The Legislative Mechanism

As part of the decentralisation process, the Local (Wardens) Enforcement System is today part and parcel of Malta`s legislation. The system relates to the application or enforcement of laws at local level with the aims of keeping law and order in the various localities.

The basic principles behind this development are:-

The related parent laws, as far as Contraventions is concerned, are the Litter Act, the Education Act, Traffic Regulations (including Parking) and all Bye-Laws issued by Local Councils or Bye-Laws issued by "General application".

Bye-Laws by "General application" apply to all Local Councils in
Malta and Gozo. Other "delegated powers" can be issued from time to time by the Minister responsible for Local Government by "delegated Order".

From the above legislation a varied number of contraventions emanate. For a full list of contraventions including related fines, click: List of Contraventions

The system is, furthermore, governed by the following legislation:-

The Commissioners for Justice Act , Chapter 291, (which is an Act to provide for the establishment of a system for the depenalisation and trial of petty cases). It deals with the way Commissioners are appointed, their functions and powers. It describes the Tribunal proceedings mechanism, the presentation of a summons, the provision of the Criminal Code applicable before a Commissioner and the "decision" powers attached to the position of Commissioner of Justice. Furthermore, the Act outlines the rights of aggrieved persons (by a Commissioner`s decision) to appeal. The Act also describes the powers of the Minister for Justice in as far as the power to make regulations on procedures, offences or any other related matter.

The Private Guards and Local Wardens Act , Chapter 389 is an Act to provide for the licensing, regulation and control of persons operating, engaged or employed in private guard services and in warden services.  It describes the method whereby persons can become licensed Local Wardens, the powers of the person acting as Warden, and the obligations of citizens to cooperate and give information to Wardens. The Act also provides for the mechanism to be adopted in the organisation of training courses for Local Wardens and for the putting into operation of warden agencies.

Legal Notice 32/2000 (which is a Local Councils, Delegation of Enforcement, Order). The Notice cites the delegated functions (Bye-Laws, Contraventions). In fact, its First Schedule gives a list of offences the enforcement of which was delegated to Local Councils. In brief, these cover:-

(Click to download: Full List of Contraventions )

In this system`s environment the continued cooperation with the Police Corps is essential and complimentary. The Warden, who is a uniformed official, is, as such, the local policing officer and all persons acting as Wardens are licensed
to perform the related duties and are obliged to undergo the necessary training before taking office.

The number of Local Wardens required for each Council at any point in time and the areas to be covered (policed) along with the relative 'timings' is determined by the respective Council concerned.

The system`s main aim is "the decentralisation of the powers of enforcement". The system is not principally intended to penalise citizens. On the contrary, it is aimed at creating, through a process of citizen awareness and education, "a sense of pride and culture of compliance" in all localities instilling the principles of 'enforcement' in all localities for the benefit of the citizens and society at large.

The system also aims, and has succeeded, at giving the Police the chance to concentrate on the performing duties of a more serious nature. The system has also relieved the Courts of Justice from 'crowding'; caused by undue concentration on one central point the main Courts of Justice in Valletta.

The Enforcement Procedure

The Warden has the power to book offenders on the contraventions included in the respective Acts mentioned above.

Wardens can present 'tickets' to offenders on the spot, when this is possible and practical. When a person is handed a ticket or when a ticket is affixed to his vehicle, the accused can pay the fine (the amount shown on the ticket) within 7 days from its issue at any authorised Local Council.  It may be possible that the ticket is not handed personally to the offender or that it is not affixed to his car, and consequently receives a summons by post. In this case he can pay as soon as possible at any authorised Local Council. Nevertheless this should be done before the date of the Tribunal sitting.

If the offender does not agree to the accusation being made by the Warden and intends to contest it, he should not pay the fine, and wait until he receives a summons by registered mail, note the date of the summons and attend the Tribunal sitting accordingly. If he has not been handed a ticket, and has received only the summons at home, he should not pay and then likewise attend the Tribunal sitting as indicated on the summons itself.

Persons attending at Tribunals should present themselves in time, be dressed in an appropriate manner and prepare themselves well for their defence. It is good to know that Commissioners of Justice expect to be presented with concrete and sufficient evidence and reliable witnesses upon contestation. If the Commissioner considers a person`s defence as being frivolous or vexatious, apart from fining him the normal charges, the Commissioner may apply further fines on grounds of contempt of court.

At the sitting, the Warden will be called to explain the contravention. When called before the Commissioner to give his evidence, the accused, under oath, has the opportunity and right to present his case providing the necessary supporting evidence or witnesses.

The final decision will be solely on the Commissioner of Justice. However, if the person summoned feels aggrieved he can appeal from the sentence by referring his case to the Court of Magistrates, as specified in the Commissioners of Justice Act. The application to the Court of Magistrates, however, must be made within 6 working days from the day on which the decision is given. The Court has the right to revoke or vary the judgement made and to decide upon the merits of the application.

When a person does not attend a Tribunal sitting to which he is called without sufficient grounds, apart from the person being considered "guilty", he will be liable to further fines as may be determined by the Commissioner under the law.

There can be instances when accused cannot attend a specified Tribunal sitting on serious personal grounds.  In this case, the Tribunal needs to be informed for a deferment to be made. This must be done in writing and mailed prior to the date of the Tribunal. The Commissioner of Justice of the relative Tribunal must be presented with the case and provided with the relative supporting documentary evidence. The responsibility for the delivery of the notice to the Commissioner is the responsibility of the person summoned. The Commissioner has the right of refusal.

 
Furthermore, as part of the initiative e-Government, one can access the Local Enforcement System service on the LES web service.