S.L. 420.1 Art. 6Summoning of witnesses,offences and penalties.

(1) The Tribunal shall have power, exercisable through its and Chairperson, or by the person so authorised by the

Chairperson, to -

(a) summon witnesses;

(b) take expert advice;

(c) require any person who appears to it to have a special knowledge of the matter under consideration to furnish orally or in writing such particulars in relation thereto as the Tribunal may require; and

(d) administer an oath to any witness and to any person concerned in the investigation of the appeal before it, and require them to give evidence and to produce documents in their possession or under their custody in such circumstances as they could be required to give evidence or produce documents before a court of law.

(2) Oaths made under subregulation (1)(d) shall be administered by the Chairperson.

(3) Summonses for attendance before the Tribunal may be in the form set out in the Second Schedule or in such form as may be appropriate to the case, and shall be signed by the Chairperson or member of the Tribunal.

(4) A summons may be served either by hand or by post. Where it is served by hand it shall be sufficient to prove service by evidence that the summons was left with a person over the age of sixteen years at the place of residence or of business of the person summoned; and if served by post it shall be sufficient to prove service by evidence that the summons was properly addressed and posted.

(5) Except for cases covered by the proviso to regulation (PROCEDURES)

5(1)(h) and by regulation 5(1)(l), any person summoned as aforesaid who refuses, or without sufficient cause fails to attend at the time and place mentioned in the summons, or refuses, without sufficient cause, to answer or to answer fully and satisfactorily, to the best of his knowledge and belief all questions put to him by or with the concurrence of the Tribunal, or refuses or fails, without sufficient cause, to produce any document he was required to produce by or with the concurrence of the Tribunal, shall be guilty of an offence under these regulations and shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) or to imprisonment not exceeding three months, or to both such fine and imprisonment: Provided that, without prejudice to the generality of the provisions of subregulation (1)(d), no person giving evidence before the Tribunal may be compelled to incriminate himself, and every such person shall, in respect of any evidence given by him before the Tribunal, be entitled to the same privileges to which a witness giving evidence before a court of law is entitled.

(6) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(7) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations.

(8) No proceedings shall be commenced in respect of any offence against the provisions of these regulations without the concurrence of the Attorney General. S.L.420.01 (PROCEDURES)

FIRST SCHEDULE

Regulation 4(1)

to be taken by Chairperson or Member of the International Protection Appeals Tribunal

INTERNATIONAL PROTECTION ACT OFFICE OF MEMBERS OF THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL of regulation 4(1) of the International Protection Appeals Tribunal (Procedures) Regulations) ................................................................... , legally valid identification number ........................ having been appointed to be Chairperson/Member International Protection Appeals Tribunal do swear/solemnly affirm that I will and impartially, and to the best of my ability discharge the trust and duties devolving upon me by virtue of the said appointment. God.

SECOND SCHEDULE

Regulation 6(3)

to witnesses to appear before the International Protection Appeals Tribunal

INTERNATIONAL PROTECTION ACT SUMMONING OF WITNESSES of regulation 6(3) of the International Protection Appeals Tribunal (Procedures) Regulations)

.............................................................. legally valid identification document ...............................

hereby summoned to appear before the International Protection Appeals ........................................... (place) on ...................................... (date order to give evidence with respect to

................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ............................................................................... (the matter of the inquiry). my hand this ........................ day of ........................ 20