ACT No. IV of 2014 AN ACT further to amend various laws related to criminal matters.

I assent.

G EORGE A BELA

(L.S.)

President

18th March, 2014

ACT No. IV of 2014

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

Matters) (Amendment) Act, 2014.

PART I

Amendments to the Criminal Code

(1) This Part amends the Criminal Code, and it shall be

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

Part referred to as "the Code".

(2) The provisions of the new article 534AF of the Code, as

added by article 23 of this Act, shall come into force on such date as

the Minister responsible for Justice may, by order in the Gazette,

establish.

Article 23D of the Code shall be amended as follows

(a)

for sub-article (2) thereof there shall be substituted

the following

"(2) Whosoever is required by the Registrar to

provide information for the purpose of sub-article (1) shall

comply with the demand within thirty days from the day of

receipt of the demand."; and

(b) immediately after sub-article (2) thereof, as

substituted, there shall be added the following new sub-article

"(3) The demand made by the Registrar, and any

reply thereupon in terms of this article, may be made by

electronic mail.".

Article 202 of the Code shall be amended as follows

Amendment of

article 202 of

the Code.

(a)

for the words "shall be increased by one degree"

there shall be substituted the words "shall be increased by one to

two degrees";

(b) in paragraph (g) thereof for the words "has not

completed the age of nine years" there shall be substituted the

words "is a minor";

(c)

in paragraph (i) thereof for the words "of a minor."

there shall be substituted the words "of a minor;"; and

(d) immediately after paragraph (i) thereof, there shall

be added the following new paragraphs

"(j) the offence, or related offences, were

committed repeatedly;

(k) the offence was committed against a

vulnerable person within the meaning of article 208AC(2);

(l)

the offence was committed with the threat of

a weapon;

(m) the offence resulted in severe physical or

psychological harm for the victim;

(n) the offender has been previously convicted of

offences of a similar nature.".

Article 204 of the Code shall be amended as follows

Amendment of

article 204 of

the Code.

(a)

in sub-article (1) thereof, for the words "eighteen

months to four years" there shall be substituted the words "two

to five years"; and

(b) in the proviso to sub-article (1) thereof, for the

words "two to six years" there shall be substituted the words

"three to nine years".

Article 204A of the Code shall be amended as follows

(a)

in sub-article (1) thereof, for the words "two to six

years" there shall be substituted the words "three to twelve

years";

(b) in paragraph (a) of sub-article (1) thereof, for the

words "violence compels" there shall be substituted the words

"violence, threats, coercion or force compels"; and

(c)

in paragraph (c) of sub-article (2) thereof, for the

words "meaning of article 83A(1)." there shall be substituted the

words "meaning of article 83A(1);" and immediately thereafter

there shall be added the following new paragraph

"(d) when the offender abuses of a recognised

position of trust, authority or influence over the person

under age.".

Article 204B of the Code shall be amended as follows

(a)

for sub-article (1) thereof, there shall be substituted

the following

"(1) Whosoever in order to gratify the lust of any

other person engages, recruits or causes a person under age

to practice prostitution, or to participate in pornographic

performances, or profits from or otherwise exploits a

person under age for such purposes, shall, on conviction,

be liable to imprisonment for a term from two to nine

years, with or without solitary confinement.";

(b) in sub-article (2) thereof, for the words "two to six

years" there shall be substituted the words "three to twelve

years"; and

(c)

in paragraph (c) of sub-article (2) thereof, for the

words "meaning of article 83A(1)." there shall be substituted the

words "meaning of article 83A(1); and immediately thereafter

there shall be added the following new paragraph

"(d) when the offender abuses of a recognised

position of trust, authority or influence over the person

under age.".

Article 204C of the Code shall be amended as follows

Amendment of

article 204C of

the Code.

(a)

in sub-article (1) thereof, for the words "exceeding

two years" there shall be substituted the words "exceeding five

years";

(b)

sub-article (2) thereof, shall be amended as follows

(i) for the words "two to six years" there shall be

substituted the words "four to twelve years";

(ii) in paragraph (a) thereof for the words "with

violence" there shall be substituted the words "with

violence, coercion, force or threats";

(iii) in paragraph (c) thereof the words "and any

of the circumstances mentioned in paragraph (d) occurs"

shall be deleted; and

(iv) in paragraph (d) thereof the words "and (c)"

shall be deleted.".

Article 204D of the Code shall be amended as follows

Amendment of

article 204D of

the Code.

(a)

for the words "eighteen months to five years" there

shall be substituted the words "three to ten years";

(b) in paragraph (a) thereof for the words "compels a

person" there shall be substituted the words "compels, coerces,

forces or threatens a person";

(c)

article 204D shall be renumbered as article 204D(1);

and

(d) immediately after article 204D(1), as renumbered,

there shall be added the following new sub-article

"(2) The punishment for the offence in sub-article

(1) shall be increased by one degree, with or without

solitary confinement, in each of the following cases

(a) when the offender wilfully or

recklessly endangered the life of the person under

age;

(b) when the offence involves violence or

grievous bodily harm on such person;

(c)

when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1);

(d) when the offender abuses of a

recognised position of trust, authority or influence

over the person under age.".

Article 205 of the Code shall be amended as follows

(a)

for the words "for a term not exceeding two years,

with or without solitary confinement" there shall be substituted

the words "for a term not exceeding five years, with or without

solitary confinement"; and

(b) in the proviso thereof, for the words "imprisonment

for a term from one to four years" there shall be substituted the

words "imprisonment for a term of two to seven years.".

In sub-article (1) of article 208A of the Code, immediately

after the word "sells," there shall be added the words "supplies,".

Article 208AA of the Code shall be amended as follows

(a)

article 208AA thereof shall be renumbered as article

208AA(1);

(b) in article 208AA(1) thereof, as renumbered, for the

words "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"

there shall be substituted the words "shall, where the proposal is

followed by material acts leading to such a meeting, be liable on

conviction to imprisonment for a term from two to five years";

and

(c)

immediately after article 208AA(1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) The punishment for the offence in sub-article

(1) shall be increased by one degree, with or without

solitary confinement, in each of the following cases

(a) when the offender wilfully or

recklessly endangered the life of the person under

age;

(b) when the offence involves violence or

grievous bodily harm on such person;

(c) when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1);

(d) when the offender abuses of a

recognised position of trust, authority or influence

over the person under age.".

Article 208AB of the Code shall be amended as follows

Amendment of

article 208AB

of the Code.

(a)

article 208AB thereof shall be renumbered as article

208AB(1);

(b) in article 208AB(1) thereof, as renumbered, for the

words "shall, on conviction, be liable to imprisonment for a

term from twelve months to two years" there shall be substituted

the words "shall, on conviction, be liable to imprisonment for a

term from two to five years"; and

(c)

immediately after article 208AB(1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) The punishment for the offence in sub-article

(1) shall be increased by one degree, with or without

solitary confinement, in each of the following cases

(a) when the offender wilfully or

recklessly endangered the life of the person under

age;

(b) when the offence involves violence or

grievous bodily harm on such person;

(c) when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1);

(d) when the offender abuses of a

recognised position of trust, authority or influence

over the person under age.".

Sub-article (1) of article 208AC of the Code shall be Amendment of

article 208AC

amended as follows

of the Code.

(a)

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

substituted the words "208A(1) to 208AB, both inclusive,";

(b)

in paragraph (a) thereof, immediately after the

words "where the offence" there shall be added the words

"involved the use of violence or"; and

(c)

in paragraph (f) thereof, for the words "this sub-

title." there shall be substituted the words "this sub-title;" and

immediately thereafter there shall be added the following new

paragraphs

"(g) where the offence is committed by a member

of the child’s family, a person cohabiting with the child or

a person who has abused a recognised position of trust or

authority;

(h) where the offence was committed within the

framework of a criminal organisation within the meaning

of Council Framework Decision 2008/841JHA of 24

October 2008 on the fight against organised crime;

(i) where the offender has deliberately or

recklessly endangered the life of a child

Provided that where an aggravation of punishment in

respect of the circumstances mentioned in this article is already

provided for under this Code or any other law, the higher

punishment shall be applied.".

In sub-article (1) of article 208B, immediately after the

words "208A(1), (1A)," there shall be added the words "(1B),".

Immediately after article 208B of the Code there shall be

added the following new article

" Aiding and

208C. Whosoever aids, abets or

abetting.

instigates any offence under articles 204,

204A to 204D, both inclusive, and articles

208A to 208AB, both inclusive, shall be

guilty of an offence and shall be liable on

conviction to the punishment laid down for

the offence aided, abetted or instigated.".

Immediately after article 209 of the Code there shall be

added the following new article

" Non-

209A. The provisions of article 21 shall

applicability of

not apply in the case where a person is found

article 21

guilty of an offence under this subtitle.

Sub-article (1) of article 350 of the Code shall be amended

as follows

(a)

in the definition "non-intimate sample" the word

"means" shall be substituted by the word "includes"; and

(b) immediately after subparagraph (e) thereof there

shall be added the following new subparagraph

"(f) a voice sample;".

Article 363 of the Code shall be substituted by the Substitution of

article 363 of

following

the Code.

363. The summons shall be executed

"Time and

place for

between seven o’clock in the morning and

service of

summons.

seven o’clock in the evening in any residential

home excluding Sundays or Public Holidays

or in the case where the summons is being

executed in a commercial property or office at

any day or any time that that commercial

property or that office is open to the public or

where the case merits expediency at those

times duly authorised by the Court.".

For sub-article (6) of article 370 of the Code there shall be Amendment of

article 370 of

substituted the following

the Code.

"(6) The provisions of article 392A shall also apply,

mutatis mutandis, to offences which fall within the competence

of the Court of Magistrates as a court of criminal judicature in

accordance with the provisions of this article.".

Article 392A of the Code shall be amended as follows

Amendment of

article 392A of

the Code.

(a)

in sub-article (1) thereof, immediately after the

words "in answer to the question in article 392(1)(b)" there shall

be added the words "or in any stage of the proceedings"; and for

the words "the provisions of article 453(1) shall, mutatis

mutandis, apply subject to the following provisions of this

article." there shall be substituted the words "the court shall

warn him in the most solemn manner about the legal

consequences of that reply, and shall allow him a period of time

for him to reply.";

(b) in sub-article (2) thereof, immediately after the

words "of the offence charged" there shall be added the words ",

such reply shall be registered, and";

(c)

in sub-article (3) thereof, for the words

"notwithstanding the confession of the accused, order that the

inquiry be proceeded" there shall be substituted the words

"notwithstanding the confession of the accused, order that the

proceedings be continued";

(d) for sub-article (5) thereof, there shall be substituted

the following

"(5) At any stage of the proceedings, the accused

and the Attorney General may agree and may request the

court by means of an application, so that in the case where

the accused pleads guilty, the Court of Magistrates as a

court of criminal judicature, shall apply such sanction or

measure or, where it is so provided by law, a combination

of sanctions and measures, of the type and quantity agreed

upon between them, and in respect of which the accused

may be sentenced when he is found guilty for the offence

or the offences with which he has been charged."; and

(e)

immediately after sub-article (5) thereof, as

substituted, there shall be added the following new sub-articles

"(6) If the court is satisfied that the sanction or the

measure, or the combination of sanctions or measures

requested, as provided for in the preceding sub-article, are

such that it shall be lawful for it to impose upon finding the

accused guilty of the offence for which the accused has

pleaded guilty, and the court feels that it should not order

that the case continues in accordance with the provisions

of sub-article (3) or for any other reason that it should

dismiss the request, and after having clearly explained to

the accused the consequences of his request, the court

shall, where an admission of guilt is made by the accused,

proceed to award the sentence indicated to it by the parties

wherein it shall be declared in its decision that the sentence

which is being awarded is being so awarded on the request

of the parties.

(7) The provisions of article 453A(3) to (5), both

sub-articles inclusive, shall, mutatis mutandis, apply to the

proceedings under this article.".

Immediately after article 392A of the Code there shall be

added the following new article

" Admission of

392B. (1) If the accused, in answer to

guilt.

the question in article 392(1)(b) or in any

stage of the proceedings, states that he is

guilty of the offence charged and the said

offence is liable to a punishment exceeding

ten years imprisonment, the court shall, after

recording the admission of guilt

(a)

order the record of the

inquiry, together with all the exhibits in

the case, to be, within three working

days, transmitted to the Attorney

General; and

(b) notify the Registrar of the

Criminal Court that an admission of

guilt has been made.

(2) The Attorney General shall be

allowed the term of one month for the filing

of the indictment, to run from the day of the

receipt of the record referred to in the last

preceding article. The said term shall, on the

demand of the Attorney General, be extended

by the court to an additional period of fifteen

days, and, on the expiration of this other

period, by the President of Malta to a further

additional period of fifteen days, and, where

the matter is such that the determination of the

true nature of the offence necessarily depends

upon the lapse of a longer period of time, to

such longer period

Provided that the Attorney General shall

have the right, instead of filing the bill of

indictment, in accordance with this subarticle,

to present a note in the Criminal Court by

which note he shall declare that the

indictment presented before the Court of

Magistrates as a court of inquiry and to which

the accused person has admitted guilt, shall be

considered as a bill of indictment and, in this

case, such option by the Attorney General

shall not in any way give rise to any nullity or

other

defect

in

the

proceedings

notwithstanding the other provisions of this

Code and of any other law.

(3) Notwithstanding the provisions of

the proviso to subarticle (2) where the

Attorney General opts to file a bill of

indictment in accordance with the provisions

of subarticle (2), the provisions of Title V of

Part II of Book Second shall, mutatis

mutandis, apply to an indictment filed

following an admission of guilt made under

this article.

(4) Where the Criminal Court is notified

by the Court of Magistrates as a court of

inquiry, about the admission of guilt in

accordance with paragraph (b) of subarticle

(1), the Criminal Court shall, within two

months from the date of notification, appoint

the date of hearing.".

Immediately after sub-article (2) of article 500 of the Code,

there shall be added the following new sub-articles

"(3) On any appeal against all acquittal, whether in

respect of the whole or part of the indictment, the Court of

Criminal Appeal shall allow an appeal by the Attorney General

if it considers that there has been an irregularity during the

proceedings, or a wrong interpretation or application of the law,

which could have had a bearing on the verdict

Provided that the Court may, notwithstanding that it

is of opinion that the point raised in the appeal under this sub-

article might be decided in favour of the Attorney General,

dismiss the appeal if it considers that no miscarriage of justice

has actually occurred.

(4) The Court of Criminal Appeal shall, upon an appeal

made in terms of sub-article (3) affirm, vary or reverse the

verdict from which an appeal has been filed.".

Immediately after article 526 of the Code there shall be

added the following new article

" Procedural

526A. Pursuant to and in accordance with

documents.

any treaty, convention, agreement or

understanding between Malta and another

country or which applies to both such

countries or to which both such countries are

a party, procedural documents or any act of

the proceeding may be sent directly by post to

a person who is in the territory of the foreign

country in a language which that person

understands

Provided

that

procedural

documents shall be accompanied by a report

indicating to the said person the remedies

available and that information about his rights

and obligations concerning the document may

be obtained from the issuing authority or from

another competent authority in Malta.".

Immediately after article 534 of the Code there shall be Addition of new

Title and articles

added the following new Title and articles

to the Code.

"Title VI

Of the Rights of Suspects and Accused

534A. The provisions of this Title shall

Rights of

suspect and

apply to a person from the time that he is

accused.

made aware by the Executive Police that he is

suspected of having committed an offence

(hereinafter in this title referred to as the

"suspect") and to a person charged or accused

of having committed an offence (hereinafter

in this title referred to as the "accused") until

the conclusion of the criminal proceedings,

including, where applicable, the passing of

sentence and the determination of an appeal

Provided

that

"criminal

proceedings" shall include investigations by

the Executive Police and extradition

proceedings.

534AB. (1) Saving the provisions of

Right to

information

articles 355AC, 355AS, 392 and 445, it shall

and Letter of

Rights.

be the duty of the Police or of the Court, as

the case may be, to inform the suspect or the

accused without undue delay of the following

procedural rights

(a)

the right of access to a

lawyer;

(b) any entitlement to free legal

advice and the conditions for obtaining

such advice;

(c)

the right to be informed, in

such detail as is necessary to safeguard

the fairness of the proceedings and the

effective exercise of his rights of

defence, of the offence he is suspected

or accused of having committed

Provided that the suspect or

accused shall be promptly informed of

any changes in the information given in

accordance with this article where this is

necessary to safeguard the fairness of

the proceedings;

(d) the right to interpretation

and translation;

(e)

the right to remain silent.

(2) The information provided for

under sub-article (1) shall be given orally or

in writing, in simple and accessible language,

taking into account any particular needs of

vulnerable suspected or accused persons

within the meaning of 208AC(2).

(3) It shall be the duty of the Police to

provide a person arrested or detained

promptly with the Letter of Rights set out in

Schedule E and the Police shall give the said

person an opportunity to read it and to retain

same in his possession throughout the time

that he is detained. The Letter of Rights shall

be written in a language that the person

understands

Provided that where the Letter of

Rights is not available in the appropriate

language, the suspect or the accused shall be

informed of his rights orally in a language that

he understands and the Letter of Rights shall

subsequently, and without undue delay, be

provided to him in a language that he

understands.

(4) Information

provided

in

accordance with this article shall be recorded

by the Police or by the Court, as the case may

be.

534AC. (1) Saving the provisions of

Right to

interpretation.

articles 355AC, 451 and 516(2) where the

suspect does not speak or understand the

language of the criminal proceedings, as the

case may be, he shall be provided, without

unreasonable delay, with interpretation in the

course of the said proceedings, including

during police questioning.

(2) Interpretation shall be made

available for communications between the

suspect or the accused and their legal counsel

in direct connection with any questioning or

hearing during the proceedings or with the

lodging of an appeal or other procedural

applications.

(3) The right to interpretation under

sub-articles (1) and (2) shall apply to persons

suffering

from

hearing

or

speech

impediments.

(4) It shall be the duty of the Executive

Police and of the Court, as the case may be, to

ascertain whether the suspect or the accused

speak and understand the language of the

criminal proceedings and whether they need

the assistance of an interpreter.

(5) Nothing in this article shall be

construed as precluding the suspect or the

accused to demand that any decision finding,

at any stage of the criminal proceedings, that

there is no need for interpretation be reviewed

and, when interpretation has been provided,

the possibility to complain that the quality of

the interpretation is not sufficient to safeguard

the fairness of the proceedings.

(6) Interpretation provided under this

article shall be of a quality sufficient to

safeguard the fairness of the proceedings, in

particular by ensuring that the suspect or the

accused has knowledge of the case against

him and is able to exercise his right of

defence.

534AD. (1) Where the suspect or the

Right to

translation of

accused does not understand the language of

essential

documents.

the criminal proceedings concerned, he shall,

within a reasonable period of time, be

provided with a written translation of all

documents which are essential to ensure that

he is able to exercise their right of defence

and to safeguard the fairness of the

proceedings.

(2) The decision determining what

constitutes an essential document shall be

taken by the Executive Police or by the Court,

as the case may be, and the suspect or the

accused or his legal counsel may submit a

reasoned request to that effect

Provided that essential documents

shall include any decision depriving a person

of his liberty, any charge or indictment, and

any judgment

Provided further that it shall not be

required to translate passages of essential

documents which are not relevant for the

purposes of enabling the suspect or the

accused to have knowledge of the case against

him.

(3) Nothing in this article shall be

construed as precluding the suspect or the

accused to demand that any decision finding,

at any stage of the criminal proceedings, that

there is no need for the translation of

documents or passages thereof be reviewed

and, when a translation has been provided, the

possibility to complain that the quality of the

translation is not sufficient to safeguard the

fairness of the proceedings.

(4) Notwithstanding the preceding

provisions of this article, an oral translation or

oral summary of essential documents may be

provided instead of a written translation on

condition that such oral translation or oral

summary does not prejudice the fairness of

the proceedings.

(5) Where the suspect or the accused

waives the right to translation of documents

referred to in this article such waiver shall be

recorded in writing and only after the

Executive Police or the Court, as the case may

be, is satisfied that the suspect or accused has

received prior legal advice or has otherwise

obtained full knowledge of the consequences

of such a waiver, and that the waiver was

unequivocal and given voluntarily.

(6) Translation provided under this

article shall be of a quality sufficient to

safeguard the fairness of the proceedings, in

particular by ensuring that suspected or

accused persons have knowledge of the case

against them and are able to exercise their

right of defence.

534AE. (1) Notwithstanding

the

Costs and

quality of

provisions of article 533, the services of

interpretation

and translation.

interpretation and translation resulting from

the application of articles 534AB to 534AD,

both inclusive, shall be free of charge.

(2) The registrar shall keep a register

of translators and interpreters who are

appropriately qualified. Once established,

such register shall, where appropriate, be

made available to legal counsel and other

relevant authorities.

534AF. Where a person is arrested and

Rights of

access to the

detained at any stage of the criminal

materials of the

case.

proceedings, any documents in the possession

of the Police which are related to the specific

case and which are essential to challenge

effectively the lawfulness of the arrest or

detention, shall be made available to the

arrested person or to his lawyer.

(2) The person suspected or accused

shall have access, which shall be free of

charge, to all material evidence in the

possession of the Police, whether for or

against the said suspect or the accused, or to

his lawyers in order to safeguard the fairness

of the proceedings and to prepare his defence.

(3) Without prejudice to sub-article

(1), access to the material referred to in sub-

article (2) shall be granted in due time to

allow the effective exercise of the rights of the

defence and at the latest upon submission on

the merits of the accusation. Where further

material evidence comes into the possession

of the Police, access shall be granted to it in

due time to allow for it to be considered by

the suspect or the accused or by his lawyer.

(4) Notwithstanding the provisions of

sub-article (2) and (3) and provided that this

does not prejudice the right to a fair trial, after

hearing the prosecution, a court nor

magistrate may refuse access to certain

materials if such access may lead to a serious

threat to the life or the fundamental rights of

another person or if such refusal is strictly

necessary to safeguard an important public

interest or where it could prejudice an

ongoing investigation or national security.

534AG. When a suspect or an accused in

Records.

any criminal proceedings has been assisted by

an interpreter or when an oral translation or an

oral summary of essential documents has been

provided in accordance with law, or when the

said suspect or accused has waived the right to

translation of essential documents as provided

for in article 534AD(5), a record of this fact

shall be made in the acts of the relevant

criminal proceedings.".

In paragraph (c) of article 636 of the Code, for the words

"of the suit.", there shall be substituted the words "of the suit; or" and

immediately thereafter there shall be added the following new

paragraph

"(d) that, in the case of a witness who has been admitted

to benefit under a witness protection programme set up in terms

of Title IV of Part III of the Police Act, the witness was either

charged with the same offence in respect of which his

deposition is required or that he is liable to be prosecuted in the

future in respect of the said offence or of a related offence.".

Immediately after sub-article (5A) of article 649 of the

Code, there shall be added the following new sub-article

"(5B) The proceedings referred to in this article shall, as

nearly as may be, be conducted as if they were an inquiry

relating to the "in genere".".

Immediately after Schedule D to the Code there shall be Addition of new

Schedule to the

added the following new Schedule

Code.

"Schedule E

[Article 534AB]

PART I

Letter of Rights

You have the following rights when you are arrested or

detained

A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO

LEGAL AID

You have the right to speak confidentially to a lawyer or to a

legal procurator, face to face or by telephone for not more that an

hour before your interrogation.

A police officer in the grade of Superintendent or higher may

authorise the delay for you to exercise this right, however this period

cannot exceed more than 36 hours.

The police may immediately proceed to interrogate you during

this period, however you will still retain the right to remain silent.

Ask the police if you need help to get in contact with a lawyer or

a legal procurator. The police will help you.

However the police will not indicate to you the name of the

lawyer or of the legal procurator that you may engage during your

detention.

In certain cases assistance may be free of charge. Ask the police

for more information.

B.

INFORMATION ABOUT THE ACCUSATION

If you are arrested, the police shall have the duty to inform you

that you are in fact under arrest, even if the arrest appears evident.

You have the right to be informed, at the time of your arrest or

your detention, in a language you understand, the reasons for your

arrest or detention.

If you have been arrested by a warrant issued by a Magistrate,

you shall have the right to a copy of that warrant which shall be

signed by the Magistrate who issued the said warrant.

C.

INTERPRETATION AND TRANSLATION

If you do not speak or understand the language spoken by the

police or other competent authorities, you have the right to an

interpreter, free of charge. The interpreter may help you to talk to

your lawyer and must keep the content of that communication

confidential. You have the right to translation of at least the relevant

passages of the essential documents, including any order by a Judge

or Magistrate allowing your arrest or keeping you in custody, any

charge or indictment and any judgment. You may in some

circumstances be provided with an oral translation or summary.

D.

RIGHT TO REMAIN SILENT

While questioned by the police or by other competent

authorities, you have the right to remain silent. Your lawyer can help

you in your decision.

E.

ACCESS TO DOCUMENTS

When you are arrested and detained, you, or your lawyer, have

the right to access essential documents you need to challenge the

arrest or detention.

If your case goes to court, you or your lawyer have the right to

access the material evidence for or against you.

F. INFORMING SOMEONE ELSE ABOUT YOUR

ARREST OR DETENTION/INFORMING YOUR CONSULATE OR

EMBASSY

When you are arrested or detained you may, if you want to, ask

the police to inform a relative or a friend of yours of your detention.

In certain cases according to law, the right to inform another

person of your detention may be temporarily restricted. Such delay

may not be more than six hours from the time of arrest.

In such cases the police will inform you of this.

If you are a foreigner, inform the police if you want your

consular authority or embassy to be informed of your detention.

You may choose to also inform the police if you want to contact

an official of your consular authority or embassy.

G.

URGENT MEDICAL ASSISTANCE

When you are arrested or detained, you shall have the right, on

your request, to a doctor of your choice, as long as such doctor may

be easily contacted.

Please inform the police if you are in need of urgent medical

assistance.

H.

PERIOD OF DEPRIVATION OF LIBERTY

After your arrest you may be deprived of liberty or detained for

a maximum period of 48 hours.

Ask your lawyer or the judge for information about the

possibility to challenge your arrest, to review the detention or to ask

for provisional release.

PART II

Letter of Rights for persons arrested on the basis

of a European Arrest Warrant

You have been arrested on the basis of an European Arrest

Warrant. You have the following rights

A. INFORMATION ABOUT THE EUROPEAN ARREST

WARRANT

You have the right to be informed about the content of the

European Arrest Warrant on the basis of which you have been

arrested.

B.

ASSISTANCE OF A LAWYER

You have the right to speak confidentially to a lawyer or to a

legal procurator, face to face or by telephone for not more than an

hour before your interrogation.

A police officer in the grade of Superintendent or higher may

authorise the delay for you to exercise this right, however this period

cannot exceed more than 36 hours.

The police may immediately proceed to interrogate you during

this period, however you will still retain the right to remain silent.

Ask the police if you need help to get in contact with a lawyer or

a legal procurator. The police will help you.

However the police will not indicate to you the name of the

lawyer or of the legal procurator that you may engage during your

detention.

In certain cases assistance may be free of charge. Ask the police

for more information.

C.

INTERPRETATION AND TRANSLATION

If you do not speak or understand the language spoken by the

police or other competent authorities, you have the right to be assisted

by an interpreter, free of charge. The interpreter may help you to talk

to your lawyer and must keep the content of that communication

confidential. You have the right to a translation of the European

Arrest Warrant in a language you understand. You may in some

circumstances be provided with an oral translation or summary.

D.

POSSIBILITY TO CONSENT

You may consent or not consent to being surrendered to the

State seeking you. Your consent would speed up the proceedings.

This decision is irrevocable. Ask the authorities or your lawyer for

more information.

E.

HEARING

If you do not consent to your surrender, you have the right to be

heard by a judicial authority.".

PART II

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance, and it

shall be read and construed as one with the Dangerous Drugs

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

Immediately after sub-article (3B) of article 22 of the

principal Ordinance there shall be added the following new sub-

article

"(3BA) Title IV of Part III of Book Second of the Criminal

Code shall mutatis mutandis apply to proceedings for offences

under this Ordinance.".

Immediately after sub-article (6) of article 22A of the Amendment of

article 22A of

Ordinance there shall be added the following new sub-articles

the Ordinance.

"(7) Where the court does not proceed forthwith to make

an order as required under sub-article (1), the court shall

forthwith make a temporary freezing order having the same

effect as an order made under this article, which temporary

order shall remain in force until such time as the court makes

the order required by the said article.

(8) Where for any reason whatsoever the court denies a

request made by the prosecution for an order under sub-article

(1), 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 this article shall

apply mutatis mutandis to the order made by the Criminal Court

under this sub-article as if were an order made by the court

under sub-article (1). The temporary freezing order made under

sub-article (7) shall remain in force until the Criminal Court

determines the application.

(9) The person charged may within three working days

from the date of the making of the order under sub-article (7)

apply to the Criminal Court for the revocation of the order,

provided that order shall remain in force unless revoked by the

Criminal Court.".

Immediately after article 22A of the Ordinance there shall Addition of new

article to the

be added the following new article

Ordinance.

" Registrar to

22AB. (1) Where the court makes any

conduct

order as is referred to in article 22A, it shall

inquiries.

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.

(2) Whosoever is required by the

Registrar to provide information for the

purpose of sub-article (1) shall comply with

the demand within thirty days from the day of

receipt of the demand.

(3) The demand made by the Registrar,

and any reply thereupon in terms of this

article, may also be made by electronic mail.".

Article 24A of the Ordinance shall be amended as follows

(a)

in sub-article (9) thereof, the words "not below the

rank of inspector" shall be deleted; and

(b) in sub-article (11) thereof, for the words "thirty

days" wherever they occur, there shall be substituted the words

"forty-five days".

PART III

Amendments to the Police Act

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 Act".

Immediately after article 61 of the principal Act there shall

be added the following new article

" Letter of

Any person who is arrested shall

rights.

be promptly provided with the Letter of

Rights as set out in Schedule E to the

Criminal Code and the said person shall be

given the opportunity to read it and to retain

same in his possession throughout the time

that he is detained. The Letter of Rights shall

be written in a language that the person

understands

Provided that where the Letter of

Rights is not available in the appropriate

language, the person arrested shall be

informed of his rights orally in a language that

he understands and the Letter of Rights shall,

subsequently and without undue delay, be

provided to him in a language that he

understands.".

36. Article 75 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, immediately after the

words "and that person is concerned for his safety" there shall

be added the words "or there exist concerns over that person’s

safety"; and

(b) in sub-article (2) thereof, for the words "evidence is

indispensably required" there shall be substituted the words

"evidence is required".

37. Article 81 of the principal Act shall be substituted by the Substitution

article 81 of the

following

principal Act.

" Criminal

(1)

A protected witness who

proceedings in

took part in the fact which constitutes a crime

respect of a

for which others are being or are to be

protected

witness.

prosecuted, shall not be prosecuted for any

crime arising from the same fact before the

proceedings in which he is or will be a

witness shall have become res judicata

Provided that no objection to the

competence of a protected witness shall be

admitted on the ground that the said witness

was either charged with the same offence in

respect of which his deposition is required or

that he is liable to be prosecuted in the future

in respect of the said offence or of a related

offence.

(2) In criminal proceedings instituted

against a protected witness for any crime

arising from the same fact on which the

protected witness would have given evidence,

the court shall take into due account the fact

that the protected witness gave evidence

against any principal or accomplice in such

manner as it deems appropriate and the

punishment of such protected witness may be

mitigated or remitted and the court shall

expressly refer to the provisions of this article

in its judgement.

(3) In any civil proceedings instituted

against a protected witness based on the fact

that the said witness was the perpetrator or

was an accomplice in the crime on which he

tendered evidence, the court shall, if it finds

that the protected witness is responsible for

the payment of damages, only hold him liable

for such part of the damage as he may have

caused and shall, notwithstanding the

provisions of articles 1049, 1050 and 1051A

of the Civil Code or of any other law, hold

him not liable jointly and severally with

others

Provided that the exemption from

joint and several liability provided for in this

sub-article shall not apply in the case of

damages resulting from wilful homicide or

from grievous bodily harm.

(4) Notwithstanding the provisions of

sub-article (2), where in criminal proceedings

as provided for in sub-article (1) instituted

against a protected witness -

(a)

the prosecution declares in

the records of the proceedings that the

accused has tendered evidence on facts

constituting a criminal offence liable to

a punishment of imprisonment of more

than one year which has helped the

police to apprehend the person or

persons who committed the said

criminal offence; or

(b) the protected witness proves

to the satisfaction of the court that his

evidence has so helped the police,

the punishment for such crime shall be

diminished as regards imprisonment by one or

two degrees and as regards any pecuniary

penalty by one-third or one-half

Provided that the court may, if it

considers that the circumstances of the case so

merit, after hearing all the evidence and after

convicting the protected witness, either

further reduce the punishment or exempt the

protected

witness

from

punishment

completely

Provided further that, when it

applies the above proviso to exempt the

protected

witness

from

punishment

completely, the court shall make a report to

the President of Malta stating the reasons for

its action and shall expressly refer to the

provisions of this article in its report.".

PART IV

Amendments to the Lotteries and Other Games Act

38. This Part amends the Lotteries and Other Games Act and it Amendment of

shall be read and construed as one with the Lotteries and Other the

and Other

Games Act, hereinafter in this Part referred to as "the principal Act". Games

39. In the first proviso to sub-article (1) of article 67 of the Amendment of

principal Act for the words "is a recidivist" there shall be substituted article

principal Act.

the words "is a recidivist of an offence against this Act".

PART V

Amendments to the Probation Act

40. This Part amends the Probation Act and it shall be read and Amendment of

construed as one with the Probation Act, hereinafter in this Part the

Act.

referred to as "the principal Act".

41. Article 21 of the principal Act shall be amended as Amendment of

article 21 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the words "Criminal

Court "there shall be substituted the words "Court of

Magistrates"; and

(b) in the first proviso to sub-article (1) thereof, for the

words "Criminal Court "there shall be substituted the words

"Court of Magistrates".

PART VIII

Transitory Provision

42. The provisions of articles 24 and 35 of this Act shall also Transitory

have effect in respect of all criminal proceedings pending before any provision.

Court at the time of the coming into force of this Act even if the said

proceedings are at appeal stage.

Passed by the House of Representatives at Sitting No. 129 of the

12th March, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives