Code of Police Laws (Cap. 10), article 321

321. (1) In the case of any contravention, the court, besides awarding punishment, shall order the offender, where the occasi on so requires, to abate the nuisan ce arising from th e contraventi on, or, according to circumstances, to carry out the law within a t ime, sufficient for the purpose, to be fixed by the court; and, if t he offender fails to comply with any such order within the time so fixed, he shall be liable to a fine ( ammenda) not exceeding four euro and sixty-six cents (4.66) for every day the default continues after the expiration of the said time. Court may authorize the Police to abate nuisance at the expense of the offender. (2) The court may also order that the nuisance be abated, or that the law be carried out, by the Police, at the expense of t he offender, in which case he may be made to refund the expense, under a warrant is sued by the court. (3) If the offender is, on acco unt of mental disease or other physical incapacity, unable to appear in court or is absent fro m Malta or has absconded and a Police officer not below the rank of inspector certifies on oath that it is urgently required that t he nuisance be abated or that the la w be otherwise enforced, the c ourt shall order the summons to be se rved on the lawful representati ve of the offender or on the person having the custody of the offe nder or on the person having the management of his property or in default of any known representative or person as aforesaid, on the offender’s husband or wife or son or daughter. In any such case , if the nuisance or non-compliance wi th the law is proved, the cour t shall apply the provisions of sub-article (2) or, in appropriat e cases, the provisions of sub-article (1). (4) Where for any reason service of the summons as provided CODE OF POLICE LAWS [CAP. 10. 51 in sub-article (3) cannot be effected or where the offender is not known or it is not known who is t he person responsible for the nuisance or non-compliance with the law, the court may apply th e provisions of sub-article (2) on the sole application of a Poli ce officer not below the rank of inspector confirming on oath the existence of the nuisance or non -compliance and the urgency tha t the same be abated or the law enforced and on such additional evidence, if any, as the cour t may deem fit to require. (5) In any of the cases dealt with in sub-articles (3) and (4), the court shall, so far as regards t he application of any punishmen t for the offence, adjourn the proceedings until the offender is fit to stand trial or r eturns or becomes known and can appear before i t. Expense of undoing work, in proof of contravention, to be borne by Police if contravention is not proved. ( 6 ) W h e r e t h e c o u r t , o n t h e d e m a n d o f t h e P o l i c e , f o r t h e purpose of proving any contravention, shall have ordered any wo rk to be undone wholly or in part, and neither such contravention, nor any other contravention arising from circumstances which could not have been ascertained without the undoing of such work, nor any contravention of the provisions of article 97(1)( o), is made to appear, the expense incurred as well as the expense necessary t o restore such work to its former state, shall be at the charge o f the Police. Power of court in case of contraventions of sanitary authority. ( 7 ) W h e r e a n y s u m m o n s h a s b e e n i s s u e d i n r e s p e c t o f a contravention of an order of the sanitary authority, either for making default in complying with such order, or for not properl y carrying out such order, it shall be lawful for the court, wher e necessary, on the demand of the defendant, to require a report from the General Services Board, and also examine, on oath, the members of such Board, on the subject-matter of the order or th e execution thereof; and in any such case, if the Board, or the majority of its members, shall concur in the opinion of the aut hority giving the order, the fee due to the members of the Board as we ll as the expenses incurred by them, shall be at the charge of the defendant. Recovery of damages by civil process. (8) Save as otherwise expressl y provided in this Code, any damages arising from any contravention shall be recoverable by the injured party as a civil debt. Offence by body of persons. Added by: L. 1974.7.