min wettaq ir-reat, il-Qorti

rispettiva ta’ fejn ser isir is-seduta, id-data u l-ħin ta’ fejn ser issir is-

seduta u l-akkużi

Iżda, jekk l-aħħar indirizz reġistrat ma jkunx

magħruf, għandu jkun biżżejjed u persuna għandha titiqies

bħala notifikata, jekk l-estratti tal-att ġudizzjajru jiġu

ppubblikati skont il-paragrafu (b).

(2) L-uffiċjal li jwettaq in-notifika skont is-subregolament

(1)(a) u (b) għandu jikkompila ċertifikat ta’ notifika skont ir-

regolament 14.

(3) Kopji tal-estratti ppubblikati kif meħtieġ bil-proviso għas-

subregolament (1)(b) għandhom jiġu eżibiti quddiem il-Qorti mill-

Uffiċjal tal-Prosekuzzjoni u dan il-fatt għandu jitniżżel fil-proċeduri

tal-Qorti.

(4) In-notifika li ssir skont is-subregolament (1) għandha, fil-

każijiet kollha, titqies li saret tliet ijiem wara l-pubblikazzjoni.

Regulation 8 shall also apply when notification has not

been effected and it appears to the officer charged with the

notification that one of the persons mentioned in regulation 5 is

present in Malta.

10 . (1)

Notification of subpoenas shall be carried out in

accordance with regulations 4 to 6 and regulation 11

Provided that if a person to whom a subpoena is addressed,

or a person who is obliged to accept notification on behalf of the

person to whom the subpoena is addressed, refuses to receive it

personally from an officer charged with the notification of the

summons, such officer shall leave the subpoena as near as reasonably

possible to the person who refuses to accept the subpoena and such

person may be found guilty of contempt.

(2) The officer charged with the notification shall fill in the

certificate of notification in accordance with regulation 14.

11 . For the purpose of these regulations, service of all the

judicial acts filed or issued by the Court of Magistrates or the

Executive Police shall be carried out by Police officers, and, or by

officers of the Post Office, and, or by Local Wardens, and, or any

other body or persons entrusted with such service by virtue of these

regulations or any other regulations made under the provisions of the

Criminal Code or any other law in accordance with the provisions of

regulations 4 to 6.

12 . Notification of judicial acts shall be executed between

seven o’clock in the morning and seven o’clock in the evening,

between Monday and Saturday, both days inclusive, excluding public

holidays

Provided that where the urgency of the case does not admit

of any delay the persons entrusted with such service may effect the

notification at any other time or day.

(1)

Notifiki ta’ taħrikiet ta’ xhud għandhom isiru skont Notifika ta’

taħrikiet ta’

ir-regolamenti minn 4 sa 6 u r-regolament 11

xhud.

Iżda jekk persuna li lilha t-taħrika ta’ xhud hija indirizzata,

jew persuna li hija obbligata taċċetta notifika f’isem dik il-persuna li

lilha t-taħrika ta’ xhud hija indirizzata, tirrifjuta li tirċieviha

personalment mingħand uffiċjal inkarigat bin-notifika tat-taħrika, dak

l-uffiċjal għandu jħalli t-taħrika ta’ xhud viċin kemm raġonevolment

possibbli ħdejn il-persuna li tirrifjuta t-taħrika ta’ xhud u dik il-

persuna tista’ tinstab ħatja ta’ disprezz tal-qorti.

(2) L-uffiċjal inkarigat bin-notifika għandu jimla’ ċ-ċertifikat

tan-notifika skont regolament 14.

Għall-finijiet ta’ dawn ir-regolamenti, in-notifika tal-atti Persuni

ġudizzjarji kollha ppreżentati jew maħruġa mill-Qorti tal-Maġistrati msemmija

sabiex

jew mill-Pulizija Eżekuttiva għandhom isiru mill-uffiċjali tal-Pulizija jeffettwaw in-

notifika.

u, jew mill-uffiċjali tal-Uffiċċju tal-Posta, u, jew mill-gwardjani

lokali, u, jew, minn kwalunkwe korp jew persuni oħra inkarigati bin-

notifika bis-saħħa ta’ dawn ir-regolamenti jew regolamenti oħra

magħmula skont id-dispożizzjonijiet tal-Kodiċi Kriminali jew xi liġi Kap. 9.

oħra skont id-dispożizzjonijiet tar-regolamenti 4 sa 6.

In-notifika ta’ atti ġudizzjarji għandha ssir bejn is-sebgħa Ħinijiet tan-

notifika.

ta’ filgħodu u s-sebgħa ta’ filgħaxija, bejn it-Tnejn u s-Sibt, iż-żewġ

ġranet inklużi, esklużi l-btajjel pubbliċi

Iżda meta l-urġenza tal-każ ma tippermetti ebda dewmien

il-persuni inkarigati bin-notifika jistgħu jagħmlu n-notifika f’kull ħin

u f’kull jum ieħor.

(1)

The Minister may appoint an authorised server for Authorised

the purpose of carrying out duties in or connected with the delivery of server.

summons and, or other judicial acts, which duties shall be carried out

in accordance with the conditions listed in the authorisation

appointing the authorised server therewith.

(2) The Minister shall verify that the person who is to be

appointed as an authorised server and any person who is employed

with the authorised server and who has the effective control of the

services to be provided by the person who is to be appointed as the

authorised server

(a)

has not been convicted in Malta or elsewhere of

any crime of wilful homicide or of grievous bodily harm or any

crime against property aggravated by an amount exceeding two

thousand and four hundred (€2,400) or by violence or any crime

against public trust or any other serious crime; or

(b)

has not been declared bankrupt or his financial

position is precarious or otherwise renders the applicant

unsuitable; or

(c)

has not been discharged from the Police or armed

forces or the prison services because of any offence or other

misbehaviour; or

(d)

is not a public officer other than one who belongs

to a grade or category as may be prescribed by the Minister, or a

member of the Police, or armed forces, or the prison services; or

(e)

has been convicted in Malta or elsewhere of a

crime against the person or against property and the application

is made within five years from the commission of the crime.

(3) No person shall operate, act or offer his services as an

authorised server, unless such person is authorised in accordance with

the provisions of these regulations. Nor may such person employ,

engage or permit the use of the service of a server unless such service

is provided by a qualified server. For the purpose of these regulations,

"server" shall mean an individual whose services are rendered in the

provision of authorised server services.

(4) It shall not be lawful to employ, engage or permit the use

of the service of a server unless the server is operating through the

authorised server duly authorised in accordance with these

regulations.

(1)

The officer charged with the notification of the

summons shall, draw up a certificate of notification stating the name

and surname of the person on whom service was effected and, if the

summons was not served directly on the person on whom service was

to be effected, the name and the surname of the person to whom the

summons was delivered. The officer shall also note down the place

where the summons was served, and the date and time when the

summons was served

Provided that if the person refuses to accept the summons

in terms of regulation 5 the officer shall also note down the fact

together with the circumstances of such refusal, on the certificate of

notification

Provided also if notification is effected in terms of

regulation 8(1)(b) it shall be sufficient if the officer, on the certificate

of notification, states and confirms the place, day and time he

attempted notification

Provided further that if the judicial act is delivered, in

respect of a person at one of the places referred to in regulation

4(1)(b) and, in respect of a body corporate or incorporate at one of the

places referred to in regulation 5(a) or (b), the person to whom the

summons was delivered refuses to identify himself, and the officer

charged with the service is satisfied that the person who refuses to

receive and, or identify himself is of age and of sound mind, it shall

be sufficient if, on the certificate of notification, the officer notes

down the facts of the case, the date and time when notification was

effected and the place where notification was effected

Provided finally, for the purpose of this provision, delivery

in terms of regulation 5(b) shall be limited to the procedure stipulated

in regulation 4(1)(b).

(2) The officer charged with the notification of the summons

may also, on the certificate of notification, note down any other

relevant remarks.

15 . The officer charged with the service shall draw up the

certificate of notification using the form prescribed in the Schedule 2.

L-uffiċjal inkarigat bin-notifika għandu jikkompila ċ-

ċertifkat tan-notifika skont il-formula preskritta fl-Iskeda 2.

The certificate of notification shall be deemed to be proof

of its own contents unless otherwise proven by any party in the

proceedings and such proof provided by the contending party appears

justified prima facie to the Court.

Nothing contained in these regulations shall be construed Regulations not

inconsistent

to be inconsistent with the provisions of the Criminal Code.

with Criminal

Code.

Schedule 1

(Regulation 3)

Court of Magistrates (Malta) as presided by

Magistrate Dr. Francesco Depasquale

Schedule 2

(Regulation 15)

FRONT

Date: ..............................................................................................

Hearing : ........................................................................................

Contravention No: ..........................................................................

Summons No: ................................................................................

Served to: (name) ..........................................................................

Address: .........................................................................................

DELIVERED

Name and surname of the receiver: ................................................

Date and time: ...............................................................................

Place delivered (if different from the above)

I, ..............................................................................................

the undersigned, hereby confirm that all the above is correct.

Signature of Official: .....................................................................

Date: ..............................................................................................

BACK

NO ANSWER

1. Date and time: ...........................................................................

1. Place: ........................................................................................

2. Date and time: ...........................................................................

2. Place: ....................................................................................

Because of the fact that nobody replied

I left the summons

I affixed the summons to the door

at the last registered address, which is: ...........................................

Date and time: ................................................................................

REFUSED

Date and time: ................................................................................

Place: ............................................................................................

Although the summons was refused, I have left it at the address

mentioned in the summons which is: ..............................................

Date and time: ................................................................................

Other remarks: ...............................................................................

I, .....................................................................................................

the undersigned, hereby confirm that all the above is correct.

Signature of Official: .....................................................................

Date and time: ................................................................................

€1.08