Commissioners for Justice in the Regional Tribunals
What is the role of a
Commissioner for Justice?
The role of a Commissioner for Justice is designed to
alleviate the burden on higher courts by handling less serious cases
efficiently, thus contributing to the overall effectiveness of the judicial
system in Malta.
The Commissioners for Justice Act in the Laws of Malta establishes
the role and responsibilities of a Commissioner for Justice. In accordance with
this Act, the duties and functions of a Commissioner for Justice are:
Hearing and Deciding on Minor Offences: Commissioners for
Justice are responsible for hearing and deciding cases involving minor
offences, often referred to as contraventions, and/or offences that have been
depenalised. These typically include petty crimes and regulatory offences.
Imposing Penalties: Commissioners for Justice have the
authority to impose penalties for the offences they adjudicate. Such penalties
may include fines, warnings and/or other sanctions as specified by law.
What types of cases are presided by Commissioners for Justice?
Commissioners for Justice in Malta handle cases typically involving minor offences, which can span various domains, including education, drugs, traffic and other areas. Here are some examples of the types of cases they may preside:
Education:
Truancy: cases involving minors not attending school as required by law;
Disruptive behaviour: minor incidents of disruptive behaviour in educational institutions that do not rise to the level of serious criminal offences
Drugs:
Possession of relatively small amounts of drugs according to law – cases involving the possession of small quantities of controlled substances in accordance with the law, intended for personal use and not for trafficking;
Use of drugs: instances of drug use in public and/or private places, particulary when it involves small amounts according to law and first-time offenders
Traffic:
Traffic violations: infractions such as over-speeding, illegal parking, and failure to use seat belts, among others
Other Areas:
Public order offences: disturbances such as noise complaints, disorderly conduct, and minor vandalism
Environmental violations: breaches of environmental regulations, such as littering, illegal dumping of waste, or minor pollution offences
In addition to the examples provided, Commissioners for Justice in Malta may preside over a broader range of relatively minor offences as specified by Maltese law. The examples mentioned above, related to education, drugs, traffic, and other areas, serve as common instances, but their jurisdiction is not limited to these types of cases and examples provided.
The Commissioners for Justice are empowered to handle various relatively minor infractions according to law that are deemed suitable for their level of adjudication. This includes, but is not limited to, offences that do not involve serious harm, significant property damage, or complex legal issues. The goal is to provide a swift and efficient resolution for cases less serious than those presided by the higher courts, ensuring that the latter can focus more on the more serious cases.
Therefore, while the examples provided give a general idea of the types of cases that are handled by Commissioners for Justice, they may preside other relative cases in accordance with the legal provisions established under the Laws of Malta.
The presiding of Drugs-Related Cases by the Commissioner for Justice
One significant area within the jurisdiction of the Commissioner for Justice is drugs-related cases. These cases typically involved relatively minor offences in light of the law, normally concerning drug possession and use in small quantities, aiming to address them promptly whilst alleviating the burden on higher courts.
The idea in Malta of this tribunal is not only to adjudicate but most importantly to help prevent individuals, especially minors, from falling into the habit of drug addiction. For those already affected by such addiction, the tribunal may help serve as a crucial tool to support and facilitate recovery and rehabilitation. In this manner, the tribunal has a preventive and rehabilitative focus, and may provide avenues for prevention, rehabilitation and support.
This regional tribunal overseen by the Commissioner for Justice aims to:
- Prevent Addiction: supporting early intervention to prevent individuals, especially minors, from developing substance abuse issues;
- Support Recovery: for those already experiencing addiction, the tribunal may provide avenues for rehabilitation and support also by the provision of a multidisciplinary supported Care Plan;
- Impose Penalties and/or Referring to the Drug Offenders Rehabilitation Board: the Commissioner for Justice presiding the drugs regional tribunal may impose penalties as applicable according to law and/or make referrals to the Drug Offenders Rehabilitation Board (DORB), which is a statutory body established under the Dangerous Drugs Ordinance (Cap. 101 of the Laws of Malta). Its primary role is to oversee and facilitate the rehabilitation of individuals who have committed drug-related offences in accordance with Maltese law.
Important Notes for Teenagers:
For individuals aged between 14 and 17, any connection with and/or use of Cannabis is prohibited and illegal.
Teenagers are invited and encouraged to participate in the drugs tribunal, where they will not face fines.
Their involvement will not be recorded on the Conduct Certificate.
However, if necessary, the Commissioner for Justice may choose to refer them to the Drug Offenders’ Rehabilitation Board (DORB) if this is deemed necessary by the Commissioner.
This action is only taken in the best interest of the teenager.
REMEMBER!
Cannabis is a drug – a mind altering substance.
Cannabis is prohibited and illegal for teenagers up to 17 years of age.
Cannabis is addictive and can affect and impact one’s lifestyle when abused.
For assistance, please contact us on tel. +356 23275400.
E-mail: [email protected]/[email protected]