ARMED FORCES OF MALTA SUMMARY JURISDICTION REGULATIONS

SUBSIDIARY LEGISLATION 220.05

ARMED FORCES OF MALTA SUMMARY

JURISDICTION REGULATIONS

16th October, 1970

LEGAL NOTICE 98 of 1970, as amended by Legal Notices 104 of 1970,

38 of 1973, 40 of 1975 and 411 of 2007.

The title of these regulations is the Armed Forces of Malta

Summary Jurisdiction Regulations.

(Regulations 9, 10, 16 and 17)

Table of civil offences which may be dealt with summarily by

commanding officers and appropriate superior authorities

1. Contravention against the person.

2. Careless or reckless or dangerous driving of any kind of

vehicle.

3. Taking any kind of vehicle without having the consent of

the owner or other lawful authority or, knowing that a vehicle has

been so taken, driving it or allowing himself to be carried in it or on

it, or attempting to commit any of these offences.

4. Wilful damage to property where the amount of damage

does not exceed fifty-eight euros and twenty-three cents (58.23).

In these regulations -

"detachment" means part of a unit which is so separated from the

unit to which it belongs that the commanding officer of that unit

cannot effectively exercise his disciplinary powers as commanding

officer over it;

"subordinate commander", except where otherwise expressly

provided, means the officer commanding a squadron, battery,

company or equivalent sub-unit, or any officer appointed to be a

subordinate commander by the commander;

"unit", except where otherwise expressly provided, means either

any independent portion of a corps which is not higher in the corps

organisation than a battalion or its equivalent or any equivalent

body of troops;

"the Act" means the Malta Armed Forces Act,

and other expressions have the same meanings as they have in the

Act.

Any appointment of an officer to be a commanding officer

or a subordinate commander -

(a) may be made subject to restrictions, reservations,

exceptions or conditions;

(b) may designate the officer by name, by reference to any

appointment or office held by him, or by reference to a

class of officers of which the officer appointed is a

member, and shall, unless otherwise specified, extend

to any officer for the time being performing the duties

of the officer so named, or holding, or acting in the

place of the holder of, that appointment or office, or

acting in the place of a member of that class;

(c) may be made in relation to a particular person or to

any class or group of persons, or for a particular case

or for a class of cases;

(d) may be varied or revoked, either wholly or in part, by

the authority by whom it was made, by his successors

or by any authority superior in command.

Except where otherwise expressly provided in these

regulations, the commanding officer of a person subject to military

law who is charged with an offence is either -

(a) the officer who has been appointed by higher authority

to be commanding officer while able effectively to

exercise his powers as such; or

(b) where no appointment has been made as aforesaid the

officer who is, for the time being, in immediate

command of the unit to which the accused belongs or

is attached or any detachment with which the accused

is for the time being serving and who is directly

responsible in disciplinary matters to an officer

empowered to convene a district court martial to try a

soldier belonging to or attached to that unit or who is

serving with that detachment, as the case may be.

Where a unit or detachment is placed for disciplinary

purposes under command of the commanding officer of another

unit or detachment, that officer is the commanding officer of a

member of the unit or detachment so placed under his command

who is charged with an offence, and the officer commanding of the

latter unit or detachment is a subordinate commander for the

purposes of these regulations.

(1) Subject to regulation 14, an officer who is a

commanding officer within the meaning of regulation 4 or 5 may

delegate to a subordinate commander whatever his rank may be,

who is under his command and directly responsible to him in

disciplinary matters, the power to investigate and deal summarily

with charges with which he himself may so deal under regulation 9

Provided that such delegation shall not include

(a) the power to remand the accused for trial by

court-martial; and

(b) the power to order the taking of a summary of

evidence or the making of an abstract of evidence.

(2) When a commanding officer delegates the power to

investigate and deal summarily with charges in accordance with

sub-regulation (1) he may, in addition to the restrictions imposed

by regulation 14, impose such further restrictions as seem to be

proper upon the exercise of that power by the officer to whom it is

delegated.

(3) When a subordinate commander is dealing with a charge

against a non-commissioned officer or a soldier and the accused

elects to be tried by court-martial in accordance with article 84(6)

of the Act, the subordinate commander shall not deal further with

the charge himself, but shall order that the accused shall be brought

before the commanding officer who delegated to him the power to

investigate the charge.

An officer who has had delegated to him by his

commanding officer in accordance with regulation 6(1) power to

investigate and deal summarily with charges is, while exercising

such power in respect of any person, the commanding officer of

that person for the purposes of the Act.

The commanding officer of a civilian who is charged with

an offence and to whom Parts III and IV of the Act apply by virtue

of article 179 thereof is such officer, not below the rank of

lieutenant-colonel as may be appointed for the purpose by the

officer, not below the rank of colonel, commanding the body of

troops with which, or the command or other area, garrison or place

in which, the civilian is for the time being.

A commanding officer may deal summarily with a charge

under any of the following articles of the Act: 38(3); 42; 43(c); 46;

47(2); 48; 49; 51; 52; 53; 54; 55(1)(a); 56; 57(1)(c), (d), (e), (f);

58(c); 59; 60; 61(2); 62; 63; 66; 67(a), (b); 70(b); 73 (where the

principal offence can be dealt with summarily by virtue of this

regulation) 74 and 75 (where the civil offence is one which is

specified in the Schedule to these Regulations).

(1) Subject to sub-regulation (2) a commanding officer

shall not award -

(a) the punishment of detention where the charge is laid

under article 75 of the Act and the civil offence is one

referred to in paragraph 2 of the Schedule;

(b) the punishment of stoppages exceeding fifty-eight

euros and twenty-three cents (58.23) without

permission from higher authority.

(2) The restriction imposed by sub-regulation (1)(a) shall not

apply if the accused has previously been found guilty of such an

offence or has previously been convicted of the corresponding civil

offence.

(1) After an acting warrant officer or an acting

non-commissioned officer has been ordered by his commanding

officer to revert to his permanent rank or to assume an acting rank

either in accordance with article 84(5) of the Act or with

regulations made under article 4 of the Act, his commanding officer

shall not without permission of higher authority award him any

punishment in respect of an offence which he had committed before

he was ordered so to revert or, as the case may be, to assume a

lower acting rank.

(2) After a lance-corporal or lance-bombardier has been

ordered by his commanding officer to be reduced to the ranks either

in accordance with article 84(4) or (5) of the Act or with

regulations made under article 4 of the Act, his commanding officer

shall not without permission of higher authority award him any

punishment in respect of an offence which he had committed before

he was ordered so to be reduced.

(1) Subject to sub-regulation (2), a commanding officer

who is below field rank shall not award detention for a period

exceeding seven days.

(2) A commanding officer who is a captain may award

detention -

(a) for periods up to but not exceeding twenty-eight days

if he has been authorised to do so by the Commander;

(b) for periods up to but not exceeding fourteen days if he

has been authorised to do so by an officer in command

not below the rank of colonel under whose command

he is.

(1) When the officer commanding a detachment is below

field rank, he may be restricted from exercising all or any of his

powers as a commanding officer either by the officer commanding

the unit to which the detachment belongs, if such unit is in the same

command, or by higher authority, if it appears necessary to do so,

having regard to the rank and experience of the officer

commanding the detachment.

(2) Where an officer commanding a detachment has had his

powers restricted in accordance with sub-regulation (1), he may,

notwithstanding such restrictions, exercise his full powers as

commanding officer if it becomes necessary for him to do so for the

maintenance of discipline, but if he does so exercise his full powers

he shall immediately report his action to the officer or higher

authority who restricted him from exercising that authority.

(1) A subordinate officer to whom a power to investigate

and deal sum marily with charges has been delegated under

regulation 6(1) shall not award a punishment against a non-

commissioned officer above the rank of corporal.

(2) Subject to sub-regulation (1) and to any restriction which

may be imposed by the commanding officer under regulation 6(2),

a subordinate commander may award one or more of the following

punishments

(a) a fine not exceding the aggregate of seven days’ pay;

(b) in the case of a non-commissioned officer, reprimand;

(c) where the offence has occasioned any expense,

stoppages not exceeding eleven euros and sixty-five

cents (11.65);

(d) any minor punishment for the time being authorised by

or under the Act.

In addition to the persons who may act as additional

superior authority under article 88(2) of the Act, an officer having

the power to convene general courts-martial may act as appropriate

superior authority in relation to a person subject to military law

charged with an offence.

An appropriate superior authority may deal summarily with

a charge against an officer or warrant officer under any of the

following articles of the Act: 38(3); 42; 43(c); 46; 47(2); 48; 49;

51; 52; 53; 54; 55(1)(a); 56; 57(1)(c), (d), (e), (f); 58(c); 59; 60;

61(2); 62; 63; 66; 67(a), (b); 70; 73 (where the principal offence

can be dealt with summarily by virtue of this regulation); 74 and 75

(where the civil offence is one which is specified in the Schedule to

these Regulations).

(1) Subject to sub-regulations (2) and (3), any officer who

is authorised by article 88(2) of the Act or by regulation 15 to act as

appropriate superior authority in relation to an officer or warrant

officer may act as appropriate superior authority in relation to a

civilian who is charged with an offence and who is subject to Parts

III and IV of the Act under article 179(1) or (2) thereof.

(2) In the case of a civilian who is subject to Parts III and IV of

the Act under article 179(1) thereof, an appropriate superior

authority may deal summarily with a charge under any of the

following articles of the Act: 38(3); 42; 43(c); 46; 47(2); 48; 49;

51; 52; 53; 54; 55(1)(a); 56; 57(1)(c), (d), (e), (f); 58(c); 59; 60;

61(2); 62; 63; 67(a), (b); 73 (where the principal offence can be

dealt with summarily by virtue of this sub-regulation); 74 and 75

(where the civil offence is one which is specified in the Schedule to

these Regulations).

(3) In the case of a civilian who is subject to Parts III and IV of

the Act under article 179(2) thereof, an appropriate superior

authority may deal summarily with a charge under any of the

following articles of the Act: 42(3); 48; 49; 62; 63; 73 (where the

principal offence can be dealt with summarily by virtue of this sub-

regulation); and 75 (where the civil offence is one which is

specified in the Schedule to these Regulations).