ACT No. IX of 2015 AN ACT to make provision for the rights, support and protection of victims, and for matters connected therewith or incidental thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

2nd April, 2015

ACT No. IX of 2015

AN ACT to make provision for the rights, support and protection

of victims, and for matters connected therewith or incidental thereto.

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:-

Part I - Of Victims of Crime

The short title of this Act is the Victims of Crime Act,

2015.

In this Act, unless the context otherwise requires

"family members" means the spouse, the person who is living

with the victim in a committed intimate relationship, in a joint

household and on a stable and continuous basis, the relatives in direct

line, the siblings and the dependents of the victim;

"Minister" means the Minister responsible for the welfare of

victims of crime;

"Ministry" means the Ministry responsible for the welfare of

victims of crime;

"minor" means a person of either sex who has not yet attained the

age of eighteen years;

"restorative justice" means any process whereby the victim and

the offender are enabled, if they freely consent, to participate actively

in the resolution of matters arising from the criminal offence through

the help of an impartial third party;

"victim" means

(a)

a natural person who has suffered harm, including

physical, mental or emotional harm or economic loss which was

directly caused by a criminal offence;

(b) family members of a person whose death was

directly caused by a criminal offence and who have suffered

harm as a result of that person’s death.

(1) In relations with any competent authority in the Right to

context of criminal proceedings, all communications between the said understand

to be

authority and any victim shall be conducted in simple and accessible understood.

language, orally or in writing. Such communications shall take into

account the personal characteristics of the victim including any

disability which may affect the ability to understand or to be

understood.

(2) Unless contrary to the interests of the victim or unless the

course of proceedings would be prejudiced, a victim may be

accompanied by a person of his choice in the first contact with a

competent authority where, due to the impact of the crime, the victim

requires assistance to understand or to be understood.

The following information shall be offered to an injured Right to receive

party, without unnecessary delay and as may be applicable, from his information

from a

first contact with a competent authority in order to enable him to competent

authority.

access the following rights set out in Directive 2012/29/EU of the

European Parliament and of the Council of 25 October 2012

establishing minimum standards on the rights, support and protection

of victims of crime, and replacing Council Framework Decision

2001/220/JHA

(a) the type of support which can be obtained and from

whom, including, where relevant, basic information about

access to medical support, any specialist support, including

psychological support, and alternative accommodation;

(b) the procedures for making complaints with regard to

a criminal offence and the victim’s role in connection with such

procedures;

(c)

how and under what conditions the victim can

obtain protection, including protection measures;

(d) how and under what conditions the victim can

access legal advice, legal aid and any other sort of advice;

(e)

how and under what conditions the victim can

access compensation;

(f)

how and under what conditions the victim is entitled

to interpretation and translation;

(g) if the victim is resident in a Member State other than

that where the criminal offence was committed, any special

measures, procedures or arrangements, which are available to

protect his interests in Malta;

(h) the available procedures for making complaints

where the victim’s rights are not respected by the competent

authority operating within the context of criminal proceedings;

(i)

the contact details for communications about the

victim’s case;

(j)

the available restorative justice services;

(k) how and under what conditions expenses incurred as

a result of the victim’s participation in the criminal proceedings

can be reimbursed.

(1) Where a complaint is made by the victim in terms of

article 546 of the Criminal Code, the Executive Police shall deliver to

the victim a written acknowledgement of his complaint stating the

basic elements of the criminal offence concerned.

(2) It shall be lawful for a victim, who requests to make a

complaint with regard to a criminal offence and who does not

understand or speak Maltese or English, to make the complaint in a

language that he understands or by receiving the necessary linguistic

assistance of an interpreter.

(3) A victim who does not understand or speak Maltese or

English shall, if he so requests, receive a translation into a language

he understands, which translation shall be free of charge, of the

written acknowledgement of the complaint referred to in sub-article

(1).

(1) A victim shall be notified without unnecessary delay

of his right to receive the following information about the criminal

proceedings instituted as a result of the complaint made by him and

upon request, the victim shall receive information on

(a)

any decision not to proceed with or to end an

investigation or not to prosecute the offender;

(b) the time and place of the trial, and the nature of the

charges against the offender;

(c)

any final judgement in a trial;

(d) information enabling the victim to know about the

state of the criminal proceedings, unless in exceptional cases the

proper handling of the case may be adversely affected by such

notification

Provided that in the circumstances cited in paragraphs (a)

and (c) and unless in the case of a verdict in a trial by jury or where

prohibited by law, the information shall include reasons or a brief

summary of reasons for the decision concerned

Provided further that it shall not be necessary to furnish

such information in cases where the victim, as injured party, has been

served with the notice of first hearing or admitted into the

proceedings as provided in article 410(4) and (5) of the Criminal Cap. 9.

Code.

(2) A victim shall be offered the opportunity to be notified,

without unnecessary delay, when the person remanded in custody,

prosecuted or sentenced for criminal offences concerning the said

victim is released from or has escaped detention and of any relevant

measures issued for his protection in case of release or escape of the

offender.

(3) A victim shall, upon request, receive the information

provided for in sub-article (2) at least in cases where there is a danger

or an identified risk of harm to him, unless there is an identified risk

of harm to the offender which would result from the notification.

(1) Where the injured party does not understand the Right to

language in which the criminal proceedings are conducted or any interpretation

and translation.

evidence is adduced, such proceedings or evidence shall be

interpreted to him either by the court or by a sworn interpreter.

(2) An injured party who does not understand or speak the

language of the court shall, upon request, be provided with

translations of information essential to the exercise of his rights in the

criminal proceedings in a language he understands, free of charge, to

the extent that such information is made available to the injured party.

(3) Translations of the information cited in sub-article (2) shall

include at least any decision ending the criminal proceedings, and

upon the injured party’s request, reasons or a brief summary of

reasons for such decision, except in the case of a verdict in a trial by

jury.

(4) Saving the provisions of articles 410(4) to (6), 414(1) and

421(1) of the Criminal Code, an injured party who is entitled to

information about the time and place of the trial in accordance with

article 6(1)(b) and who does not understand the language of the court

shall, upon request, be provided with a translation of the information

to which he is entitled.

(5) An injured party may submit a reasoned request to

consider a document as essential although there shall be no

requirement to translate passages of essential documents which are

not relevant for the purpose of enabling the injured party to actively

participate in the criminal proceedings.

(6) Notwithstanding the provisions of sub-articles (1) and (2),

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.

(7) The court shall assess whether victims need interpretation

or translation as provided for under sub-articles (1) and (2).

The injured party shall be notified of any decision by the

Executive Police not to institute proceedings against the offender

without unnecessary delay. Such notification shall at least contain the

reasons on which the decision not to institute proceedings was taken

Provided that the disclosure of such information would not

be contrary to the public policy or the internal public law of Malta or

if the ends of justice would be prejudiced if such disclosure is made.

Restorative justice measures provided for under the

Restorative Justice Act or under any other law shall be exercised

subject to the following conditions

(a)

the restorative justice services are used only if they

are in the interest of the victim, subject to any safety

considerations, and are based on the victim’s free and informed

consent, which may be withdrawn at any time;

(b) before agreeing to participate in the restorative

justice process, the victim is provided with full and unbiased

information about that process and the potential outcomes as

well as information about the procedures for supervising the

implementation of any agreement;

(c)

the offender has acknowledged the basic facts of the

case;

(d) any agreement is arrived at voluntarily and may be

taken into account in any further criminal proceedings;

(e)

discussions in restorative justice processes that are

not conducted in public are confidential and shall not be

subsequently disclosed, except with the agreement of the parties

or as may be required by law due to an overriding public

interest.

Where the injured party, who has been served with the Right to legal

notice of first hearing or admitted into the proceedings as provided in aid.

article 410(4) and (5) of the Criminal Code, or in cases where the Cap. 9.

prosecution lies with the injured party, wishes to avail himself of the

benefit of legal aid, the provisions of article 570 of the Criminal Code

shall mutatis mutandis apply

Provided that, for the purpose of such proceedings, any

reference in those provisions to the accused shall be construed as

being a reference to the injured party.

(1) A victim of a criminal offence committed in another Rights of

Member State and who resides in Malta, if unable to file a complaint victims

criminal

in that Member State, may file a complaint in terms of article 546 of offences

committed in

the Criminal Code.

another Member

State.

(2) A complaint filed under this article shall be transmitted by

the Executive Police without unnecessary delay to the competent

authority of the Member State in which the criminal offence was

committed, unless proceedings would have been instituted by the

Executive Police.

The Ministry or any other entity or agency which the Assessment of

and assistance

Minister may designate for the purpose, shall, make provision for

to victims of

crime.

(a)

the timely and individual assessment of victims who

suffered from severe crimes, including crimes committed with a

bias or discriminatory motive which could in particular, be

related to their particular characteristics, and victims whose

relationship to and dependence on the offender make them

particularly vulnerable such as

(i)

minors;

(ii)

victims of terrorism;

(iii) victims of organised crime;

(iv) victims of human trafficking;

(v)

victims of gender-based violence;

(vi) victims of violence in a close relationship;

(vii) victims of sexual violence;

(viii) victims of exploitation or hate crime; and

(ix) victims with disabilities

Provided that the individual assessment shall, in particular,

take into account the personal characteristics of the victim, the

type or nature of the crime and the circumstances of the crime;

(b) victim support services which shall, as a minimum,

provide

(i) information, advice and support relevant to

the rights of victims including on accessing national

compensation schemes for criminal injuries, and on their

role in criminal proceedings including preparation for

attendance at the trial;

(ii) information about or direct referral to any

relevant specialist support services in place;

(iii) emotional

and,

where

available,

psychological support;

(iv) advice relating to financial and practical

issues arising from the crime;

(v) unless otherwise provided by other public or

private services, advice relating to the risk and prevention

of secondary and repeat victimisation, of intimidation and

of retaliation.

(1) Victim support services provided under article 12

shall, in assessing the specific needs of victims who have suffered

considerable harm due to the severity of the crime and in accordance

with their needs, provide such services in a confidential manner and

free of charge. It shall be the duty of any service designated to

provide victim support to act in the interests of the victims before,

during and for an appropriate time after criminal proceedings

Provided that family members shall have access to victim

support services in accordance with their needs and the degree of

harm suffered as a result of the criminal offence committed against

the victim.

(2) Upon receiving a complaint by a person that the said

person is a victim of a crime, any authority shall, upon becoming

aware of this fact and without any undue delay, refer the victim to

victim support services.

(3) Where necessary, victim support services shall include free

of charge and confidential specialist support services and nothing

shall preclude victim support organisations to call on existing

specialised entities providing such specialist support. Victims shall

have access to such services in accordance with their specific needs

and family members shall have access in accordance with their

specific needs and the degree of harm suffered as a result of the

criminal offence committed against the victim.

(4) Access to any victim support service as provided under

this Act shall not be dependent on a victim making a formal

complaint with regard to a criminal offence to a competent authority.

Where a victim is identified as a minor and

Assistance,

support and

protection to

(a) the holders of parental responsibility are precluded

victims who are

minors.

from representing the said minor as a result of a conflict of

interest between the said holders and the minor; or

(b) where the minor is unaccompanied or separated

from the family; or

(c)

there is, or there may be, a conflict of interest

between the minor and the holders of parental responsibility,

the Court shall, ex officio, or upon a request by the prosecution or

upon an application by any person, appoint a child advocate in

terms of the Code of Organization and Civil Procedure or an Cap. 12.

advocate for legal aid, to represent the interests of the minor, and

the provisions of article 10 shall apply.

(2) A child advocate appointed in terms of the Code of

Organization and Civil Procedure or an advocate for legal aid, as the

case may be, may be appointed in any case if the Court considers that

this is in the best interests of the minor.

(3) Where the age of the victim is uncertain and there are

reasons to believe that the victim is a minor, the victim shall for

purposes of this Act be presumed, saving proof to the contrary, to be a

minor.

Part II - Of Victims of Trafficking in Persons

(1) A victim of an offence of trafficking in persons as

defined under articles 248A to 248F, both inclusive, of the Criminal

Code, as soon as he is identified as such, shall be entitled to receive

assistance and support before, during and for an appropriate period of

time after the conclusion of criminal proceedings in order to enable

him to exercise the rights set out in the Directive and Framework

Decision

Provided that such assistance and support shall not be

conditional on the victim’s willingness to cooperate in the

investigation or criminal proceedings.

(2) For purposes of this article

(a)

the Framework Decision shall mean the Council

Framework Decision 2001/220/JHA of 15 March 2001 on the

standing of victims in criminal proceedings;

(b) the Directive shall mean the Directive 2011/36/EU

of the European Parliament and of the Council of 5 April 2011

on preventing and combating trafficking in human beings and

protecting its victims, and replacing Council Framework

Decision 2002/629/JHA.

(3) The assistance and support measures referred to in this

article shall be provided on a consensual and informed basis, and

shall include at least standards of living capable of ensuring victims’

subsistence through measures such as the provision of appropriate

and safe accommodation and material assistance, as well as necessary

medical treatment including psychological assistance, counselling

and information, and translation and interpretation services where

appropriate

Provided that the information shall cover, where relevant,

information on a reflection and recovery period pursuant to Directive

2004/81/EC, and information on the possibility of granting

international protection pursuant to Council Directive 2004/83/EC of

29 April 2004 on minimum standards for the qualification and status

of third country nationals or stateless persons as refugees or as

persons who otherwise need international protection and the content

of the protection granted and Council Directive 2005/85/EC of 1

December 2005 on minimum standards on procedures in Member

States for granting and withdrawing refugee status or pursuant to

other international instruments or other similar national rules.

(1) Without prejudice to the provisions of article 10, a Protection of

victim of trafficking in persons shall, without delay, have access to victims.

legal advice.

(2) Where the victim does not possess sufficient financial

resources to afford such advice this service shall be afforded free of

charge by the advocate for legal aid.

(1) An advocate appointed in the interests of a minor in Minors victims

terms of The Civil Court (Family Section), The First Hall of the Civil of

Court and The Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) Regulations shall assist and represent the interests

of a minor who is a victim of trafficking in persons.

(2) In cases where the age of the person cannot be determined

with certainty and there are reasons to believe that the person is a

minor, that person shall be presumed to be a minor and shall be

entitled to receive immediate access to assistance, support and

protection in accordance with article 18.

(1) Where a victim of trafficking in persons is an Unaccompanied

unaccompanied minor, a care order shall be issued in terms of the victims

minors.

Children and Young Persons (Care Orders) Act to ensure that the Cap. 285.

minor is afforded all the assistance, protection and support in terms of

the Directive.

(2) For purposes of this article "the Directive" shall have the

same meaning assigned to it under article 15.

Part III - Regulations

The Minister may -

Regulations.

(a)

by regulations prescribe, subject to the provisions of

this Act, for any matter which may be prescribed under this Act;

and

(b) make regulations generally for the purpose of giving

full effect to this Act and to the provisions of Directive 2012/29/

EU of the European Parliament and of the Council of 25 October

2012. Passed by the House of Representatives at Sitting No. 255 of the

25th March, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.08