Is possession of a small amount of cannabis a criminal offence in Malta?
- 18.08.2026
I keep hearing different court names mentioned in relation to a criminal matter involving someone I know in Malta, sometimes the Court of Magistrates and sometimes the Criminal Court. Are these the same thing, or does it matter which one is actually handling the case?
These are genuinely different courts within the Maltese criminal justice system, and which one handles a given case depends primarily on the seriousness of the alleged offence. The Court of Magistrates, sitting as a Court of Criminal Judicature, deals with less serious offences and can impose penalties up to certain statutory limits, while more serious offences are dealt with by the Criminal Court, generally following a process where the Court of Magistrates, sitting as a Court of Criminal Inquiry, conducts a preliminary investigation (the compilation of evidence) before the matter, if there is sufficient basis, is referred up to the Criminal Court for trial, which can involve trial by jury for the most serious offences. This structure is set out under the Criminal Code, Chapter 9 of the Laws of Malta, and the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, which together establish the jurisdiction of these different courts. Which court a particular matter ends up in has real implications for the process, potential penalties, and rights involved, so if you want to properly understand the case involving someone you know, checking which specific court and function is currently handling the matter is an important first step, ideally with the help of the lawyer actually representing that person.
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