ACT No. VII of 2010 AN ACT further to amend various laws related to criminal matters.

I assent.

G EORGE A BELA

(L.S.)

President

22nd June, 2010

ACT No. VII of 2010

AN ACT further to amend various laws related to criminal

matters.

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

The short title of this Act is the Various Laws (Criminal Short title.

Matters) (Amendment) Act, 2010.

PART I

(1)

This Part amends the Criminal Code and it shall be Amendment of

read and construed as one with the Criminal Code, hereinafter in this the

Code.

part referred to as "the Code".

(2) This Part shall come into force on such date as the Minister

responsible for justice may, by notice in the Gazette establish, and

different dates may be so established for different provisions and

different purposes thereof.

Immediately after subarticle (2) of article 23A of the Code,

there shall be inserted the following new subarticles

"(3)

Where the court does not proceed forthwith to

make an order as required under subarticle (2) the court shall

forthwith make a temporary freezing order having the same

effect as an order made under article 5 of the Act which

temporary order shall remain in force until such time as the

court makes the order required by the said subarticle.

(4)

Where for any reason whatsoever the court denies a

request made by the prosecution for an order under subarticle

(2) the Attorney General may, within three working days from

the date of the court’s decision, apply to the Criminal Court to

make the required order and the provisions of article 5 of the

Act shall apply mutatis mutandis to the order made by the

Criminal Court under this subarticle as if were an order made by

the court under the same article 5. The temporary freezing order

made under subarticle (3) shall remain in force until the

Criminal Court determines the application.

(5)

The person charged may within three working days

from the date of the making of the order under subarticle (2)

apply to the Criminal Court for the revocation of the order

provided that the order made under subarticle (2) shall remain in

force unless revoked by the Criminal Court.".

In article 23A(1) of the Code, immediately after the words

"In this article," there shall be added the words "and in articles 23B,

23C and 23D".

Immediately after article 23C of the Code there shall be

added the following new article

"23D. (1) Where the court makes any order as is

mentioned in articles 23A to 23C, both articles inclusive, it shall

order the registrar to conduct inquiries to trace and ascertain the

whereabouts of any moneys or other property, due or pertaining

to or under the control of the person charged or accused or

convicted, as the case may be

Provided that for the purposes of this subarticle

"property" and "proceeds" shall have the meaning assigned to

them respectively by article 23B(3).

(2)

Whosoever is required by the Registrar to provide

information for the purpose of subarticle (1) shall comply with

the demand within thirty days from the day of receipt of the

demand by registered post.".

Article 119 of the Code shall be amended as follows

Amendment of

article 119 of

the Code.

(a)

after the words "perpetual general interdiction",

there shall be inserted the words "or perpetual special

interdiction, or both, as the case may be,";

(b)

after the words "temporary general interdiction"

there shall be inserted the words "or temporary special

interdiction, or both, as the case may be,".

Article 121 of the Code shall be amended as follows

Amendment of

article 121 of

the Code.

(a)

in subarticle (2) thereof, for the words "article

115." there shall be substituted the words "article 115:", and

immediately thereafter there shall be inserted the following new

proviso

"Provided that the term "juror" shall in any case

include a lay person acting as a member of a collegial body

which has the responsibility of deciding on the guilt of an

accused person in the framework of a trial within the

judicial system of a state other than Malta.";

(b)

in paragraph (a) of subarticle (4) thereof, for the

words "domestic assembly" there shall be substituted the words

"domestic public assembly";

(c)

in paragraph (g) of subarticle (4) thereof, for the

words "in Malta:" there shall be substituted the words "in

Malta;", and immediately thereafter, there shall be added the

following new paragraph (h)

"(h) any person

(i) called upon to act as arbitrator in

accordance with the provisions of the Arbitration

Act, whether such arbitration is domestic or

international;

(ii) who by virtue of an arbitration

agreement is called upon to render a legally

binding decision in a dispute submitted to such

person by the parties to the agreement; and

(iii) who is an arbitrator exercising his

functions under the national legislation of any

state other than Malta:".

Article 188 of the Code shall be amended as follows

(a) the present provision thereof shall be renumbered as

subarticle (1) thereof; and

(b) immediately after subarticle (1) thereof as renumbered

there shall be inserted the following new subarticle

"(2) Where the document referred to in subarticle

(1) is not one intended for any public authority the

punishment shall be that of imprisonment not exceeding

one year or a fine (multa).".

Immediately after article 204C of the Code, there shall be

added the following new article

"204D. Whosoever

(a) compels a person under age to perform sexual

activities with another person, or

(b) knowingly causes, for sexual purposes, a

person under age to witness sexual abuse or sexual

activities, even without causing the said person to

participate in the activities, or

(c) knowingly causes, for sexual purposes, a

person under age to participate in real or simulated

sexually explicit conduct or exhibition of sexual organs,

including through information and communication

technologies, or

(d) participates in sexual activities with a person

under age, where recourse is made to child prostitution, or

(e) knowingly

attends

a

pornographic

performance involving the participation of a person under

age,

shall, on conviction, be liable to imprisonment for a term from

eighteen months to five years, with or without solitary

confinement.".

In subarticle (1) of article 208 of the Code

(a)

for the words "not exceeding six months" there

shall be substituted the words "from six to twelve months";

(b)

for the words "not exceeding four hundred and

sixty-five euro and eighty-seven cents (465.87)," there shall be

substituted the words "of not less than one thousand euro

(1,000) and not more than three thousand euro (3,000),".

Article 208A of the Code shall be amended as follows

Amendment of

article 208A of

the Code.

(a)

for subarticle (1) thereof there shall be substituted

the following

"(1) Any citizen or permanent resident of Malta

whether in Malta or outside Malta, as well as any person in

Malta, who makes or produces or permits to be made or

produced any indecent material or produces, distributes,

disseminates, imports, exports, offers, sells, transmits,

makes available, procures for oneself or for another, or

shows such indecent material shall, on conviction, be

liable imprisonment for a term from twelve months to five

years.";

(b)

subarticle (1B) thereof shall be substituted by the

following

"(1B)Any person who acquires, knowingly obtains

access through information and communication

technologies to, or is in possession of, any indecent

material which shows, depicts or represents a person under

age, shall, on conviction, be liable to imprisonment for a

term from not exceeding three years.".

(c)

in subarticle (3) thereof

(i) for the words "shown in the photograph, film,

video recording or electronic image," there shall be

substituted the words "shown, depicted or represented in

the indecent material,";

(ii) for the words "nine years:" there shall be

substituted the words "nine years or where the indecent

material shows, depicts or represents a minor involved in

acts of bestiality, brutality, sadism or torture:";

(iii) in paragraph (a) thereof, for the words

"eighteen months to seven years" there shall be substituted

the words "two to nine years";

(iv) in paragraph (b) thereof for the words "three

months to three years," there shall be substituted the words

"six months to four years,";

(d)

in subarticle (4) thereof, for the words "indecent

photograph, film, video recording or electronic image"

wherever they occur there shall be substituted the words

"indecent material";

(e)

in subarticle (5) thereof, for the words "such

indecent photograph, film, video recording or electronic image"

there shall be substituted the words "the indecent material";

(f)

immediately after subarticle (6) thereof there shall

be added the following new subarticle

"(7) For the purposes of this article the expression

"indecent material" includes photographs, images, audio or

video recordings, digitally created or electronic images,

drawings, cartoons, text and simulated representations or

realistic images of a minor, even if the minor is non-

existent, or of the sexual parts of a child for primarily

sexual purposes.".

Immediately after article 208A of the Code there shall be

added the following new articles

208AA. Whosoever, by means of information

and communication technologies, proposes to meet

a person under age for the purpose of committing

any of the offences in articles 204, 204A to 204D,

both inclusive, and 208A, shall, where the proposal

is followed by material acts leading to such a

meeting, be liable on conviction to imprisonment for

a term from twelve months to four years.

208AB. Whosoever disseminates any

materials advertising the opportunity to commit any

of the offences under articles 204, 204A to 204C,

both inclusive, 208A(1) and 208A(1A), or is

involved in the organization of travel arrangements

with the purpose of committing any of the said

offences, shall, on conviction, be liable to

imprisonment for a term from twelve months to two

years.

208AC. (1) The punishment for the offences

referred to in articles 204, 204A to 204D, both

inclusive, 208A (1) and 208(1A), shall be increased

by one to two degrees in each of the following

cases

(a)

where the offence results in harm

to the physical or mental health of the person

under age;

(b)

where the person under age is a

vulnerable person within the meaning of

subarticle (2);

(c)

where the offence is committed

by two or more persons acting together;

(d)

in any of the circumstances

described in paragraphs (a), (b), (c) and (h) of

article 202;

(e)

if the offender lives with or is a

member of the victim’s family;

(f)

if the offender has been

previously convicted of an offence under this

sub-title.

(2)

For the purposes of this article a

vulnerable person means

(a)

any person under the age of

fifteen years; or

(b)

any person suffering from a

physical or mental infirmity; or

(c)

any other person considered by

the court to be particularly at risk of being

induced into cooperating with the offender or

into surrendering to the offender’s will when

taking into account the person’s age, maturity,

health, pregnancy, disability, social or other

conditions including any situation of

dependence, as well as the physical or

psychological consequence of the offence on

that person.".

Article 208B of the Code shall be amended as follows

Amendment of

article 208B of

the Code.

(a)

in subarticle (1) thereof, for the words "204A to

204C" there shall be substituted the words "204A to 204D" and

for the words "208A(1) and (1A)" there shall be substituted the

words "208A(1), (1A), 208AA and 208AB";

(b)

in subarticle (2) thereof, for the words "exercising

professional activities" there shall be substituted the words

"exercising activities";

(c)

immediately after subarticle (2) thereof, there shall

be inserted the following new subarticles

"(2A) Where the court makes an order under

subarticle (2) such order shall be registered in any criminal

record of the offender.

.(2B) Where the person convicted of any of the

offences mentioned in subarticle (1) is the subject of an

order as that provided for by subarticle (2) made by a

foreign court the court shall order that effect shall be given

to the order made by the foreign court as if it were an order

made by the court under subarticle (2).".

(d)

in paragraph (c) of subarticle (5) thereof, for the

words "outside Malta." there shall be substituted the words

"outside Malta; or" and immediately thereafter there shall be

inserted the following new paragraph

"(d) the offence was committed against a Maltese

national or permanent resident in Malta.".

Article 225 of the Code shall be amended as follows

(a)

The present provision thereof shall be renumbered

as subarticle (1) thereof and immediately thereafter there shall

be inserted the following new subarticle

"(2) Where the offender has caused the death of

more than one person or where in addition to causing the

death of a person the offender has also caused bodily harm

to another person or other persons the punishment shall be

that of imprisonment of a term from five to ten years.".

Immediately after article 248 of the Code there shall be

inserted the following new heading and new article

"GENERAL PROVISION APPLICABLE TO OFFENCES

UNDER SUB-TITLES I TO V, BOTH INCLUSIVE,

AND SUB-TITLE VIII

248 Bis. The provisions of subarticles (2) and

Disability in case of

offences against

(2A) of article 208B shall apply to any person found

persons under age.

guilty of any offence under Sub-titles I to V, both

inclusive, and Sub-title VIII when committed against

a person under age.".

For subarticle (1) of article 248A of the Code there shall be

substituted the following

"248 A. (1) Whosoever, by any means mentioned in

subarticle (2), traffics a person of age for the purpose of

exploiting that person in

(a) the production of goods or provision of

services; or

(b)

slavery or practices similar to slavery; or

(c)

servitude; or

(d)

activities associated with begging; or

(e) any other unlawful activities not specifically

provided for elsewhere under this sub-title,

shall, on conviction, be liable to the punishment of

imprisonment for a term from two to nine years.".

Immediately after article 248D of the Code there shall be Addition of new

articles 248DA

inserted the following new articles

and 284DB to

the Code.

248DA. Whosoever, for any purpose referred to

in articles 248A to 248C, both inclusive, acting as an

intermediary for the adoption of a child improperly

induces the consent of any person whose consent is

required for the adoption shall on conviction be liable

to the punishment laid down in article 248D.

248DB. Whosoever shall practice or engage in

child labour for any of the purposes mentioned in

article 248A shall, on conviction, be liable to the

punishment established under article 248D.

For the purposes of this article child labour

shall include the coercion of a person under age into

forced or compulsory labour for any purpose

whatsoever including the forced or compulsory

recruitment of minors to take part in armed conflict.".

Article 248E of the Code shall be amended as follows

Amendment of

article 248E of

the Code.

(a)

in subarticle (1) thereof, for the words

"transportation or transfer" there shall be substituted the words

"transportation, sale or transfer";

(b)

subarticle (2) thereof shall be amended as follows

(i) in paragraph (a) thereof, for the words "by

grievous bodily harm" there shall be substituted the words

"by violence";

(ii) immediately after paragraph (c) thereof there

shall be inserted the following new paragraphs

"(d) is committed by a public officer or

servant in the course of the exercise of his duties;

or

(e) is committed against a vulnerable

person within the meaning of subarticle (2) of

article 204D; or

(f) when the offender willfully or

recklessly endangered the life of the person

trafficked,".

Immediately after article 272 of the Code there shall be

inserted the following new article

272A. (1) Whosoever shall be guilty of theft

accompanied with grievous bodily harm from which

death ensues shall be liable

(a)

if the harm is grievous and death

ensues as a result of the nature or the natural

consequences of the harm and not of any

supervening accidental cause,:-

(i) to imprisonment for a term

from eight to thirty years, if death shall

ensue within forty days to be reckoned

from the midnight immediately preceding

the crime;

(ii) to imprisonment for a term

from six to twenty five years, if death shall

ensue after the said forty days, but within

one year to be reckoned as above.

(b)

if death shall ensue as a result of a

supervening accidental cause and not solely as a

result of the nature or the natural consequences

of the harm, the offender shall, on conviction,

be liable to imprisonment for a term from five

to ten years.

(2) The provisions of article 220(3) shall

apply where the harm is caused within the territorial

limits of Malta but death occurs outside those

limits.".

Immediately after article 310B of the Code there shall be

inserted the following heading and new article

"GENERAL PROVISION APPLICABLE TO OFFENCES

UNDER SUB-TITLES I, II and III

310C. The provisions of subarticles (2) and

(2A) of article 208B shall apply to any person found

guilty of any offence under Subtitles I to III, both

inclusive, when committed against a person under

age.".

In the definition of "lethal device" in subarticle (4) of Amendment of

article 314A of the Code, for the words "includes any thing that is article

the Code.

designed" there shall be substituted the words "includes any

radioactive dispersal or radiation-emitting device, and any other

thing, that is designed" and immediately after the words "or

radioactive material" there shall be inserted the words "or owing to its

radiological properties".

Immediately after article 314C of the Code there shall be Addition of new

articles 314CA,

inserted the following new articles

314CB, 314CC

and 314CD to

314CA.Whosoever uses in any way radioactive the Code.

material or a lethal device, or uses or damages a

nuclear facility in a manner which releases or risks

the release of radioactive material

(a)

with the intent to cause death or

serious bodily injury; or

(b)

with the intent to cause serious

damage to property or to the environment; or

(c)

with the intent to compel a natural

or legal person, an international organization or

a State to do or refrain from doing an act,

shall on conviction be liable to

imprisonment for a term from eight to thirty

years even though no injury to any person,

property or the environment has actually been

caused and even if no natural or legal person or

any international organization or any State has

been compelled as aforesaid.

314CB.(1) If as a result of the offence referred

to in the last preceding article, any person shall

perish, the offender shall be liable to the punishment

of imprisonment for life.

(2) If as a result of the offence referred to in

the last preceding article, a grievous bodily harm is

caused to any person, the offender shall be liable to

imprisonment for a term from four to twenty years

Provided that if a grievous bodily harm is

caused to two or more persons the punishment laid

down in the last preceding article shall apply and

shall not be awarded in its minimum.

(3) If as a result of the offence referred to in

the last preceding article

(a)

any serious spoil, damage or injury

to or upon any movable or immovable property

belonging to any person or to or upon the

environment is caused;

(b)

a natural or legal person or an

international organization or a State is

compelled to do or to refrain from doing an act;

the punishment therein mentioned shall

not be awarded in its minimum.

(4) Where the offence takes place in, or is

directed at, a public place, a state or government

facility, an infrastructural facility or a public

transportation system the punishment for the offence

shall be increased by one degree.

314CC.(1) Whosoever unlawfully possesses

radioactive material or makes or possesses a lethal

device

(a)

with the intent to cause death or

serious bodily injury; or

(b)

with the intent to cause serious

damage to property or to the environment

shall be liable to the punishment laid down

in article 313 increased by one or two degrees.

(2) Whosoever –

(a)

threatens, under circumstances

which indicate the credibility of the threat, to

commit the offence under subarticle (1); or

(b)

by the use of threats, under the

same circumstances aforesaid, or by the use of

force, unlawfully and knowingly demands

radioactive material, a lethal device or a nuclear

facility

shall be liable to the punishment laid down

in article 313 increased by one or two degrees.

(3) Whosoever –

(a)

organizes or directs others to

commit an offence under subarticles (1) to (3),

both inclusive; or

(b)

in any other way knowingly

contributes to the commission of one or more of

the offences under subarticles (1) to (3), both

inclusive, by a group of persons acting with a

common purpose when such contribution is

made with the aim of furthering the general

criminal activity or purpose of the group or in

the knowledge of the intention of the group to

commit the offence or offences concerned,

shall be liable to the punishment laid down

for the offence under subarticles (1) to (3), both

inclusive, as the case may be, provided that

where that offence has only been attempted but

not completed the punishment shall be that laid

down for the attempted offence.

(4) In this article and in articles 314CA and

314CB

"lethal device" has the same meaning assigned

to it by subarticle (4) of article 314A and includes a

nuclear explosive device;

"nuclear facility" means

(a)

any nuclear reactor, including

reactors installed on vessels, vehicles, aircraft

or space objects for use as an energy source in

order to propel such vessels, vehicles, aircraft

or space objects or for any other purpose;

(b)

any plant or conveyance being

used for the production, storage, processing or

transport of radioactive material;

"nuclear material" shall have the same meaning

assigned to it by subarticle (4) of article 314B;

"radioactive material" means nuclear material

and other radioactive substances which contain

nuclides which undergo spontaneous disintegration (a

process accompanied by emission of one or more

types of ionizing radiation, such as alpha-, beta-,

neutron particles and gamma rays) and which may,

owing to their radiological or fissile properties, cause

death, serious bodily injury or substantial damage to

property or to the environment;

"public transportation system" "state or

government facility", and "infrastructure facility"

shall have the same meaning assigned to them

respectively by subarticle (4) of article 314A.

314CD. Without prejudice to the provisions of

Jurisdiction.

article 5, the Maltese courts shall also have

jurisdiction over the offences in articles 314A, 314B,

314C, 314CA and 314CB, where

(a)

the offender is a Maltese national

or permanent resident in Malta; or

(b)

the offence is committed against a

Maltese national or permanent resident in

Malta; or

(c)

the offence is committed in an

attempt to compel Malta to do or to abstain

from doing an act; or

(d)

the offence is committed on board

an aircraft which is operated by the

Government of Malta; or

(e)

the offence is committed against

Malta or a government facility of Malta abroad,

including an embassy or other diplomatic or

consular premises of Malta.".

In subarticle (3) of article 314D of the Code, in the

definition of "relevant offence" for the words "314B and 314C" there

shall be substituted the words “314B, 314C, 314CA and 314CC".

In the proviso to article 328 of the Code, for the words

"public property" there shall be substituted the words "public

property, other than a motor vehicle,".

In subarticle (1) of article 337B of the Code, immediately

after the definition of "computer" there shall be inserted the

following

" "computer data" means any representation of facts,

information or concepts in a form suitable for processing in a

computer system, including a program suitable to cause a

computer system to perform a function;".

Subarticle (1) of article 337C of the Code shall be

amended as follows

(a)

paragraph (e) thereof shall be substituted by the

following

"(e) hinders or impairs the functioning or

operation of a computer system, software or the integrity

or reliability of any data;";

(b)

in paragraph (g) thereof, for the words "erases,

destroys, varies" there shall be substituted the words "damages,

deletes, deteriorates, suppresses, destroys, varies";

(c)

in paragraph (j) thereof, for the words "other law."

there shall be substituted the words "other law;" and

immediately thereafter there shall be added the following new

sub-paragraphs

"(k) intercepts by technical means, non-public

transmissions of data, to, from or within a computer

system, including electromagnetic emissions from a

computer system carrying such computer data;

(l) produces, sells, procures for use, imports,

distributes, possesses or otherwise makes available a

device, including a computer program, designed or adapted

primarily for the purpose of committing any of the acts in

paragraphs (a) to (j) above.".

Immediately after paragraph (ll) of article 338 of the Code Amendment of

article 338 of

there shall be added the following new paragraph

the Code.

"(mm) uses gas canons or any other equipment that works

manually or automatically, to produce noises, mainly intended

to keep away animals from fields or other open spaces

Provided that in such a case, besides awarding punishment,

the Court shall also order the removal of the equipment.".

Immediately after subarticle (4) of article 362 of the Code Amendment of

article 362 of

there shall be added this new subarticle

the Code.

"(5)

The provisions of subarticles (3) and (4) of this

article shall mutatis mutandis apply to the service of the

summons and of any accompanying documents whenever a

person is to be served with any summons and with any

accompanying documents in accordance with any other

provision of this Code or of any other law.".

In paragraph (d) article 374 of the Code for the words "if Amendment of

the complainant does not appear" there shall be substituted the words article

the Code.

"if for the first sitting the complainant does not appear".

The present provision of article 435AA of the Code shall Amendment of

be renumbered as subarticle (1) thereof and immediately thereafter article

of the Code.

there shall be inserted the following new subarticles

"(2)

Where a monitoring order has been made or

applied for, whosoever, knowing or suspecting that the

monitoring is taking place or has been applied for, discloses that

such monitoring is taking place or has been applied for or makes

any other disclosures likely to prejudice the monitoring

operation shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) not exceeding twelve thousand euro

(12,000) or to imprisonment not exceeding twelve months, or to

both such fine and imprisonment

Provided that in proceedings for an offence under

this subarticle, it shall be a defence for the accused to prove that

he did not know or suspect that the disclosure was likely to

prejudice the monitoring operation.

(3)

For the purposes of this article, "relevant offence"

means an offence, not being one of an involuntary nature,

consisting of any act or omission which if committed in these

islands, or in corresponding circumstances, would constitute an

offence liable to the punishment of imprisonment or of

detention for a term of more than one year.".

Article 435BA of the Code shall be amended as follows

(a)

the present provision thereof shall be renumbered

as subarticle (1) thereof;

(b)

in subarticle (1) thereof as renumbered, for the

words "of a suspect" there shall be substituted the words "of a

person suspected of a relevant offence within the meaning of

subarticle (3) of article 435AA";

(c)

immediately after subarticle (1) thereof as

renumbered there shall be inserted the following new subarticle

"(2) Where a person or authority has been

indicated by the Attorney General as provided under

article 435AA, that person or authority shall transmit the

information resulting from the monitoring operation to the

Attorney General."

Immediately after article 435BB of the Code there shall be

added a new article

435BC.(1) Pursuant to and in accordance with

any treaty, convention, agreement or understanding to

which Malta is a party or which is otherwise

applicable to Malta, the Attorney General may, with

the concurrence of the Minister responsible for

Justice, give his consent to the temporary surrender

of a person in custody in Malta for the purpose of an

investigation to be carried out or being carried out by

a judicial, prosecuting or administrative authority of

any place outside Malta at the request of the said

authority.

(2) The person surrendered shall be kept in

custody in the place outside Malta to which he has

been surrendered.

(3) Any time spent in custody in the place

outside Malta shall be deemed to be time spent in

custody in Malta.".

In subarticle (3) of article 525 of the Code, for the words Amendment of

"article 397(5) and " there shall be substituted the words "article 397, article

the Code.

mutatis mutandis the provisions of subarticles (2) to (4), both

inclusive, of article 467 and" and immediately after the words "of

criminal judicature" there shall be inserted the words "under

subarticle (1) of article 370 or under any other provision of this Code

or of any other law.".

In subarticle (3) of article 541 of the Code, for the words Amendment of

"Attorney General within two" there shall be substituted the words article

the Code.

"Attorney General, together with the record of the proceedings,

Immediately after subarticle (3) of article 550A of the Amendment of

article 550A of

Code there shall be added a new subarticle

the Code.

"(4)

The Magistrate shall communicate to the Attorney

General such information about the inquest as may be requested

by the Attorney General who moreover shall, at all times, have

access to the record of the proceedings of the inquest and to all

documents and material objects exhibited in the course of the

inquest including the reports of experts and depositions of

witnesses.".

Immediately after subarticle (13) of article 649 of the Amendment of

article 649 of

Code, there shall be added the following new subarticle

the Code.

"(14)

Where

the

Attorney

General

has

made

a

declaration as provided in subarticle (2), foreign officials

designated by the foreign authority or international court which

made the request shall be entitled to be present for the

examination of witnesses or when investigative measures are

being taken.".

PART II

(1) This Part amends the Code of Police Laws and it shall

be read and construed as one with the Code of Police Laws,

hereinafter in this Part referred to as "the Code".

(2) This Part shall come into force on such date as the Minister

responsible for Justice may by notice in the Gazette establish and

different dates may be so established for different provisions and

different purposes thereof.

Immediately after the heading "OF ANIMALS" in Part

VIII of the Code, there shall be added the following new articles

" Interpretation.

152. For the purposes of this

Part "animal" shall have the same

meaning assigned to it in article 2 of

the Animal Welfare Act.

Precautions.

153. Any person who keeps

confined or causes or suffers any

animal to be kept confined in any

place shall take such precautions as

may

be

required

by

the

circumstances to prevent such

animal from giving annoyance to the

neighbourhood by howling or

whimpering or otherwise.".

PART III

(1)

This Part amends the Traffic Regulation Ordinance

and it shall be read and construed as one with the Traffic Regulation

Ordinance, hereinafter in this Part referred to as "the principal law".

(2) This Part shall come into force on such date as the Minister

responsible for transport may by notice in the Gazette establish and

different dates may be so established for different provisions and

different purposes thereof.

Article 15B of the principal law shall be substituted by the

following

"15B. (1) No person shall drive, attempt to drive or be in

charge of a motor-car or other vehicle on a road or other public

place after consuming so much alcohol that the proportion of it

in his breath, blood or urine exceeds the prescribed limit.

(2)

The Minister responsible for the Police may make

regulations which provide for –

(a) the procedures to be adopted by the Police in

the carrying out of breathalyser tests;

(b) the determination of the type of device to be

used for the taking of the breathalyser test;

(c) the procedure for the taking of body fluid

specimens including blood;

(d) the determination of the laboratory for the

taking of body fluid specimens including blood

Provided that the Minister responsible for the Police may,

by regulations made under this Ordinance, amend, repeal or

repeal and re-enact the schedules to this Ordinance.".

Article 15E of the principal law shall be amended as Amendment of

article 15E of

the principal

law.

(a)

subarticle (1) thereof shall be amended as follows

(i) for the words "under articles 15A and 15B ",

there shall be substituted the words "under articles 15A

and 15B(1)";

(ii) paragraph (a) thereof shall be substituted by

the following

"(a) to provide a breath specimen or

specimens for analysis by means of the approved

device, according to regulations made under this

Ordinance, and the result so obtained shall be

admissible in evidence in any proceedings for an

offence under articles 15A or 15B(1).The results

of the analysis shall be presumed correct unless

the contrary is proved; or";

(iii) paragraph (b) thereof shall be substituted by

the following

"(b) to provide a specimen or specimens

of blood and urine for laboratory analysis, which

shall take place at an approved laboratory,

according to regulations made under this

Ordinance, and the opinion of the analyst in that

laboratory and the results of the analysis shall be

admissible in evidence in any proceedings for an

offence under articles 15A or 15B(1). The results

of the analysis shall be presumed correct unless

the contrary is proved.";

(b)

subarticles (2) and (3) thereof shall be deleted;

(c)

in subarticle (4) thereof, for the words "A person

who refuses or fails to provide a specimen as provided under

this article shall be guilty of an offence:" there shall be

substituted the words "A person who refuses or fails to provide

the requisite specimen as provided under this article or

regulations made under this Ordinance shall be guilty of an

offence and unless the contrary is proved, it shall be presumed

that the proportion of alcohol in that person’s blood exceeds the

prescribed limit:"; and

(d)

subarticle (5) thereof shall be deleted and

subarticle (6) thereof shall be renumbered as subarticle (5)

thereof.

Article 15F of the principal law shall be substituted by the

following

"15F. (1) A person required to provide a specimen of

breath or body fluid and who consents to such procedure may be

detained by the Police until such person provides the necessary

specimen or until the person is no longer a danger to himself or

to others.

(2)

The Minister shall by regulations establish, and

may, when established, alter by regulations, the allowed

proportion of alcohol in the breath.".

subarticle (1) of article 15H of the principal law shall be

amended as follows

(a)

in paragraph (a) thereof, for the words "four

hundred and sixty-five euro and eighty-seven cents (465.87)"

there shall be substituted the words "one thousand two hundred

euro (1,200)"; and

(b)

in paragraph (b) thereof, the words "one thousand

two hundred (1,200) but not exceeding" shall be deleted.

Article 15I of the principal law shall be amended as Amendment of

article 15I of the

principal law.

(a)

for the definition "breath test" in subarticle (1)

thereof, there shall be substituted the following new definition

" "breath test" means a test for the purpose of

determining, by means of a device of a type approved by

the Minister, whether the proportion of alcohol in a

person’s breath is in excess of the limit prescribed by

regulations under this Ordinance;"; and

(b)

subarticle (3) thereof shall be substituted by the

following new subarticle

"(3) A person shall be deemed to have provided a

specimen of urine or breath only if that specimen is

provided in such a manner and in such quantity and of such

quality as is capable of being properly analysed for the

purposes of article 15E or for the purposes of regulations

made under this Ordinance.".

Immediately after article 15I of the principal law, there Addition of new

article to the

shall be added the following new articles

principal law.

15J. Any person who drives a motor-car or

Driving through or

emerging a red light.

other vehicle through or emerges a red light shall be

guilty of an offence and on conviction shall be liable

to a fine (multa) of two hundred and fifty euro (250).

The First Schedule of the principal law shall be substituted Amendment of

the First

with the following

Schedule to the

principal law.

"FIRST SCHEDULE

First Column

Second Column

Punishment

Driving motor vehicle on

caterpillar tracks

First offence

Fine (multa) of not less than €250 but

not exceeding €1,200

Subsequent offence

Fine (multa) of not less than €500 but

not exceeding €1,200 and forfeiture of

vehicle".

Immediately after the last item of the Second Schedule to

the principal law, there shall be inserted the following new items

"Driving along a priority vehicle

lane.........................

Fine (ammenda) of €100

Driving on the right hand side not

for overtaking purposes.....

Fine (ammenda) of €100

Driving a motor-car or other vehicle

while holding and, or using a hand-

held mobile telephone or any other

similar hand-held device, while the

motor vehicle is in motion

Fine (ammenda) of €100

Driving or allowing to drive a motor

vehicle when the glazing of that

vehicle does not allow a visible light

transmission...........................

Fine (ammenda) of €100".

PART IV

This Part amends the Police Act and it shall be read and

construed as one with the Police Act, hereinafter in this part referred

to as "the principal law".

In the definition of "protected witness" in article 2 of the

principal law, for the words "under article 75(1)." there shall be

substituted the words "under article 75(1);" and immediately

thereafter there shall be added the following new definitions

" "seconding Member State" means the Member State of

the European Union which authorizes its officers or other

officials to participate in joint patrols and operations with the

Police as provided in subarticle (1) of article 117A; "seconded

officers" means officers or other officials of a seconding

Member State;

"the European Union” means the European

" Cap. 460 .

Union as referred to in the Treaty;

"the Treaty" shall have the same meaning assigned to it by

article 2 of the European Union Act.".

The present provision of article 108 of the principal law

shall be renumbered as subarticle (1) thereof and immediately

thereafter there shall be added the following new subarticle

"(2)

The Commissioner may also make standing orders

for the general governance of seconded officers as defined

under article 117A.".

Immediately after article 117 of the principal law there Addition of new

articles 117A to

shall be inserted the following new articles

117E, both

inclusive, to the

117A.(1) The Commissioner may authorize principal law.

the competent authorities of a Member State of the

European Union (hereinafter referred to as

‘seconding Member State’) to conduct in Malta,

jointly with or under the supervision or direction of

the Police, patrols and other operations by officers

or other officials (hereinafter referred to as

‘seconded officers’) of that State.

(2) The Commissioner may also grant the

said authorization following a request by a foreign

competent authority of a Member State.

117B.The Minister may, after consulting with

the Commissioner and with the consent of the

seconding Member State -

(a)

confer any one or more of the

functions, powers and duties as are by law

vested in a member of the Police, to a

seconded officer participating in joint

operations or joint patrols with the Police, or

(b)

authorize a seconded officer

participating in joint operations or joint

patrols with the Police, to exercise his

executive powers in accordance with the law

of the seconding Member State

Provided that seconded officers may

only exercise any function, power or duty

conferred or authorized under this article under the

guidance and in the presence of the Police.

117C.(1) The Commissioner may authorize

seconded officers to wear their national uniform.

(2) Seconded officers shall not be in

possession or use fire-arms and other offensive

weapons or materials unless authorized to do so by

the Commissioner. The provisions of Part V of this

Act shall apply mutatis mutandis to a seconded

officer.

117D.Any seconded officer taking part in any

of the operations referred to in article 117A, shall,

for the purpose of any criminal liability incurred

under the Criminal Code or any other law by that

officer, or by others for conduct against that

officer, be deemed to be a public officer.

117E.For the purposes of articles 117A to

Meaning of

seconded

117D, both inclusive, "seconded officers" shall be

officers.

construed as including officials of bodies set up

pursuant to the Treaty.".

PART V

This Part amends the Merchant Shipping Act and it shall

be read and construed as one with the Merchant Shipping Act,

hereinafter in this part referred to as "the principal law".

Immediately after subarticle (4) of article 314 of the

principal law there shall be added the following new subarticle

"(5)

Notwithstanding the provisions of subarticle (3) of

this article, article 550A(4) of the Criminal Code shall apply to

any formal investigation held under this Part of this Act as if for

the words "the inquest" there were substituted the words "the

formal investigation" and for the word "experts" there was

substituted the word "assessors".".

PART VI

This Part amends the Extradition Act and it shall be read

and construed as one with the Extradition Act, hereinafter in this part

referred to as "the principal law".

Immediately after subarticle (2) of article 22 of the

principal law there shall be inserted the following new articles

"(2A) Notwithstanding the provisions of subarticles (1)

and (2) the Court may receive in evidence in proceedings under

or for the purposes of this Act any document not authenticated

in accordance with those provisions where the document is

authenticated or deemed to be authenticated in accordance with

the provisions of subarticles (2B) and (2C).

(2B) In any proceedings under or for the purposes of this

Act a document issued in the requesting country may also be

received in evidence in proceedings under this Act if it is duly

authenticated in accordance with subarticle (2C).

(2C) A document shall be deemed to be duly authenticated

if (and only if) one of these applies -

(a) it purports to be signed by a judge, magistrate

or officer of the requesting country; or

(b)

it purports to be certified, whether by seal or

otherwise, by the Ministry, department or other authority

responsible for justice or for foreign affairs of the

requesting country; or

(c) it purports to be authenticated by the oath,

declaration or affirmation of a witness.

(2D) Any document which is to be sent in connection

with proceedings under this Act, may be transmitted by any

secure means capable of producing written records and under

conditions permitting the ascertainment of its authenticity.".

Immediately after article 24 of the principal law, there Addition of new

article 24A to

shall be added the following new articles

the principal

law.

24A. (1) The Commissioner of Police may

authorize transit through Malta of a person who is

being surrendered to any country provided that the

following information is furnished

(a)

the identity and nationality of the

person against whom the request has been

issued;

(b)

the existence of a warrant for the

arrest and surrender of that person;

(c)

the nature and legal classification

of any offence on which the warrant for the

arrest and surrender of the requested person is

based;

(d)

the

description

of

the

circumstances of any offence, including the

date and place of such offence

Provided that transit may be

refused if the person being surrendered is a

national or permanent resident of Malta and the

surrender is being made for the purpose of

execution of a sentence of imprisonment or

another form of detention.

(2) The information in subarticle (1) may be

transmitted to the Commissioner of Police by any

means capable of producing a written record.

(3) When the transport of the surrendered

person is to take place by air, it will only be necessary

to provide the Commissioner of Police with the

information required in subarticle (1) in the event that

an unscheduled landing occurs.

(4) A person being conveyed through Malta in

the course of his extradition or removal as a

convicted prisoner from one country to another shall

be kept in custody during the period of transit.".

Immediately after article 30 of the principal law, there shall

be added the following new article

30A. (1)

This article applies if the Minister

believes that-

(a)

arrangements have been made or

are applicable between Malta and another

country for the extradition of a person to that

country; and

(b)

the country is not a designated

Commonwealth country or a designated foreign

country.

(2) The Minister may certify that the

conditions in paragraphs (a) and (b) of subarticle (1)

are satisfied in relation to the extradition of the

person.

(3) If the Minister issues a certificate under

subarticle (2), this Act applies in respect of the

person's extradition to the other country as if that

country were a designated foreign country.

(4) As applied by subarticle (3), this Act has

effect with any other modifications specified in the

certificate.

(5) A certificate under subarticle (2) in

relation to a person is conclusive evidence that the

conditions in paragraphs (a) and (b) of subarticle (1)

are satisfied in relation to the person's extradition.".

PART VII

This part amends the Prevention of Money Laundering Act

and it shall be read and construed as one with the Prevention of

Money Laundering Act, hereinafter in this part referred to as "the

principal law".

In the definition "money laundering" in article 2 of the

(a)

in sub-paragraph (iv) thereof, for the words

"knowing that" there shall be substituted the words "knowing or

suspecting that";

(b)

in paragraph (a) of subarticle (2) thereof, for the

words "criminal activity." there shall be substituted the words

"criminal activity and without it being necessary to establish

precisely which underlying activity.".

Immediately after article 4A of the principal law there Addition of new

article to the

shall be added a new article

principal law.

"4B. (1)Where, upon information received, the Attorney

General has reasonable cause to suspect that a person

(hereinafter referred to as "the suspect") is guilty of the offence

mentioned in article 3, he may apply to the Criminal Court for

an order (hereinafter referred to as a "monitoring order")

requiring a bank to monitor for a specified period the

transactions or banking operations being carried out through

one or more accounts in the name of the suspect, or through one

or more accounts suspected to have been used in the

commission of the offence or which could provide information

about the offence or the circumstances thereof, whether before,

during or after the commission of the offence, including any

such accounts in the name of legal persons. The bank shall, on

the demand of the Attorney General, communicate to the person

or authority indicated by the Attorney General the information

resulting from the monitoring and, once the information is

collated, the person or authority receiving the information shall

transmit that information to the Attorney General.

(2)

Where a monitoring order has been made or

applied for, whosoever, knowing or suspecting that the

investigation is taking place, discloses that an investigation is

being undertaken or makes any other disclosures likely to

prejudice the said investigation shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding

eleven thousand and six hundred and forty six euro and eighty-

seven cents (11,646.87) or to imprisonment not exceeding

twelve months, or to both such fine and imprisonment

Provided that in proceedings for an offence under

this subarticle, it shall be a defence for the accused to prove that

he did not know or suspect that the disclosure was likely to

prejudice the investigation.".

Immediately after article 9 of the principal law there shall Addition of new

article to the

be added a new article

principal law.

"9A. Where the request referred to in the preceding

article is made for the purpose of monitoring the transactions or

banking operations being carried out through one or more

accounts of a suspect, the Attorney General may apply to the

Criminal Court for a monitoring order and the provisions of

article 4B shall apply mutatis mutandis.".

Immediately after article 30A of the principal law there

shall be added a new article

"30B. (1)When the Unit receives a report as is referred to

in article 16(1)(a) or when from information in its possession

the Unit suspects that any subject person may have been used

for any transaction suspected to involve money laundering or

funding of terrorism or that property is being held by a subject

person that may have derived directly or indirectly from, or

constitutes the proceeds of, criminal activity or from an act or

acts of participation in criminal activity, the Unit may require

the subject person to monitor for a specified period the

transactions or banking operations being carried out through

one or more accounts in the name of any person suspected of the

said offences, or through one or more accounts suspected to

have been used in the commission of any of the said offences or

which could provide information about the offences or the

circumstances thereof, whether before, during or after the

commission of the offences, including any such accounts in the

name of legal persons. The subject person shall communicate to

the Unit the information resulting from the monitoring and the

Unit may use that information for the purpose of carrying out its

analysis and reporting functions under this Act.

(2)

Where a monitoring order has been made or

applied for, whosoever, knowing or suspecting that the

investigation is taking place, discloses that an investigation is

being undertaken or makes any other disclosures likely to

prejudice the said investigation shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding

eleven thousand and six hundred and forty six euro and eighty-

seven cents (11,646.87) or to imprisonment not exceeding

twelve months, or to both such fine and imprisonment

Provided that in proceedings for an offence under this

subarticle, it shall be a defence for the accused to prove that he

did not know or suspect that the disclosure was likely to

prejudice the investigation.

(3)

The provisions of article 30(2) shall mutatis

mutandis apply where any information is demanded by the Unit

under this article.".

PART VIII

(1)

This part amends the Arms Act and it shall be read Amendment of

and construed as one with the Arms Act, hereinafter in this part the

referred to as "the principal Act".

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

date as the Minister responsible for the Police may by notice in the

Gazette establish, and different dates may be so established for

different provisions or different purposes of this Act.

Immediately after subarticle (2) of article 24 of the Amendment of

article 24 of the

principal Act there shall be added the following new proviso

principal Act.

"Provided that when a person is found guilty of an offence

mentioned in subarticle (1), where the Court deems fit to award

the punishment for that offence without imposing the

disqualification of a license, such license shall be renewed.".

Immediately after article 55 of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

55A. (1) No person shall sell, or offer for sale,

"Toys in the shape of

toys in the shape of firearms, arms proper,

ammunition or knuckle dusters.

(2) Whosoever shall contravene the provisions

of subarticle (1) shall, on conviction, be liable to a

fine (multa) of not less than twenty-five euro and not

more than four hundred and fifty euro.

(3) The provisions of articles 61 and 64 shall

not apply in relation to offences under this article.".

Passed by the House of Representatives at Sitting No. 237 of the

15th June, 2010.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives