Gender-Based Violence and Domestic Violence Act[1]
An act that makes provisions for the substantive articles of the Council of Europe Convention on preventing and combating violence against women and domestic violence (better known at the Istanbul Convention) to become, and be, enforceable as part of the Laws of Malta. It was created to promote and protect the right of everyone, and particularly of persons who are at risk of domestic violence, to live free from violence in both the public and private sphere.
Child Protection (Alternative Care) Act[2]
This act introduces child protection orders, to provide for appropriate alternative care and protection for children deprived of parental care or at risk of being so.
The Criminal Code[3]
The Criminal Code describes the criminal charges individuals can be charged with and procedures, including those related to domestic violence.
The Civil Code (Chapter 16) 30[4]
The Civil Code describes civil actions and procedures, including potential orders against those who commit domestic violence.
The Police Act (Chapter 164) 31[5]
This law helps give full effect to the provisions of the Istanbul Convention.
The Probation Act (Chapter446) 32[6]
This details the law regarding probation, which is a potential penalty against an individual who commits domestic violence.
The Restorative Justice Act (Chapter 516) 33[7]
This law helps give full effect to the provisions of the Istanbul Convention.
The Victims of Crime Act (Chapter 539) 34[8]
This is a law for the rights, support and protection of victims of crime, including domestic violence.
The Criminal Injuries Compensation Scheme Regulations (Subsidiary Legislation 9.12) 35[9]
This law helps give full effect to the provisions of the Istanbul Convention.
The Civil Court (Family Section), First Hall of the Civil Court and the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) Regulations (S.L.12.20)[10]
This law helps give full effect to the provisions of the Istanbul Convention.
Some basic information about the Maltese judicial system:
- The Laws of Malta are governed by Acts of Parliament, regulations, rules, orders and by-laws, as well as EU law and international treaties. European regulations, directives and decisions are then incorporated into Maltese law.
- In Malta, the Constitution provides the basic source of national law and stipulates that laws are passed by parliament in the form of Acts of Parliament. Parliament may then delegate legislative powers to other bodies, such as ministers, authorities and public bodies.
- The Maltese judicial system is a two-tier system comprising: a court of first instance, presided over by a judge or magistrate; and a court of appeal.
- There are also tribunals that deal with specific areas of the law and have varying degrees of competence. The civil court hears all cases relating to family matters such as marriage annulment, personal separation, divorce, maintenance and custody of children.[11]
The criminal law system/prosecutions is generally the system that handles domestic violence. The civil court and the court of magistrates also consider some domestic violence issues.
In most cases, domestic violence will be addressed through a criminal prosecution against an individual for committing a crime outlined in the Criminal Code (for example, assault or harassment), as the government encourages victims to raise a complaint through the police. However, victims can take civil actions against either the perpetrator and/or the state through the civil court should they wish, such as a personal separation procedure, and this can include claims for damages/compensation.[12]