To be appointed a Magistrate, one must have practised as an advocate in Malta for not less than seven years.  Until very recently a Magistrate had to vacate his office upon reaching the age of sixty years, which was an anomaly since the general retiring age of public officers was sixty-one. This mandatory retiring age has now been raised to sixty-five, thus bringing it in line with that of Judges. Before commencing to exercise his judicial functions, a Magistrate must take before the President of Malta the prescribed oath of allegiance and the oath of office.

 

In the Island of Gozo, Magistrates perform the functions of Judges in many civil matters. In fact the Court of Magistrates (Gozo) has a twofold jurisdiction: an inferior jurisdiction by virtue of which it takes cognizance of all causes of a civil nature which in Malta would be heard by the Court of Magistrates (Malta), and a superior jurisdiction by virtue of which it takes cognizance, with some exceptions, of causes which in Malta would be heard by the First Hall of the Civil Court and by the Civil Court (Voluntary Jurisdiction Section). One notable exception is in respect of applications or references alleging a violation of fundamental human rights (whether in terms of the Constitution or in terms of the European Convention on Human Rights), which must always be tried in first instance before the First Hall of the Civil Court in Malta. Until some time ago, appeals from judgments of the Court of Magistrates (Gozo) in its superior jurisdiction were heard by a court composed of three Magistrates who would regularly travel to Gozo from Malta to hear these appeals. These appeals are now heard in Gozo by a single Judge.

 

Twelve of the twenty-two Judges currently in office served as Magistrates before being appointed Judges. These are, in order of seniority, Abigail Lofaro, Anthony Ellul, Jacqueline Padovani Grima, Edwina Grima, Miriam Hayman, Giovanni Grixti, Consuelo Scerri Herrera, Anthony Vella, Grazio Mercieca, Francesco Depasquale, Aaron Bugeja and Joanne Vella Cuschieri.

 

According to Article 7(2) of the Code of Organization and Civil Procedure, the Chief Justice may designate one of the Magistrates as Senior Magistrate. The person so designated, who does not have to be the person who is most senior in terms of appointment to the Bench of Magistrates, is to perform such duties and functions as may be assigned to him by the Chief Justice or as may be provided by any law for the time being in force. Five Magistrates have to date been so designated since the office was created in 2007: Michael Mallia (now retired), Silvio Meli (now retired), Jacqueline Padovani Grima, Antonio Mizzi (now retired) Anthony Vella and Audrey Demicoli (all six moved on in due course to the Superior Courts as Judges). The current Senior Magistrate is Dr Doreen Clarke.

 

The current Bench of Magistrates is made up as follows: