The Malta Independent 16 May 2024, Thursday
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Difference Between a general ban and a limited one

Malta Independent Sunday, 13 November 2005, 00:00 Last update: about 20 years ago

From Mr P. Miruzzi

I refer to the article by your correspondent Charlot Zahra entitled “Court bans do have to be fixed

at the door, law states”, (TMIS,

6 November) .

Your correspondent is either unable, or does not want, to see the difference between a general ban on the publication of any writing in terms of Section 517(1) of the Criminal Code and a limited ban (such as was imposed by the Court of Magistrates in its judgement of 13 October – not September, 1995). The former does require that a copy of the order be posted up at the door of the building in which the court sits. The latter does not require such posting.

Section 531 of the Criminal Code, also referred to by your correspondent, has no relevance to the matter in issue since this provision refers also to a general ban on publication when proceedings are conducted behind closed doors, which was not the case in respect of the proceedings that were terminated (at least in first instance) by the judgement of 13 October 1995.

Paul Miruzzi

Acting Registrar, Criminal Courts and Tribunals

Ministry for Justice and Home Affairs

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