The Law Courts’ mission is “to provide both the public and the judiciary effective and efficient services, structures and know-how to enable the public to understand, follow and be informed of the judicial processes in which they may be involved and to provide the judiciary with the necessary staff, tools and services in order that they may dispense justice properly and efficiently.”
The Administration of the Court Services Agency is the responsibility of the Chief Executive Officer, but the legal responsibility for the implementation of judicial orders is placed on the Registrar of Courts. There is, consequently, a clear divide between administrative and legal roles.
There are three registrars namely, the Registrar, Civil Courts and Tribunals, the Registrar, Criminal Courts and Tribunals and the Registrar, Gozo Courts and Tribunals. The Registrars of the Courts are responsible for the registries and the officers attached to them, the filing and service of judicial acts, registration of sitting minutes, execution of executive titles, such as judgements, and warrants through Court appointed marshals, judicial sales by auction, trials by jury and other criminal court procedures.
The Court Services Agency cater for all civil and criminal proceedings. There are also ten Local Tribunals in Malta and Gozo which deal with depenalised offences.
The jurisdiction of the Constitutional Court, composed of three judges. It is appellate in cases involving alleged violations of human rights, the interpretation of the Constitution and invalidity of laws. It has original jurisdiction to decide questions as to membership of the House of Representatives and any reference made to it relating to voting for election of members of the House of Representatives.
This Court is composed of three judges when it hears appeals from the judgements of the Civil Court, and of one judge when it hears appeals from the Court of Magistrates in its civil jurisdiction. An appeal also lies to the Court of Appeal from decisions of a number of administrative tribunals, mostly on points of law.
The Court of Criminal Appeal in its superior jurisdiction is composed of three judges and is competent to decide on appeals from from decisions of the Criminal Court. A person convicted on indictment may appeal against his conviction in all cases or against the sentence passed on his conviction unless the sentence is one fixed by law. An appeal by the accused can never result in a sentence of greater severity. An accused person may also appeal against a verdict of not guilty on the ground of insanity. In certain cases the Court may also order a re-trial. The Attorney General, who is the prosecutor before the Criminal Court, can appeal from a verdict of acquittal or, in certain cases, against the sentence passed. The Court also hears appeals by the accused and by the Attorney General from decisions on preliminary pleas and from decisions of pleas regarding the admissibility of evidence.
This Court of Criminal Appeal in its inferior jurisdiction is composed of one judge and decides on appeals from judgements delivered by the Court of Magistrates as a Court of Criminal Judicature. In this case the person convicted can also appeal in all cases, whether against conviction or against the quality and quantum of punishment. The Attorney General’s right of appeal from these judgements is limited in cases of appeals from decisions of the Court of Magistrates as a Court of Criminal Judicature in its ordinary competence but has otherwise unfettered right of appeal in other cases.
In trials by jury the Criminal Court is composed of one judge and a jury of nine ordinary persons. It has the competence to decide on cases which exceed the competence of the Court of Magistrates as a Court of Criminal Judicature. In certain cases the Court may also sit without an empanelled jury.
There shall be four sections in the Civil Court to which shall be assigned the category of cases. The sections of the Civil Court shall be the Family Section, the Commercial Section, the Voluntary Jurisdiction Section (previously known as the Second Hall) and the a general jurisdiction section to be styled the First Hall of the Civil Court. One Judge presides in all four Sections.
The First Hall takes cognisance of all causes of a civil and commercial nature exceeding the jurisdiction of the Courts of Magistrates. Of particular importance is that it takes cognisance of all applications for redress in respect of alleged violations of human rights and fundamental freedoms protected by both the Constitution of Malta and by the European Convention of Human Rights. This Convention is part of the Laws of Malta since 1987.
To the Civil Court (Family Section) shall be assigned those cases falling within the competence of the Civil Court and which relate to matters regulated by Titles I, II and IV of Book First of the Civil Code; The Maintenance Orders (Facilities for Enforcement) Ordinance; The Maintenance Ordinance (Reciprocal Enforcement) Act; The Marriage Act and The Child Abduction and Child Custody Act.
Cases which relate to matters regulated by the Companies Act shall be assigned to the Civil Court (Commercial Section). This Court shall sit in both Malta and Gozo.
To the Civil Court (Voluntary Jurisdiction Section) shall be assigned applications falling within the competence of the Civil Court and which relate to matters regulated by Titles III, V, VI and VII of the Book First of the Civil Code and Part II of Book Second of the Code of Organisation and Civil Procedure. These areas include authority to proceed the tutorship of minors, adoption, the interdiction and incapacitation of persons, the opening of successions and the confirmation of testamentary executors.
This Court, which is composed of one Magistrate, exercises both a civil and a criminal jurisdiction.
The Court of Magistrates, in civil matters, has an inferior jurisdiction of first instance, limited to claims exceeding €5,000 but not exceeding €15,000. In criminal matters, the Magistrates’ Court has a two-fold competence, either as a Court of Criminal Judicature or as a Court of Criminal Inquiry. The competence of the Court is determined by the punishment that a particular offence carries with it. In the case of offences that carry two years imprisonment or less, these fall within the original competence of the Court, with respect to offences which carry more than two years and less than twelve years, these fall within what is known as the extended competence of the Court. The Magistrates’ Court is also involved in the compilation of evidence in cases which exceed its competence, however in this case, the Magistrate’s Court is only responsible for compiling the evidence, as judgement is then reserved for a higher court.
There is a Magistrates’ Court for the Island of Malta and one for Gozo and Comino.
The Juvenile Court consists of a Magistrate, as Chairman, and two members. Sittings are held outside Valletta, namely in Sta. Venera. The Courts hears charges against, and holds other proceedings relating to minors under the age of 18 years, and may also issue Care Orders in their regard. Given the confidential nature of such sittings, attendance to hearings is restricted to persons mentioned in the law establishing the Court.
The Court of Magistrates for Gozo in civil matters, has a two-fold Jurisdiction – an inferior jurisdiction comparable to that exercised by its counterpart Court in Malta, and a superior jurisdiction, both civil and commercial, in respect of causes which in Malta are cognisable by the First Hall of the Civil Court. Within the limits of its territorial jurisdiction, this Court has also the powers of a Court of voluntary jurisdiction.