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. A Magistrate, similar to Judges, may opt to remain in office until he reaches the age of sixty-eight. 

 

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.

 

The Court of Magistrates, in Malta and in Gozo, also hears and decides cases of a criminal nature. The Criminal Code stipulates that offences which carry a punishment of up to two years’ imprisonment are to be tried by the Court of Magistrates. Offences that carry a punishment of more than two years’ imprisonment are to be tried by the Criminal Court but the Attorney General may consent to have offences  punishable with imprisonment for a term between two and six years to heard and determined by the Court of Magistrates. Offences that carry a punishment of more than six years’ imprisonment are subject to the compilation of evidence before the Court of Magistrates and where the punishment does not exceed twelve years’ imprisonment, the Attorney General may send the case to be decided by the Court of Magistrates, given that the accused gives the required consent. Offences that carry a punishment of more than twelve years’ imprisonment are decided by the Criminal Court once the compilation of evidence before the Court of Magistrates is concluded.   

A number of Judges, both sitting and retired, 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, Joanne Vella Cuschieri, Audrey Demicoli, Neville Camilleri, Doreen Clarke and Josette Demicoli.

 

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. A number of 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 Vellam Audrey Demicoli and Doreen Clarke (all of whom moved on in due course to the Superior Courts as Judges). The current Senior Magistrate is Dr Gabriella Vella.

 

The current Bench of Magistrates is made up as follows: