CRIMINAL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR GENERAL (COURTS) AND OTHER (courts)

SUBSIDIARY LEGISLATION 9.09

CRIMINAL PROCEDURE (REGULATION OF

REGISTRIES, ARCHIVES AND FUNCTIONS OF

DIRECTOR GENERAL (COURTS) AND OTHER

COURT EXECUTIVE OFFICERS) REGULATIONS

30th March, 2004

LEGAL NOTICE 138 of 2004, as amended by Legal Notices 47 of 2008

and 300 of 2019, 80 and 508 of 2021 and 359 of 2022.

The title of these regulations is the Criminal Procedure

(Regulation of Registries, Archives and Functions of Director

General (Courts) and Other Court Executive Officers) Regulations.

Regulations 2 (other than the definition of the expression

"Code"), 3, 7, 8, 9, 10 and 11(3), (4), (5), (6) and (8) of the Civil

Procedure (Regulation of Registries, Archives and Functions of

Director Courts (Gozo) and other Court Executive Officers)

Regulations, shall mutatis mutandis apply to the courts of criminal

justice sohowever that the words "Director, Civil Courts and

Tribunals", wherever they occur in the said Civil Procedure

(Regulation of Registries, Archives and Functions of Director

General (Courts) and Other Court Executive Officers) Regulations,

shall be read and construed as a reference to the "Director Criminal

Courts and Tribunals" and the words "Registrar, Civil Courts and

Tribunals", wherever they occur in the said regulations of the Civil

Procedure (Regulation of Registries, Archives and Functions of

Director Courts (Gozo) and other Court Executive Officers)

Regulations, shall be read and construed as a reference to the

"Registrar, Criminal Courts and Tribunals".

(1) In Malta, the courts of criminal jurisdiction shall have

one registry. The Registry shall be titled "Registry of the Courts of

Criminal Jurisdiction, Malta" and shall be placed at the Courts of

Justice Division in Valletta.

(2) The Registry of the Courts of Criminal Jurisdiction, Malta

shall be competent to receive all judicial acts, written pleadings and

other documents which, are to be filed before -

(a) the Court of Criminal Appeal, in its superior and

inferior jurisdiction;

(b) the Criminal Court;

(c) the Court of Magistrates (Malta);

(d) the Juvenile Court;

(e) the Commissioners for Justice;

(f)

any other court or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms

of any law, be filed in the Registry of the Criminal

Courts and Tribunals, Malta; and

(g) the inquiring magistrate in the record of any inquiry

relating to an in genere, an inquest or a repertus

conducted by a Magistrate of the Court of Magistrates

(Malta) or of the Court of Magistrates (Gozo) in

accordance with the provisions of Title II of Part II of

Book Second of the Criminal Code.

(3) The Registry of the Courts of Criminal Jurisdiction, Malta

shall be under the responsibility of the Registrar, Criminal Courts

and Tribunals.

(4) The Registry of the Criminal Courts and Tribunals, Malta

may be divided into Sections as the Registrar, Criminal Courts and

Tribunals may determine and such Registry shall be competent to

receive judicial acts, written pleadings and other documents as may

be established by law.

(1)

There shall be an electronic mechanism by which

the judicial acts indicated in the Schedule may be filed online in the

courts referred to in the Schedule.

(2)

These regulations apply only to judicial acts indicated in

the electronic mechanism referred to in sub-regulation (1).

(3)

Any lawyer, prosecutor in the Attorney General's Office

and member of the Police Force who wishes to file a judicial act, as

indicated in these regulations, in criminal courts online may do so by

filing the same judicial act online through an appropriate site and by

paying the fee prescribed by law.

(4)

The magistrate conducting an inquiry relating to an in

genere, an inquest or a repertus shall, for the purposes of these

regulations, be considered as a court and the provisions of these

regulations shall apply to such magistrate in the same manner as they

apply to the Court of Magistrates (Malta) and to the Court of

Magistrates (Gozo) without prejudice to the provisions of the

Schedule.

(1)

The registrar or his delegates may receive judicial

acts, as indicated in these regulations filed online.

(2)

The registrar shall issue a copy of the judicial acts filed

online and the copy so issued by the registrar shall be deemed for all

purposes and effects of law to be the original.

(3)

Judicial acts filed online shall be considered for all

purposes and effects of law as if they were filed directly in the register

of the same courts

Provided that where a judicial act is filed online outside the

opening hours of the register, that judicial document shall be deemed

to have been filed on the first day following the opening of the same

register.

(1) In Gozo, the courts of criminal jurisdiction shall have

one registry. The Registry shall be titled "Registry of the Courts of

Courts of Criminal Jurisdiction, Gozo" and shall be placed at the

Gozo Courts in Gozo.

(2) The Registry of the Courts of Criminal Jurisdiction, Gozo

shall be competent to receive all judicial acts, written pleadings and

other documents which in accordance with any law are to be filed

before -

(a) the Court of Criminal Appeal, inferior jurisdiction,

hearing appeals from the Court of Magistrates (Gozo)

as a Court of Criminal Judicature;

(b) the Court of Magistrates (Gozo);

(c) the Juvenile Court;

(d) the Commissioners for Justice; and

(e) any other court or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms

of any law, be filed in the Registry of the Civil Courts

and Tribunals, Gozo.

(3) The Registry of the Courts of Criminal Jurisdiction, Gozo

shall be under the responsibility of the Registrar, Gozo Courts and

Tribunals.

(4) The Registry of the Civil Courts and Tribunals, Gozo may

be divided into Sections as the Director, Gozo Courts and Tribunals

may deterrnine and such Registry shall be competent to receive

judicial acts, written pleadings and other documents as may be

established by law.

(1)

Saving the provisions of regulations 3 and 4, a

judicial act or a written pleading may be filed in the registry of the

Criminal Courts and Tribunals, Malta, for onward transmission by the

registrar of that court to the registrar of the Gozo Courts and Tribunals,

Gozo indicated in the judicial act or written pleading.

(2)

It shall be sufficient for all purposes of law for a copy of

a judicial act or written pleading to be electronically transmitted to the

registrar Gozo Courts and Tribunals indicated in the judicial act or

written pleading.

(3)

The registrar receiving the electronically transmitted

copy as aforesaid, shall acknowledge its receipt by return e-mail to the

registrar sending the scanned copy of the judicial act or written

pleading.

(4)

If it is required that an officer effects service of the

electronic copy of a judicial act or written pleading as aforesaid, the

officer shall deliver to the registrar of the Courts and Tribunals, Gozo,

the certificate of service, duly confirmed on oath before the registrar

himself who shall transmit it to the registrar, Criminal Courts and

Tribunals in Malta indicated in the judicial act or written pleading and

vice-versa. Such delivery may also be made by electronic means and

the registrar receiving the certificate of service as aforesaid shall

acknowledge its receipt by return e-mail to the registrar sending the

certificate of service.

(5)

The provisions of sub-regulations (1) to (4), both

inclusive, shall mutatis mutandis apply when a judicial act or a written

pleading is filed in the registry of the Gozo Courts and Tribunals for

onward transmission to the Criminal Courts and Tribunals in Malta

indicated in the judicial act or written pleading.

(6)

The date of filing shall be the date when the judicial act

or written pleading was first filed in the registry of the Criminal Courts

and Tribunals, Malta and not when the judicial act or written pleading

was received by the registry of the Gozo Courts and Tribunals and

vice-versa.

(1) The Registrar, Criminal Courts and Tribunals and the

Registrar, Gozo Courts and Tribunals shall have respectively the

direction of the registries mentioned in regulations 3 and 4 and

shall execute the duties entrusted to them by law in accordance

with the provisions of the law and the directions given to them by

the courts and tribunals and shall not act under the direction of any

other person or authority.

(2) In performing their administrative functions, the Registrar,

Criminal Courts and Tribunals and the Registrar, Gozo Courts and

Tribunals shall report to the Director General (Courts).

(1) There shall be one archive located in Valletta for all

acts presented in the Registry of the Courts of Criminal Jurisdiction

in Malta, which archive shall be separate from the archive for civil

acts and which shall be under the responsibility of the Registrar,

Criminal Courts and Tribunals.

(2) There shall be one archive located in Gozo, for all acts

presented in the Registry of the Courts of Criminal Jurisdiction in

Gozo.

Notwithstanding the foregoing provisions of these

regulations, the Director General or any person authorised by him

under these regulations, in the exercise of his functions thereunder,

shall ensure that he does not interfere in any manner in the exercise

of judicial functions by the members of the judiciary and, should

this be the case, the Chief Justice shall, by written notice under his

hand and in terms of this regulation, overrule any such decision of

the Director General; and, in doing so, the Chief Justice may give

such directions to the Director General or to any delegate thereof

which might appear to the Chief Justice to be in the interests of the

better administration of justice in the instant case.

Schedule

Added by

L.N. 80 of 2021.

(regulation 3A)

Amended by

L.N. 359 of 2022.

Courts

Judicial Act

Court of Magistrates (Malta) as a Court of

Applications

Criminal Judicature

Replies

Notes

Court of Magistrates (Gozo) as a Court of

Notes of submissions

Criminal Judicature

Court of Magistrates (Malta) as a Court of

Applications

Criminal Inquiry

Replies

Notes

Court of Magistrates (Gozo) as a Court of

Notes of submissions

Criminal Inquiry

Extensions

Inquiries relating to an in genere, an

Applications

Replies

inquest or a repertus conducted by a

Notes

magistrate of the Court of Magistrates

(Malta) or of the Court of Magistrates

(Gozo) in accordance with the provisions

of Title II of Part II of Book Second of

the Criminal Code

Criminal Court

Applications

Replies

Note of pleas

Notes of submissions

Indictments

Court of Criminal Appeal (Inferior

Appeal applications

Jurisdiction)

Applications

Replies

Notes

Notes of Submissions

Court of Criminal Appeal (Superior

Appeal applications

Jurisdiction)

Applications

Replies

Notes

Notes of Submissions