COURT PRACTICE AND PROCEDURE AND GOOD ORDER (CRIMINAL CODE) RULES OF COURT (criminalcode)

SUBSIDIARY LEGISLATION 9.11

COURT PRACTICE AND PROCEDURE AND

GOOD ORDER (CRIMINAL CODE)

RULES OF COURT

11th November, 2008

LEGAL NOTICE 280 of 2008, as amended by Legal Notice 336 of 2008.

The title of these rules is the Court Practice and Procedure

and Good Order (Criminal Code) Rules of Court.

Part I - Postponement of Trials

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

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

(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

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

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

time 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

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

the European Communities. The reference shall identify as clearly,

succinctly and simply as the nature of the case permits the question

to 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 or

trousers 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, 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 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

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.