Police vs Minor — Driving Unlicensed, Uninsured, and Without Owner Consent

A juvenile drove a vehicle without a licence, insurance, or the owner's consent; the court imposed a reduced fine and a 12-month driving ban.

Court for Minors as a Court of Criminal Judicature · Magistrate Dr. Abigail Critien B.A., Trib. Eccl. Melit., LL.M. (Family Law) (Lond), LL.D. · 7 May 2026

In the early hours of 13 February 2025, between 11:30 p.m. and 11:55 p.m., a juvenile was stopped by police on Triq l-Imdina in Qormi. He was found to be driving a vehicle without holding a driving licence, without third-party insurance cover, and without the consent of the vehicle's owner — the latter charge amounting to temporary unauthorised use of the vehicle. The accused was born on 1 October 2007, meaning he was 17 years old at the time of the offences and turned 18 on 1 October 2025 during the course of proceedings. The case was heard before the Court for Minors acting as a Court of Criminal Judicature, presided over by Magistrate Dr. Abigail Critien. At a hearing on 6 November 2025, after the prosecution had already presented the bulk of its evidence — including a police affidavit, a Transport Malta affidavit confirming no licence existed, and witness testimony — the accused entered a guilty plea to all three charges. The court solemnly warned him of the legal consequences and afforded him time to consult his lawyer before he confirmed the admission unconditionally. In determining the sentence, the court weighed several factors: the late-stage guilty plea (which attracted less mitigation than an early admission), the accused's cooperation with police at the scene, his age at the time of the offences, the absence of a criminal record on file (treated as a first conviction under the in dubio pro reo principle), and the seriousness of the charges. The court concluded that a custodial sentence was not appropriate given the circumstances and opted instead for a financial penalty. The court found the accused guilty on all three counts, reduced the fines under the juvenile mitigation provisions of the Criminal Code, and additionally imposed a 12-month driving disqualification.

Accused found guilty on all three charges. Fines reduced to the level of an ammenda pursuant to Articles 31(1)(f) and 37(2) of Chapter 9 (Criminal Code). Total fine: €174.69 (€58.23 per charge). Additionally, the accused is disqualified from holding or obtaining a driving licence for 12 months from the date of judgment (7 May 2026).

• Under Article 37(2) of the Criminal Code (Ch. 9), a person who was a minor at the time of the offence is entitled to a mandatory reduction in penalty, even if they have since turned 18 by the time of sentencing.
• Maltese courts recognise that an early guilty plea saves court time and resources and attracts greater sentencing discount; a late plea — entered after most prosecution evidence has been presented — carries significantly less mitigating weight.
• Where a criminal record (fedina penali) is not produced in evidence, courts apply the in dubio pro reo principle and treat the case as a first conviction, which can affect the applicable penalty tier.
• Driving without insurance under Chapter 104 (Motor Vehicles Insurance Act) and driving without a licence under Chapter 65 (Traffic Regulation Ordinance) are distinct offences each carrying separate penalties, and courts may impose cumulative fines for each.
• A driving disqualification under Article 15(3) of Ch. 65 and Article 3(2A) of Ch. 104 is an ancillary penalty imposed in addition to any fine; it runs from the date of judgment and applies even where the offender did not yet hold a licence.

Criminal Code Ch. 9 (Arts. 17(b), 31(1)(b), 31(1)(f), 37(2), 392A); Traffic Regulation Ordinance Ch. 65 (Arts. 15(1)(a), 15(3)); Motor Vehicles Insurance Act Ch. 104 (Arts. 3(1), 3(1A), 3(2)(a), 3(2A))

Report an error or outdated information