S.L. 291.10 Art. 6Seizure of travel documents for non- payment of an on the spot fine.       Cap. 9.      Cap. 9.         Cap. 217.

(1) Where a non-habitual resident upon whom an on the spot fine is imposed fails or refuses to effect immediate payment thereof in accordance with these regulations, the Executive Police may, for the purpose of ensuring the appearance of such non-habitual resident in proceedings before a Commissioner in accordance with the Act, seize any travel document in the possession of such non-habitual resident:

Provided that where such non-habitual resident refuses or fails to produce any identity or travel document and his identity cannot be established with reasonable certainty, the Executive Police may proceed to arrest the non-habitual resident in accordance with article

355Z of the Criminal Code and upon such arrest, the Executive Police may exercise the powers of search incidental thereto and retain any document found in his possession for the purposes of establishing identity and ensuring appearance before a Commissioner: Provided further that nothing in these regulations shall be construed as preventing the Executive Police from applying for and obtaining a warrant in accordance with article 355E of the Criminal

Code to search the temporary residence of such non-habitual resident for the purpose of locating and seizing any travel document relevant to proceedings in accordance with these regulations.

(2) Any travel document seized in accordance with sub-regulation (1) shall be retained by the Executive Police until the payment of the on the spot fine is made in full or until the conclusion of the proceedings before a Commissioner in respect of the offence concerned:

Provided that where the non-habitual resident is found guilty by a Commissioner, the travel document shall only be returned upon payment of the on the spot fine in full.

(3) A Police officer shall duly inform the non-habitual resident that failure to immediately pay the on the spot fine in accordance with regulation 5 shall result in the seizure of any travel documents in the possession of the non-habitual resident in accordance with these regulations pending the conclusion of proceedings before a Commissioner.

(4) Upon payment of the on the spot fine in full, any travel document seized in accordance with these regulations shall be returned to the non-habitual resident without undue delay.

(5) Where upon the conclusion of proceedings before a Commissioner, the non-habitual resident is found not guilty or the on the spot fine is otherwise waived, any travel document seized in accordance with these regulations shall be returned without undue delay.

(6) Where a non-habitual resident is issued with an on the spot fine by an authorised officer forming part of the Local Enforcement Systems Agency or the Environmental Resources Authority and such non-habitual resident refuses or fails to effect payment of the on the spot fine in accordance with regulation 5, the authorised officer shall have the right to request the assistance of the Executive Police and the Executive Police may seize any travel document belonging to the non-habitual resident in accordance with the provisions of sub-regulation (1).

(7) Where following the conclusion of proceedings before a

Commissioner, the non-habitual resident is found guilty and fails or refuses to effect full payment of the amount due, the competent authorities may also take the necessary measures to prohibit or restrict the re-entry of such non-habitual resident into the territory of Malta, in accordance with the Immigration Act and any regulations made thereunder.