Bedingfield signs legal notice introducing on-the-spot fines

Home Affairs Minister Glenn Bedingfield has signed the much-anticipated legal notice introducing on-the-spot fines, which will empower police to take immediate action against non-residents who break the law within 24 hours.

The legal notice aims to close a long-standing loophole that allowed fines issued to non-residents to go unpaid.

The law does not diminish the person’s right to submit a petition contesting the fine.

On Tuesday, the Home Affairs Ministry said the legal notice for on-the-spot fines would be published shortly. Just a day later, Bedingfield announced on Facebook that he had signed the notice, a move which was met with a positive response.

The legal notice could not come soon enough for residents in localities such as Swieqi, where short-stay tourists staying in apartments have been causing mayhem.

The Swieqi Local Council, together with the residents it represents, has been calling for on-the-spot fines to be introduced for at least 10 years, as residents watched their once-quiet village slowly deteriorate due to a lack of action.

Speaking to MaltaToday last Sunday, Swieqi residents described months of sleepless nights, garbage accumulation leading to rat and cockroach infestations, fears of sexual harassment, and the mental health toll caused by the situation.

Swieqi Mayor Noel Muscat welcomed the measure as a step in right direction, although still lamented on the dragged-out decade-long process of pushing for the law to be introduced.

Muscat also pointed out that the idea was only one part of a pilot project which included another 11 proposals to solve the problems and challenges posed by short-lets.

“Let’s keep up the momentum,” a resident said, suggesting a police station for Swieqi which covers both Ibrag and Pembroke, along with stricter regulation of Airbnb’s.

Last May, the government had promised that on-the-spot fines would be introduced by 1 June in a bid to curb anti-social behaviour by non-residents. However, with the election having been called, the legislation was never introduced.

“Malta welcomes millions of visitors every year, and we must ensure that everyone, residents and visitors alike, respects the rules,” Bedingfield said. “This measure is not directed against tourists, but rather in favour of justice and equality before the law. Those who choose not to respect the rules must bear responsibility for their actions, regardless of where they come from.”

“This measure closes a loophole that was hindering law enforcement while simultaneously safeguarding every individual's right to contest a fine before the competent authorities. We are continuing to build a modern legal framework that reinforces accountability and boosts confidence in the justice system,” Minister for Justice Clifton Grima said.

How it works

Fines can be issued by authorised officers forming part of the Malta Police Force, LESA, and the Environment and Resources Authority (ERA).

The amount of the fine will be determined according to the relevant law. For example, if an offence normally carries a fine of €50, the on-the-spot fine would also be €50.

If an offence has a range of possible fines, the officer will be required to impose the minimum amount in that range. Therefore, if an offence carries a range between €50 to €200, the officer must impose €50, not choose a higher amount.

The fine can never amount to less than €25 and it cannot be paid in cash.

If the person refuses or fails to pay the fine on the spot, the police officers may seize any travel document in their possession to ensure their appearance before a Commissioner for Justice.

Police may arrest the person if they refuse or fail to produce identity or travel documents and their identity cannot be established with reasonable certainty.

Following an arrest, police may search the person and retain any documents found in their possession for the purpose of establishing their identity and ensuring their appearance before a commissioner.

Police may also apply for a warrant to search the person’s temporary residence to locate and seize relevant travel documents.

The law does not diminish the person’s right to submit a petition contesting the fine or to appear before a commissioner. Any payment made would be treated as a deposit until proceedings before the Commissioner or the Petitions Board are concluded.

If the fine is overturned, the amount paid must be reimbursed without undue delay.

A separate amendment empowers the Principal Immigration Officer to deny a non-habitual resident permission to enter or remain in Malta for up to 12 months if they fail or refuse to pay an on-the-spot fine after being convicted by a Commissioner for Justice.

According to the Home Affairs Ministry, the legal notice is expected to come into force within 24 hours.