ACT No. III of 2007 AN ACT to amend the Code of Police Laws, Cap. 10.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

16th March, 2007

ACT No. III of 2007

AN ACT to amend the Code of Police Laws, Cap. 10.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>

(1) The short title of this Act is the Code of Police Laws

(Amendment) Act, 2007, and this Act shall be read and construed as

one with the Code of Police Laws, hereinafter referred to as “the principal

law”.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for social policy may by notice in the

Gazette appoint.

Immediately after article 316B of the principal law, there shall

be inserted the following new Part>

“PART XXV B

OF MINORS AND ALCOHOL

316C. It shall be unlawful for any person to>

(a) sell alcohol to, or purchase alcohol on behalf of, a

minor< or

(b) serve, or in any manner supply, alcohol to a minor

in any public place.

316D. It shall be unlawful for a minor to>

Prohibition of

consumption

of alcohol

by minors.

(a)

consume alcohol in any public place<

(b) procure or attempt to procure alcohol in any manner

whatsoever in any public place<

(c)

be in possession of alcohol in any public place< or

(d) falsely represent his age for the purpose of

consuming, receiving, procuring or attempting to procure

alcohol.

316E. It shall be lawful for any member of the Police Force Power to stop

to stop any person, whom he suspects to have acted in breach of and

particulars.

articles 316C and 316D of this Code, for the purposes of identifying

such person and taking his particulars.

316F. For the purposes of articles 316C to 316E and of sub- Definitions.

articles (9) to (11) of article 319 of this Code>

(a) the expression “agency” means any agency

designated for the purpose in the Gazette by the Minister

responsible for social policy<

(b) the expression “alcohol” means any wine, beer,

cider or spirituous liquor>

Provided that it shall be presumed that the liquid contains

alcohol unless the person charged shall prove the contrary<

(c) the expression “minor” means any person under

sixteen years of age<

(d) the expression “public place” means any place other

than a private residential home and includes any premises

that are leased and, or used for entertainment purposes.”

Immediately after subarticle (8) of article 319 of the principal Amendment of

article 319 of the

law, there shall be inserted the following>

principal law.

“(9) Without prejudice to any punishment that may be

applicable under the provisions of any other law, any person found

guilty of an offence against article 316C of this Code shall be liable>

(a) on a first conviction, to a fine (multa) of not less

than one hundred Maltese liri (Lm100) but not exceeding five

hundred Maltese liri (Lm500)< and

(b) on a second or subsequent conviction to a fine

(multa) of not less than five hundred Maltese liri (Lm500)

but not exceeding one thousand Maltese liri (Lm1,000).

(10) Without prejudice to articles 36 and 37 of the Criminal

Code, a minor who acts in breach of article 316D>

(a) for a first offence be formally warned by a Member

of the Police Force that criminal proceedings will be taken

against him if he is caught acting in breach of the same

provisions of the law for a second time or more<

(b) for a second offence or more, shall, if convicted,

be guilty of a contravention. The competent Court may order

such minor to participate in an educational programme which,

if and as necessary, may be combined with counselling and

which will be provided by an agency staff member>

Provided that in ordering the said programme and, or

counselling, the competent court shall take into consideration

the age of the minor and shall, in all cases, ensure that the

programme shall not be in conflict with the minor’s regular

attendance at school or other educational institution.

(11) In addition to any penalty which may be imposed by

the Court in accordance with sub-articles (9) and (10) of this article,

a minor who refuses to give, or untruthfully gives to any member

of the Police Force in the exercise of his duties, his name, surname,

address and other particulars that may be lawfully required, shall

be guilty of a contravention.”.

Passed by the House of Representatives at Sitting No. 505 of 12th March,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.16 (€0.37)