What on-the-spot fines mean for Malta-bound tourists

The government published laws giving the police and local wardens the power to issue fines for non-residents visiting Malta.

The new laws, which came into effect a month after initially pledged, come amid concerns of antisocial behaviour from tourists – particularly in nightlife hotspots such as Sliema, Paceville and Swieqi.

Home Affairs minister Glenn Bedingfield said the first on-the-spot fine of €150, was handed to a tourist for littering. 

Times of Malta looks at what the freshly published legislation says.

Who can receive an on-the-spot fine?

The law refers to “non-habitual residents,” meaning anyone in Malta who is not a citizen of the country and does no have a residence document.

In practice that means tourists or anyone who is staying in Malta for a short period.

What can tourists get on-the-spot fines for?

While crimes are usually a court matter and lead to an arrest, lesser breaches of the law – known as contraventions – are overseen by local tribunals.

Police and LESA officers (wardens who have the power to fine) can issue on-the-spot fines for contraventions which affect public order, smoking laws and driving laws.

Among the specific contraventions tourists may be fined for are running without caution onto a street, being drunk beyond the ability of taking care of oneself, littering, threatening to throw stones or throwing stones at a person without causing injury and throwing dirt or ‘filth’ at the door or against the wall of the house of any other person.

Smoking next to a playground or an enclosed space can also land tourists on-the-spot fines.

How much do the fines cost?

It depends on the offence. The law says the amount payable for the on-the-spot fines depends on what is prescribed in the law for the offence.

If a particular contravention has a range of how much the fine could be, police will charge the minimum.

Can fines be paid in cash?

No, the legislation explicitly prohibits cash payments and only electronic payments are allowed.

What if you want to challenge the fine?

Anyone who disagrees with the fine they’re given can challenge the decision in local tribunals by filing a petition. 

So is payment suspended if a tourist files an appeal?

If a tourist decides not to pay the on-the-spot fine, police now have the power to confiscate travel documents i.e. passports and ID cards.

The new legislation explains that this is to ensure that non-residents will appear at their tribunal hearing.

If a tourist refuses to give up their document, police have the power to arrest, the law says.

If a non-resident says they left their documents at their accommodation, “nothing shall be construed as preventing” police from searching the accommodation after they acquire a warrant.

Should a contravener insist on not paying their fine, the government “may also take the necessary measures to prohibit or restrict the re-entry of such non-habitual resident into the territory of Malta”.

LESA officers do not have the power to arrest or confiscate documents, so they must call police in such circumstances.

Unlike contraventions for locals, where payment of a fine automatically means admittance of guilt, a non-resident can pay the on-the-spot fine and still appeal the decision.

That is because technically the on-the-spot fines are regarded as “deposits” by the law pending a decision by the local tribunals for such cases.

The “deposit” is in place to “guarantee the execution of a decision in the event of a finding of guilt,” the law says.

If the contravener does not challenge the fine, their “deposit” automatically converts to the payment of the fine.