METHODS OF SERVICE OF JUDICIAL ACTS REGULATIONS

SUBSIDIARY LEGISLATION 9.22

METHODS OF SERVICE OF JUDICIAL ACTS

REGULATIONS

22nd September, 2014

LEGAL NOTICE 335 of 2014, as amended by Legal Notices 187 of 2015

292 and 437 of 2018 and 106 of 2019.

The title of these regulations is the Method of Service of

Judicial Acts Regulations.

In these regulations, unless the context otherwise requires -

' ' c o m m u n i t y o ff i c e r ' ' m e a n s a n y p e r s o n d u l y l i c e n s e d i n

accordance with article 14 of the Private Guards and Community

Officers Act;

"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;

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

community officers, 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

m an a g e m e n t a n d , o r t h e m ai n d e a l i n g s o f t h e b u s i n e s s a r e

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,

n o t i f i c a t i o n o n s u c h b o d y s h a l l b e e ff e c t e d b y l e a v i n g t h e

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

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

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.

Where a person to whom a judicial act is addressed, or a

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

to 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.

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

person, notification of the judicial act cannot be

effected in terms of regulations 4 and 5, the officer

charged with the notification shall 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 sub-regulation (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 sub-regulation (1) shall, in

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

publication.

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.

(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

s u m mo ns , such o ffi c e r sh a l l leave the subpoena as near a s

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.

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 Community Officers, 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.

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) The Minister may appoint an authorised server for the

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

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.

The officer charged with the service shall draw up the

certificate of notification using the form prescribed in the Schedule

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

to be inconsistent with the provisions of the Criminal Code.

METHOD OF SERVICE OF JUDICIAL ACTS

Schedule 1

Substituted

L.N. 187 of 2015;

(Regulation 3)

L.N. 292 of 2018;

L.N. 437 of 2018;

L.N. 106 of 2019.

Court of Magistrates (Malta) as presided by

Magistrate Dr. Joe Mifsud

Court of Magistrates (Malta) as presided by

Magistrate Dr. Caroline Farrugia Frendo

Court of Magistrates (Malta) as presided by

Magistrate Dr. Astrid May Grima

Court of Magistrates (Malta) as presided by

Magistrate Dr. Victor George Axiak

Schedule 2

(Regulation 15)

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: ................................................................................