Jacket and tie obligatory, after courts forced to publish ‘unacceptable’ attire

The Maltese law courts had to formally issue a list of attire that is unacceptable to be worn inside the courtrooms, after a complaint to the Ombudsman.

A young professional, summoned to give evidence in front of a judicial assistant in pending court proceedings, told the Ombudsman that men who attended court without a tie and a suit could be charged with contempt of court.

The complainant said there was no legal obligation that one should wear a tie, so he asked the courts' director for a copy of the latest publication informing the public what dress is suitable - as per sub-regulation 2 of Regulation 27 of the Court Practice and Procedure and Good Order Rules - but the director said no such publication had been issued "and that in his opinion everyone is aware what decent attire is."

On his part, the courts' director-general remarked that the general public was well aware of the attire which is appropriate in court, but admitted he had not issued any notice so as to avoid listing a detailed description of what is acceptable and what is not - "an exercise, which in his opinion, could end up being a parody of attire with the Court's Director General explaining in detail the lengths of skirts and blouses."

The Ombudsman highlighted that in terms of Regulation 27(1), where a court executive officer is of the opinion that a person who has been summoned to appear before a court is not suitably dressed, the officer is bound to inform the judge, magistrate or member of the tribunal before whom the person was due to appear, and take instructions from him as to how to proceed.

The Ombudsman however considered that in terms of Regulation 27(2) the Director General was periodically required to inform the public on what type of attire was unacceptable within the precincts of the Courts of Justice and verbally drew the attention of the Director General about this matter

The Ombudsman concluded that the current policy that male members of the public wear a jacket and tie appears to be a reasonable one and cannot be considered as an abuse of authority by the courts. "It is a simple requirement bearing a reasonable relationship to the proper administration of justice in that court. Determining dress code is perceived as a way of ensuring proper decorum and discipline in court and cannot be qualified as an abuse of the court's 'authoritative jurisdiction' unless manifestly unreasonable or arbitrary."