ACT No. XVIII of 2017 AN ACT to regulate the organization, discipline and duties of the Police Force, and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

28th April, 2017

ACT No. XVIII of 2017

AN ACT to regulate the organization, discipline and duties of

the Police Force, and to provide for matters ancillary or

consequential 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

General Provisions

(1)

The short title of this Act is the Police Act, 2017.

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

date as the Minister may by notice in the Gazette establish and

different dates may be so established for different provisions and

different purposes of this Act.

(Article 14)

Oath of office of Police Officers

"I ........................ solemnly swear/affirm that I will bear

true faith and allegiance to the people and the Republic of Malta and

its Constitution and that I will faithfully serve the said Republic

during my service in the Malta Police Force; as a Police Officer that

I will subject myself to all Codes, Acts, Ordinances, orders and

regulations relating to the said Force now in force or which may from

time to time be in force and will discharge all the duties of a Police

Officer according to law, without fear or favour, affection or ill will.

(So help me God)".

(1)

In this Act, unless the context otherwise requires

Interpretation.

"appropriate consent" shall have the same meaning assigned to Cap. 9.

it by article 350 of the Criminal Code;

"Chief Executive Officer" shall have the same meaning assigned

to it by article 7(1);

"Commissioner of Police" shall have the same meaning

assigned to it by article 6(1);

"the European Union” means the European Union as referred to

in the Treaty;

"the Force" means the Malta Police Force;

"gazetted officer" means any police officer of or above the rank

of Inspector;

"Internal Audit and Investigations Unit" shall have the same

meaning assigned to it by article 37(1);

"member of the Force" means any police officer other than the

Commissioner;

"Minister" means the Minister responsible for the Police;

"non-intimate sample" shall have the same meaning assigned to

it by article 350 of the Criminal Code;

"Police" means the Malta Police Force;

"Police Governance Board" means the Governance Board

established by virtue of article 5;

"police officer" means any person serving in the Force and

includes the Commissioner;

"premises" means any place, vehicle, vessel, aircraft, seacraft,

including an off-shore installation, or any temporary or moveable

structure;

"prescribed" means prescribed by regulations made under this

Act;

"protected witness" means a person admitted to a witness

protection programme under article 40(1);

"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 article 80(1);

"seconded officers" means officers or other officials of a

seconding Member State;

"The Independent Police Complaints Board" means the board

established by virtue of article 35;

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

article 2 of the European Union Act.

(2) Nomenclatures importing the male gender include also the

female gender or the acquired gender identity.

PART II

The Malta Police Force

Title I

Constitution

(Article 24)

OFFENCES AGAINST DISCIPLINE

Discreditable conduct.

1. Discreditable conduct, that is to say, if a member of the

Force -

(a)

uses any defamatory, insulting, or disparaging

words, acts or gestures in contempt of the President of Malta or

of the Government of Malta or of any person employed or

concerned in the administration of the Government of Malta; or

(b) imputes misconduct in administering the

Government to a person employed in the administration of the

Government of Malta; or

(c)

utters or otherwise expresses disparagement of the

Commissioner, or of the administration of the Force, or uses any

word or expression calculated or having a tendency to bring the

Commissioner or the administration of the Force into hatred,

contempt or ridicule; or

(d) acts or issues any orders, or causes or incites anyone

to act, in variance with any orders or directions issued from time

to time by the Commissioner, or from Police Head Quarters on

behalf of the Commissioner; or

(e)

utters or writes anything calculated or having a

tendency to bring about disaffection among any members of the

Force, or in any manner canvasses or causes, or attempts to

canvass or cause, or to do or to be done, anything so calculated

or having such tendency; or

(f)

induces, or attempts to induce, or does any act,

calculated or having a tendency to induce any member of the

Force to withhold his services or to commit any breach of

discipline; or

(g) acts in a disorderly manner or any manner

prejudicial to discipline or reasonably likely to bring discredit

on the reputation of the Force or of the Police service.

Insubordinate or oppressive conduct.

2. Insubordinate or oppressive conduct, that is to say if a

member of the Force -

(a)

is insubordinate by word, act, or demeanour; or

(b) is guilty of oppressive or tyrannical conduct towards

an inferior in rank; or

(c)

uses obscene, abusive or insulting language to any

other member of the Force; or

(d) wilfully or negligently makes any false complaint or

statement against any member of the Force; or

(e)

assaults any other member of the Force when this

does not constitute a breach of article 18(1)(g) of the Act; or

(f)

improperly withholds any report or allegation

against any member of the Force.

Disobedience to orders.

3. Disobedience to orders, that is to say, if a member of the

Force -

(a) disobeys or without good and sufficient cause omits

or neglects to carry out any lawful order, written or otherwise;

or

(b)

wilfully refuses or neglects to discharge any lawful

debt; or

(c) carries on or is concerned in any trade or business,

or otherwise fails to devote his whole time to the Police service.

Neglect of duty.

4. Neglect of duty, that is to say, if a member of the Force -

(a)

neglects, or without good and sufficient cause omits,

promptly and diligently to attend to or carry out anything which

is his duty as a member of the Force; or

(b)

idles or gossips while on duty; or

(c)

fails to work his beat in accordance with orders or

leaves his beat, point, or other place of duty to which he has

been ordered, without due permission or sufficient cause; or

(d) by carelessness or neglect permits a prisoner to

escape; or

(e)

fails, when knowing where any offender is to be

found, to report the same, or to make due exertions for making

him amenable to justice; or

(f)

fails to report any matter which it is his duty to

report; or

(g) fails to report anything which he knows concerning

a criminal charge, or fails to disclose any evidence which he, or

any person within his knowledge, can give for or against any

prisoner or defendant to a criminal charge; or

(h) omits to make any necessary entry in any official

document or book; or

(i)

neglects, or without good and sufficient cause omits,

to carry out any instructions of a medical officer acting on

behalf of the Commissioner or of the Chief Government

Medical Officer, or, while absent from duty on account of

sickness, is guilty of any act or conduct calculated to retard his

return to duty.

Falsehood or prevarication.

5. Falsehood or prevarication, that is to say, if a member of

the Force -

(a)

knowingly makes or signs any false statement in any

official document or book; or

(b) wilfully or negligently makes any false, misleading

or inaccurate statement; or

(c)

without good and sufficient cause destroys or

mutilates any official document or record, or alters or erases any

entry therein.

Breach of confidence.

6. Breach of confidence, that is to say, if a member of the

Force -

(a) divulges any information which he obtained by virtue of

the functions of his office or which it is his duty to keep secret

under a specific provision of the law; or

(b) gives notice, directly or indirectly, to any person

against whom any warrant or summons has been or is about to

be issued, except in the lawful execution of such warrant or

service of such summons; or

(c)

without proper authority communicates to the public

press, or to any unauthorised person, any matter connected with

the Force; or

(d) without proper authority shows to any person

outside the Force any book or written or printed document the

property of the Police or of any government department; or

(e)

does not abstain from any political activity or

canvassing or from any activity which is likely to interfere with

the loyal and impartial discharge of his duties, or which is likely

to give rise to the impression among members of the public that

it may so interfere; or

(f)

makes any anonymous communication to the

Commissioner or to any other Police officer, or to any

government department or officer; or

(g) canvasses or attempts to canvass any member of the

Public Service Commission or of any other body or organ of the

Government, with regard to any matter concerning the Force; or

(h) signs or circulates any petition or statement with

regard to any matter concerning the Force, except as provided

by this Act or by any regulations or standing orders made

thereunder.

Corrupt practice.

7. Corrupt practice, that is to say, if a member of the Force -

(a)

receives any bribe; or

(b) fails to account for or to make a prompt and true

return of any money or property received by him in his official

capacity; or

(c)

directly or indirectly solicits or receives any

gratuity, present, subscription or testimonial, without the

consent of the Commissioner; or

(d) places himself under pecuniary obligation to any

competent authority, or any person who holds a licence granted

by the Commissioner or concerning the granting or renewal of

which the Police may have to report or give evidence; or

(e)

improperly uses his character and position as a

member of the Force for his private advantage; or

(f)

in his capacity as a member of the Force, writes,

signs or gives, without the sanction of the Commissioner, any

testimonial of character or other recommendation with the

object of obtaining employment for any person or of supporting

an application of any kind; or

(g) without the sanction of the Commissioner, supports

an application for the grant of a licence of any kind; or

(h) without good and sufficient cause, is or becomes

subject to pecuniary embarrassment.

Unlawful or unnecessary exercise of authority.

8. Unlawful or unnecessary exercise of authority, that is to

say, if a member of the Force without good and sufficient cause -

(a)

makes an arrest; or

(b) uses any violence to a prisoner or any other person

with whom he may be brought into contact in the execution of

his duty; or

(c)

is uncivil to any member of the public.

Malingering.

9. Malingering, that is to say, if a member of the Force feigns

or exaggerates any sickness or injury with a view to evading duty.

Absence without leave.

10. Absence without leave or being late for duty, that is to say,

if a member of the Force without reasonable excuse is absent without

leave from, or is late for, parade, court or any other duty.

Uncleanliness.

11. Uncleanliness, that is to say, if a member of the Force

while on duty or while off duty in uniform in a public place is

unshaven, or improperly dressed, or is dirty or untidy in his person,

clothing or equipment.

Damage to clothing, etc.

12. Damage to clothing or other articles supplied, that is to say,

if a member of the Force -

(a)

wilfully or by carelessness causes any waste, loss or

damage to any articles of clothing or equipment, or to any book,

document or other property of the Police or of any government

department; or

(b)

fails to report any loss or damage as above however

caused.

Drunkenness.

13. Drunkenness, that is to say, if a member of the Force while

on or off duty, is unfit for duty through drink.

Drinking on duty.

14. Drinking on duty or soliciting drink, that is to say, if a

member of the Force -

(a)

without the consent of his superior officer, drinks, or

receives from any other person, any intoxicating liquor while he

is on duty; or

(b) demands, or endeavours to persuade any other

person to give him, or to purchase or obtain for him, any

intoxicating liquor while he is on duty.

Entering licensed premises.

15. Entering licensed premises, that is to say, if without

permission a member of the Force enters -

(a)

while on duty any premises licensed under the liquor

licensing laws or any other premises where liquors are stored or

distributed, when his presence there is not required in the

execution of his duty; or

(b)

any such premises in uniform while off duty.

Lending money, etc.

16. Lending, borrowing or accepting presents, that is to say, if

a member of the Force lends money to any superior in rank or

borrows money or accepts any present from any inferior in rank.

Criminal conviction.

17. Conviction for a criminal offence, that is to say, if a

member of the Force has been found guilty by a court of law of a

criminal offence.

Accomplice in offence.

18. Being an accomplice in a disciplinary offence, that is to

say, if a member of the Force connives at, or knowingly commits an

act of complicity in, any offence against discipline.

Conduct prejudicial to good order.

19. Breach of order, that is to say, if a member of the Force

conducts himself, by act or omission, in any manner prejudicial to

good order or discipline, or otherwise unbecoming a member of the

Force, and not elsewhere provided for in this Schedule.

Interpretation.

20. For the purposes of this Schedule the word "prisoner"

means any person in any legal custody or detention, whether

sentenced, or awaiting trial, or detained by the Police, or held under a

lawful warrant or order.

There shall continue to be a police force known as the

Police Force.

(Article 38)

CODE OF PRACTICE FOR INTERROGATION OF ARRESTED

PERSONS

General Rules

This Code of Practice is to be accessible for consultation in

all Police Stations, and in all places where interviews are normally

carried out so that all members of the Police Force, arrested persons,

or members of the public may read it. Where according to this Code,

any person is to be given any information, this information need not

be given when such person is not capable of understanding it, or is

violent in behaviour, or is in need of urgent medical care; however,

such information shall be given as soon as practicable.

1. Purpose of questioning

First of all, remember that the aim of the questioning is to

examine whether the reasonable suspicion in the person being

interrogated is valid or not, and if valid, to collect facts and evidence

in favour and against the person interviewed for the purpose of

arraigning such person before a Court of Law, if sufficient evidence

exists.

2. Importance of statements

Since the statement of the person subject to questioning is

of paramount importance as evidence, it is important that nothing is

done during the interview which may, even in the slightest way, throw

doubt on the validity of the statement; and because of the statement's

importance as proof, our Courts are strict and meticulous in the

criteria they have adopted to ensure that a statement is made in

conformity with article 658 of the Criminal Code, that is to say the

statement is made "voluntarily and not extorted or obtained by means

of threats or intimidation, or of any promise or suggestion of favour".

3. Place where questioning may occur

As a rule, the interrogation should be conducted at the

Police General Headquarters or at a Police Station or other areas

under Police control, except when there are serious reasons indicating

that this would seriously prejudice the investigations.

4. Caution

The person subject to the questioning has the right to

refuse to answer any question put to him.

For these reasons, prior to any questioning of a person

suspected of having committed an offence, a warning or caution, in

the following form, shall be given

"You do not have to say anything unless you wish to do so,

but what you say may be given in evidence".

Where the rule of inference is applicable in accordance

with the provisions of the Criminal Code the caution shall be as

follows

"You do not have to say anything unless you wish to do so,

but what you say may be given in evidence; however, should you

refuse to say anything or omit to state some fact, a rule of inference

amounting to corroborative evidence may be drawn by the Court or

any other adjudicator if during the trial you will put forward any

defence based on a fact which you did not state during interrogation".

PROCEDURES FOR QUESTIONING

5. Identification of police officers

The person conducting the interrogation and all other

persons present shall identify themselves to the person being

interrogated.

6. Recording of caution

The fact that caution in Rule 4 is given shall be registered

in the statement itself, and the person subject to questioning must be

given the opportunity to sign at the end of the paragraph where such

registration is made.

7. Details of recording

When, after the caution is given, the person being

interviewed decides to make a statement, a record should be kept of

the following: the place where the statement is taken, the time the

interrogation started and ended, every period of interruption, and the

names of the persons present during the questioning.

The investigating officer shall always inform the suspect

prior to any recorded statement of the offence which is being

investigated.

8. Procedure for drafting of statement

As far as possible, the statement should contain the exact

words used by the suspected person, without using "official"

vocabulary. Where circumstances so indicate the suspected person

should be allowed to write his own statement, and this fact shall be

registered in the statement itself. The suspected person shall be

invited to sign the statement. However, the "caution" shall always be

registered at the beginning of the document even when the person

being interviewed intends to write his own statement.

Do not forget that even if the statement is not signed, this

may still be produced as evidence; however, the reason adduced by

the person being questioned for not signing the statement shall be

registered.

No blank spaces are to be left in the statement except for

the side margins.

9. Statement to be read by criminal suspect

When the writing of a statement by a police officer is

finished, the person making it shall be asked to read a copy of it and

to make any further statement in which he may make any corrections,

alterations or additions he wishes. If the interviewed person cannot or

refuses to read the statement, the statement shall be read to the

suspected person. Following this, the suspected person shall be asked

to sign it at the end and initial every page as well as any further

statement which he decides to make.

10. Signing of Statement by Police

The interrogating officer shall sign the statement at the

end, preferably below the signature, if any, of the person being

questioned; the officer, and any other person assisting him shall sign a

declaration to the effect that the statement has been read out to the

person concerned who was also allowed to read a copy of it.

11. Registration in Records of Arrested Persons

Any interval during an interview shall be recorded. The

records must also indicate the time/s when the person being

questioned is given any food or drink. Any request made by the

arrested person during questioning shall be registered in writing and

such request shall form part of the custody records of the detainee.

12. Rule against questioning during night

A person should only be questioned during the night when

this is indispensable for the investigation or avoids prolonging the

period of arrest. Sufficient time shall elapse between one interview

and another to allow such person to rest. Questioning shall not

proceed when the person detained is so fatigued that his powers of

volition and comprehension are impaired.

13. Periods of rest

In any period of 24 hours, the arrested person shall be

allowed a continuous rest period of at least 8 hours, uninterrupted by

any questioning, travel or interruption caused by the investigation. As

a rule, this period shall be during the night. This period of rest shall

not be interrupted or postponed unless there are valid reasons

indicating that if there is no such interruption or postponement

(a)

there would be a serious risk of injury to persons, or

damage to or substantial loss of property;

(b) the period of arrest would be unnecessarily

prolonged;

(c)

the investigation would be seriously prejudiced.

No alcoholic drinks shall be given to the arrested persons,

unless ordered by a doctor.

Breaks from interviewing shall be made at recognised meal

times, short breaks for refreshment shall also be provided at intervals

of approximately two hours, subject to the interviewing officer’s

discretion to delay a break if there arc reasonable grounds for

believing that it would

(a)

involve risk of harm to persons or serious loss of, or

damage to, property;

(b) delay unnecessarily the person’s release from

custody; or

(c)

otherwise

prejudice

the

outcome

of

the

investigation.

14. Stratagems

The use of a stratagem to lead a person to make a statement

is not prohibited (e.g. "we already know everything about the case;

your friends have already confessed").

15. Special attention for juveniles

Special attention should be given when persons under 18

years of age are being interviewed. As far as possible, and if this is

not prejudicial to the investigation, these persons should be

interviewed in the presence of one of the parents, or their tutor, or in

the presence of any other person, not being a member of the Police

Force, who is of the same sex as the interviewed person, e.g. the

person who has the effective care and custody of the young person, or

a social worker.

Youths and children attending school or other educational

institutions, should not, as far as possible, be arrested, or interviewed,

at school. Where it is found essential to conduct the interview at

school, this should be done in the presence of the head teacher.

16. Oppression

Any form of behaviour which may amount to inhuman or

degrading treatment, or any form of physical or mental torture is not

only prohibited but amounts to an offence under article 139A of the

Criminal Code. The offence carries a punishment of a maximum of

nine (9) years imprisonment.

Consequently all steps should be taken not only so that

such behaviour does not occur, but also that no action be committed

which may even give rise to allegations of ill-treatment.

Therefore,

(a)

the person being interrogated shall always and at all

times be seated, if he so wishes, during the questioning;

(b) foul language, threats, deprecatory laughter and

menacing gestures are forbidden;

(c)

under no circumstances shall any person present

during the questioning hold or exhibit any firearm or other

weapon, even if jokingly; however, the detained person may be

shown such firearms or weapons connected with the

investigation, where this is necessary;

(d) no person being questioned shall be bound by any

rope, chain or other shackle, but may be handcuffed if this is

reasonably justified for his own safety or that of others or to

prevent his escape.

The investigating officer must keep in mind the particular

circumstances of individual detainees and must take special care with

particularly timid or frail persons that nothing is done that puts the

voluntariness of the statement into doubt.

17. Interrogation of persons with disability and other persons

(a)

If it appears to a Police Officer that a person whom

he intends to interview has an intellectual disability which raises

a doubt as to whether the person can understand the questions

put to him, or which makes the person likely to be especially

open to suggestion, the officer should take particular care in

putting questions and accepting the reliability of answers. As far

as practicable, a person with an intellectual disability should be

interviewed only in the presence of a parent, or his tutor or other

person, not being a member of the Police Force, who is of the

same sex as the person being interviewed, e.g. the person who

has the effective care and custody of the person with disability

or a social worker;

(b) any document reporting an interview with a person

with an intellectual disability (after the investigating officer

shall have ascertained that the interviewed person was capable

of making the statement) should be offered for signature not

only to the person with disability but also to the mother or father

or other accompanying person present during the interview; care

should be taken to verify the facts stated and to obtain

corroboration where possible;

(c)

in the case of potentially vulnerable persons, (e.g.

persons under the influence of drugs, alcohol, medicine, or who

are in a state of shock) precautions should be taken to ensure

that the statement is made by them when they are able to

appreciate the significance of the questions and their answers,

and that the statement is not the result of undue influence by the

interviewing officer.

The Commissioner shall draw up rules concerning

interrogation, where there is reason for believing that the person is

sick or deaf. The investigating officers shall not proceed to an

interview without the prior intervention and certification of a medical

practitioner, as to the suitability of conducting the interrogation.

18. Statements in languages other than Maltese or English

No person shall be questioned in the absence of an

interpreter if such person -

(a)

does not understand the Maltese or English

language; or

(b) the person conducting the interview does not

understand a language spoken by the interviewed person.

In the case of a person making a statement in a language

other than Maltese or English

(a)

the interpreter or the officer taking the statement

should take down the statement in the language in which it is

made;

(b) a Maltese translation should be made in due course

and be annexed as an exhibit with the original statement;

(c)

only the original statement need be offered to the

person making the statement.

19. Effect of this Code

The lack of observance of any of the provisions of this

Code will not invalidate the statement taken, unless such non-

observance nullifies the voluntariness of the statement. However,

disciplinary proceedings may be instituted against persons who do not

observe the provisions of this Code.

20. Rules of guidance

Finally it should be remembered that these guidance rules

are being circulated not only to prevent the commission of anything

prohibited by the Constitution or the law of Malta, but also to avoid

any allegations by arrested persons of any improper treatment during

their arrest. Consequently, the observance of these rules not only

improves the image of the Police Force in the eyes of the public, but

also ensures less problems for the Police to prove, in due course, the

validity of statements made by arrested persons.

The main objectives of the Force are

(a) to preserve public order and peace, to prevent the

commission of offences, to promote and enforce the observance

of the laws, as a first guarantee of the rights of all persons in

Malta, even before action is needed through the judicial system

to repress, sanction or remedy any breach;

(b) to respond immediately to any request for the

protection and intervention of the law;

(c)

to apply the law without discrimination on any

ground such as race, colour, language, religion, sex, sexual

orientation, gender identity, disability, political or other opinion,

national or social origin, association with a national minority,

property, birth or other status;

(d) to promote the orderly and peaceful coexistence of

all persons in Malta, paying due attention not only to private

property rights but also to public property;

(e)

to seek to protect the environment;

(f)

to assist, within reasonable limits, any person

seeking the help of a police or other public officer even though

the ultimate responsibility to provide such help may not lie with

the Force; and

(g) to perform honestly and effectively all those duties

assigned to it by this Act or by any other law.

[Article 101]

POLICE PENSIONS REGULATIONS, 1990

General Regulations

Citation.

1. The title of these regulations is the Police Pensions

Regulations, 1990.

Pensions to whom and at what rates to be granted.

2. (1) Subject to the provisions of the Malta Police Act,

hereinafter called the Act, and of these regulations, every Police

officer, who has been in the Force for 10 years or upwards, may be

granted a pension at the rate of one four-hundred and fiftieth of his

pensionable emoluments for each complete month of pensionable

service, subject to the limit described in article 125 of the Act.

(2) For the purposes of these regulations, the term ‘Police

officer’ shall also include persons who have served in the Armed

Forces of Malta and the Malta Correctional Services and before

serving in the Police Force and any uninterrupted period of service

within the Armed Forces of Malta and the Malta Correctional

Services prior to the period of service as a Police officer shall be

reckoned as service in a disciplined force and qualifying for a pension

under the terms and conditions of the Act.

Service to be unbroken.

3. The service in respect of which a pension may be granted

must be unbroken, except in cases where the service has been

interrupted by abolition of office or other temporary suspension of

employment, and not arising from misconduct or voluntary

resignation

Provided that any service prior to a break of service may

be allowed to count for pension together with any service subsequent

to such break

(a)

if the whole intervening period has been spent in

some other employment in the service of the Republic; or

(b) in the case where such Police officer, having

resigned from the Force, is subsequently recalled in the Force

with the approval of the Prime Minister on account of the

exigencies of the Force, and such recall is certified by the Prime

Minister.

Emoluments to be taken for computing pension.

4. (1) For the purpose of computing the amount of the

pension of a Police officer who has had a period of not less than three

years’ pensionable service under the Act before his retirement -

(a)

in the case of a Police officer who has held the same

office for a period of three years immediately preceding the date

of his retirement, the full annual pensionable emoluments

enjoyed by him at that date in respect of that office shall be

taken;

(b) in the case of a Police officer who at any time during

such period of three years has been transferred from one office

to another, but whose pensionable emoluments have not been

changed by reason of such transfer or transfers, otherwise than

by the grant of any scale increments, the full annual pensionable

emoluments enjoyed by him at the date of his retirement in

respect of the office then held by him shall be taken;

(c)

in other cases one third of the aggregate pensionable

emoluments enjoyed by the Police officer in respect of his

service during the three years of his service immediately

preceding the date of his retirement shall be taken

Provided that -

(i)

if such one third is less than the highest

annual pensionable emoluments enjoyed by him at the

date of any transfer within such period of three years

those annual pensionable emoluments shall be taken;

and

(ii) if such one third is less than the annual

pensionable emoluments which would have been

enjoyed by him at the date of his retirement, if he had

continued to hold any office from which he has been

transferred at any time during such period of three years,

and had received all scale increments which, in the

opinion of the Prime Minister would have been granted

to him, the annual pensionable emoluments which would

have been so enjoyed shall be taken.

(2) For the purpose of determining under sub-regulation (1)

the pensionable emoluments that a Police officer has enjoyed or

would have enjoyed, as the case may be, he shall be deemed -

(a)

to have been on duty on full pensionable

emoluments throughout the period of three years immediately

preceding the date of his retirement; and

(b) to have enjoyed the benefit of any increase due to a

revision of salaries in the pensionable emoluments of any office

held by him as if such increase has been payable throughout

such period of three years.

(3) For the purpose of computing the amount of the pension of

a Police officer who has had a period of less than three years’

pensionable service before his retirement -

(a)

the average annual pensionable emoluments enjoyed

by him during such period shall be taken;

(b) he shall be deemed to have been on duty on full

pensionable emoluments throughout such period;

(c)

he shall be deemed to have enjoyed the benefit of

any increase due to a revision of salaries in the pensionable

emoluments of any office held by him as if such increase had

been payable throughout such period; and

(d) any periods during which he has been absent from

duty on leave without salary, granted on grounds of public

policy with the approval of the President, and during which he

has not qualified for pension in respect of other public service.

(4) In no circumstances shall the pensionable emoluments to

be taken exceed the full annual pensionable emoluments enjoyed by

the Police officer at the date of his retirement in respect of the office

then held by him.

(5) In the case of a Police officer to whom regulation 5(1)(d)

applies, the date of retirement shall

(a)

where such officer reaches the age of retirement; or

(b) where such officer would have but for his dismissal

completed 25 years’ service; or

(c)

where such officer dies,

before his dismissal has been declared null by the competent

authority, be deemed to be the day on which he reaches the age of

retirement, or the day on which he would have completed 25 years’

service, or on which he died, whichever is the earlier, and his

pensionable emoluments to be taken into consideration shall be those

which he would have been receiving on such date had he not been so

dismissed.

Computation of pensions.

5. (1) For the purpose of computing the amount of a Police

officer’s pension the following periods shall be taken into account as

pensionable service

(a)

any periods during which he has been on duty;

(b)

any period during which he received half salary;

(c)

any periods during which he has been absent from

duty on leave with full or half salary;

(d) any period following dismissal from the Force,

where such dismissal is subsequently declared to have been

invalid by a competent authority, up to the time of

reinstatement, or the date when such Police officer would have

completed 25 years’ service, or the day on which such Police

officer would have to retire because of age, or the date when

such officer dies, whichever is the earlier.

And any periods during which he has been absent on leave

other than those specified above shall be deducted from the officer’s

total service in order to arrive at his period of pensionable service.

(2) For the purposes of sub-regulation (1)(d) of this regulation

and for the purposes of regulation 4(5), the term "dismissal" shall be

deemed to include "compulsory retirement on the ground of public

interest", and the term "dismissed" shall be construed accordingly.

Acting service.

6. Where an officer has performed acting service in a

pensionable office in the Force, the period of such service may be

taken into account as pensionable service under the Act

Provided that -

(a)

the period of such acting service was not part of the

pensionable service of the previous holder of the office and does

not fall to be reckoned as part of the officer’s own pensionable

service in the Force under this Act ;

(b) this period of service is immediately preceded or

followed by service in a substantive capacity in the Force.

Abolition or reorganization of office.

7. If a police officer retires or is removed from the Force in

consequence of the abolition of his office, or for the purpose of

facilitating improvements in the Force, by which greater efficiency

and economy can be effected, he may be granted a pension

Provided, however, that if he has been in Force for less

than the qualifying period of ten years, he may be granted a pension

calculated in accordance with regulation 2 as if there had been no

qualifying period

And provided also that the grant of such pension shall be

subject to the condition that he shall be liable to be recalled to service

in the Force

Provided further that if such a Police officer is not

qualified for other employment in the Force or if there is no reason, in

the opinion of the Prime Minister, to expect that he can be shortly re-

employed, a pension may be granted to him free from the above-

mentioned condition.

Rates of pension when offices are abolished.

8. A police officer whose office is abolished may be granted

an increase of his pension at the rate of one-sixtieth part of his annual

pensionable emoluments for each complete period of three years’

pensionable service

Provided -

(a)

the addition shall in no case exceed ten sixtieths; and

(b) no addition shall be made so as to qualify an officer

for a pension of higher annual value than that for which he

would have been qualified by length of service on reaching the

age at which he may be required to retire, or for a pension of

higher annual value than the maximum prescribed in article 125

of the Act.

Officers retiring on account of injuries.

9. Where a police officer has sustained a physical injury on

duty leading to a permanent disability -

(a)

without his own default; and

(b)

during the actual discharge of his duties; and

(c)

is, due to such injuries, incapable of fulfilling any

other role in the Force; and

(d) has been duly certified by an Injuries Board

appointed by the Minister responsible for the Police in

accordance with the first proviso to paragraph 123(e),

such officer shall be entitled to pensionable emoluments as if he had

completed the 25 years’ service.

Pension to widows of officers, killed in the discharge of duty.

10. (1) Where a police officer, without his own default, dies

as a direct and immediate consequence of him having carried out the

duties of his office, his dependants, unless otherwise precluded at law,

shall be entitled to the payment of such pensionable emoluments as

mentioned hereunder.

(2) For the purpose of sub-regulation (1), his pensionable

emoluments shall be granted to

(a)

the surviving spouse or partner of the deceased until

such spouse or partner remarries or contracts a union of

equivalent status in accordance with the Civil Union Act or

reaches pensionable age; or

(b) in the absence of an eligible spouse or partner, the

child or children of the deceased until such child or children

attain the age of 18 years or until such child or children attain

the age of 23 years if attending a full-time educational

institution; or

(c)

in the absence of children, a parent or immediate

family relative who was dependent on him for maintenance for a

period of 5 years from the death of the police officer subject to

the retention of a state of dependency

Provided that the pensionable emoluments granted to the

child or children as provided in paragraph (b) shall be equally divided

and, in the case of minors, entrusted to their legal guardian as defined Cap. 569.

in the Child Protection (Alternative Care) Act.

Good conduct required.

11. (1) Pensions, computed at the rates before mentioned,

shall only be granted in case of decidedly faithful and meritorious

service.

(2) Where the fidelity and diligence of the officer fall short of

the first degree of merit the computation may be made at lower rates.

Cross-border payments.

12. Pensions, gratuities and allowances payable under these

regulations shall also be payable to the person entitled thereto in other

Member States of the European Community net of any taxes and

transaction charges in accordance with Article 5 of Council Directive

98/49/EC of the 29th June, 1998 on safeguarding the supplementary

pension rights of employed and self-employed persons moving within

the Community.

Information to persons entitled to a pension, gratuity or

allowance.

13. Where any police officer to whom these regulations apply

is posted in another Member State of the European Community, such

police officer shall be entitled to receive adequate information as to

his rights under regulation 12.

Passed by the House of Representatives at Sitting No. 507 of the

12th April, 2017.

ĊENSU GALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€5.58

(1) The Government shall be responsible for the Police

Governance

strategic direction of the Force.

Board.

(2) There shall be a Police Governance Board composed of

five members, one of whom shall be the Chairperson, appointed by

the Prime Minister in consultation with the Minister responsible for

the Police, from amongst persons who have knowledge and

experience in areas such as Policing, Strategic Management,

Criminology, Public Administration and Criminal Justice.

(3) The members shall hold office for a period of three years

from the 1st January of the year for which they are appointed and may

be eligible for re-appointment.

(4) The Governance Board shall meet at least once a month at

the place that may be established for such meetings.

(5) The quorum at meetings shall be of three members.

(6) The Commissioner of Police and the Chief Executive

Officer shall attend the Board’s meetings in an ex officio capacity and

with no voting rights.

(7) If any vacancy in the Board occurs during the year on

account of inability of a member of the Board to perform the

functions of his office, infirmity of mind, misbehaviour, resignation,

death or for any other cause, the Prime Minister, in consultation with

the Minister, shall, as soon as practicable, appoint another person to

fill in the vacancy, and the person so appointed shall remain in office

for the remainder of the term of office

Provided that the Board and members shall continue to act

notwithstanding such vacancy.

(8) No person shall be qualified to be appointed as, or remain,

a member of the Board if he

(a) is a member of the House of Representatives or of

the European Parliament; or

(b)

is a serving Judge or Magistrate; or

(c)

is legally interdicted or incapacitated; or

(d) is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud, or of bribery or of money laundering, or has

otherwise been sentenced to a term of imprisonment; or

(e)

is subject to disqualification under article 320 of the

Companies Act; or

(f)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Board

Provided that the Minister may waive the

disqualification of a person under this paragraph if such person

declares the interest, and such declaration and waiver are

published in the Gazette.

(9) The Board shall have the following functions

(a) to develop the long-term vision, purpose and

direction of the Force;

(b)

to develop a long-term strategic document;

(c)

to advise on any recommendation brought before it;

and

(d)

to approve key organisational policies

Provided that the strategic documents referred to in

paragraphs (a) and (b) shall be submitted to the Minister for his

approval.

(10) The Board shall submit an annual report of its work to the

Minister and the said report shall be laid on the Table of the House of

Representatives and shall be discussed in not more than one sitting

within six months from the said laying.

(11) The Board shall submit its strategic documents to the

Minister and the said strategic documents shall be submitted by the

Minister to the Social Affairs Committee of the House of

Representatives.

(1) There shall be a Commissioner of Police, hereinafter

referred to as "the Commissioner", who shall be commissioned for

leading and guiding the Force, as well as regulating the appointment,

duties and discipline of the Force.

(2) The Commissioner shall be appointed by the Prime

Minister. The Commissioner shall hold office for a period of five

years and may be eligible for re-appointment.

(3) The Commissioner shall be assisted by such Deputy

Commissioners, Assistant Commissioners and such other police

officers of such ranks as may from time to time be approved by the

Minister.

(4) The Commissioner may also be assisted by technical

specialists that may be engaged from outside the Force.

(5) The Minister may make regulations regulating the

appointment of such technical specialists.

(6) The Commissioner shall represent the Force in any judicial

proceedings.

(7) The Commissioner may delegate, wholly or in part, any of

the powers, functions or authorities assigned to him by this Act.

(8) The Commissioner and the Chief Executive Officer shall

submit the business plan to the Police Governance Board.

(1) There shall be a Chief Executive Officer who shall Chief Executive

be responsible for all operational and administrative matters, Officer.

excluding policing related activities.

(2) The Chief Executive Officer shall report to the

Commissioner.

(3) The Minister may by regulations, regulate the duties and

conditions of appointment of the Chief Executive Officer.

Title II

Appointments and Conditions

(1) Notwithstanding any other provision of any law, Appointments.

regulation or order, the appointment of all police officers shall be

subject to such conditions, requirements and standards as the Minister

may prescribe by this Act or by regulations or orders made under this

Act.

(2) The Minister may by regulations regulate any other

appointment as he may determine.

(1) The Minister may by regulations establish the

conditions by virtue of which reserve constables may be engaged.

(2) A reserve constable shall be paid an allowance for the

work done.

(3) The same laws, rules and regulations as apply to regular

police officers shall apply mutatis mutandis to reserve constables.

(1) Every member of the Force shall, in the execution of

his duties, obey the lawful orders of his lawful superiors.

(2) An order given to a member of the Force by the lawful

superior of that member shall be deemed to be lawful, unless it is

manifestly contrary to an express provision of law or a Court order.

Every police officer shall be deemed to be a police officer

at all times and shall dedicate his whole time to the service of the

Force and shall not carry on any other work unless prior permission in

writing has been obtained from the Commissioner.

Every member of the Force shall be assigned duties in

accordance with competence, skills, knowledge, experience and the

exigencies of the Force.

(1) Every member of the Force shall undergo

continuous professional development and undertake such training and

assessment as may be prescribed.

(2) Tests may be carried out over a period of time on an

assessment basis in order to appraise the efficiency and professional

skill of members of the Force and may include routine medical and

physical tests to ascertain their suitability for the Force.

(1) Before entering upon duties on appointment, all new

or re-admitted members of the Force shall take the oath of office

contained in the First Schedule, which oath shall be taken and signed

by all officers before a person duly empowered by law to administer

an oath.

(2) All civilians including technical specialists shall be bound

by the provisions of the Professional Secrecy Act.

(1) Any member of the Force who wishes to resign or

withdraw from his duties shall give to the Minister such prior notice,

not exceeding thirty days, as the Minister may require by notice in the

Gazette, of his intention to resign or withdraw himself from his

duties, as the case may be, giving reasons therefor.

(2) The Minister shall grant permission to any member of the

Force for resignation or withdrawal after the lapse of the period so

required unless such member -

(a) is the subject of disciplinary proceedings before the

Public Service Commission which have not been determined; or

(b) is charged with an offence triable by a court of

criminal jurisdiction; or

(c)

has otherwise rendered himself liable to be

dismissed or removed from the Force,

in which cases the Minister may either delay his permission until the

proceedings, trial or dismissal procedures have been concluded or

grant such permission under specified conditions.

(3) Any member of the Force whose period of notice expires

during the occurrence or apprehended occurrence of hostilities,

internal disorder, or other grave emergency of any kind, may be

retained and his service prolonged for such further period, not

exceeding twelve months, as the Minister may direct.

It shall be lawful for the Prime Minister on the Removal from

recommendation of the Public Service Commission to remove from office.

his office at any time a police officer who -

(a) has not given any indication of being or has ceased

to be an efficient police officer; or

(b) is incapable by reason of some infirmity of mind or

body of discharging the duties of his office when such infirmity

is likely to be permanent; or

(c)

it is considered, having regard to the conditions of

the Force, the usefulness of the officer thereto, and all the

circumstances of the case, that he should in the public interest

no longer serve as a member of the Force.

When any police officer shall cease to hold and exercise Uniforms and

his office, he shall forthwith return all articles belonging to the Force stores.

which have been supplied to him as otherwise he shall be guilty of a

criminal offence in accordance with article 20.

Title III

Offences

(1)

Any police officer who -

Offences.

(a) being cognisant of any mutiny or sedition amongst

the Force, does not use his utmost endeavours to suppress such

mutiny or sedition; or

(b) being cognisant of any intended mutiny or sedition

amongst the Force, does not without delay give information

thereof to his superior officer; or

(c)

being present at any assemblage tending to riot does

not use his utmost endeavours to suppress such assemblage; or

(d)

deserts; or

(e)

persuades, procures, assists or attempts to persuade,

procure or assist any police officer to desert; or

(f)

knowing that any police officer has deserted or

intends to desert, does not without delay give information to his

superior officer; or

(g) strikes, or offers violence to another officer, such

officer being in the execution of his duty,

shall be guilty of a criminal offence and shall be liable, on conviction,

to imprisonment for a period not exceeding two years.

(2) No police officer shall be found guilty of the offence of

desertion unless the court is satisfied that there was an intention on

the part of such officer not to return to the Force.

(3) The punishment provided in sub-article (1) shall apply

unless the fact constitutes a more serious criminal offence under the

Criminal Code or some other law, in which case such Code or such

other law shall apply.

Any person who -

(a) causes, or attempts to cause, or does any act

calculated to cause, disorder or division amongst police officers;

or

(b) induces, or attempts to induce, or does any act

calculated to induce, a police officer to withhold his service or

to commit an offence against discipline,

shall be guilty of a criminal offence and shall be liable, on conviction,

to imprisonment for a period not exceeding one year.

(1)

Any person who refuses or wilfully fails to comply

with a direction given in accordance with article 17, shall be guilty of

a criminal offence and shall be liable, on conviction, to imprisonment

for a term not exceeding six months, or to a fine (multa) not

exceeding one thousand and five hundred euro (€1,500) or to both

such fine and imprisonment.

(2) Any person who through negligence fails to return any

article in accordance with article 17 shall be liable to pay as a civil

debt to the Force the value of the article not so returned.

Any person who gives false evidence on oath before a False evidence

person duly empowered by law to administer on oath, shall be guilty on oath.

of a criminal offence and shall be liable, on conviction, to a term of

imprisonment not exceeding two years and to general interdiction.

Title IV

Discipline

(1) Disciplinary proceedings

shall

be

regulated Proceedings in

general.

according to article 110 of the Constitution.

(2) Where any powers to exercise disciplinary action are

delegated in accordance with the provisions of article 110 of the

Constitution, the disciplinary board shall, unless otherwise stated in

the instrument of delegation, follow the procedures and shall have the

powers as mentioned in the following articles of this Title

Provided that the Commissioner may, in exceptional

circumstances including national emergency, give the necessary

instructions that may be required to respond to such national

emergency in the interests of national security.

(1) Whenever it is necessary, the Commissioner shall Disciplinary

appoint a disciplinary board composed of three members, one of board.

whom shall be the Chairperson, as shall be appointed by the

Commissioner from members of the Force.

(2) For the purpose of sub-article (1), the Commissioner shall

also appoint a substitute Chairperson and other substitute members as

necessary.

(3) The members shall hold office for a period of two years

from the 1st January of the year for which they are appointed and may

be eligible for re-appointment.

(4) Notwithstanding any other provision of the law, regulation

and order, the disciplinary board shall regulate its own procedure,

which procedure shall be published

Provided that, if any member of the disciplinary board is

the direct superior of the officer or is related by consanguinity or

affinity, up to the fourth degree inclusive, to any such officer or has

any professional interest in the proceedings, other than as a member

of the disciplinary board, the said member shall forthwith make a

declaration of such relationship or interest to the disciplinary board

and such declaration shall be entered in the minutes. The said member

shall thereafter abstain from taking part in the proceedings and

deliberations of the disciplinary board on any question relating to

such officer and from voting thereon, and shall be replaced by a

substitute member.

(5) Any member who is unable to attend or who will be

abstaining from participating as chairperson or member of the

disciplinary board, shall be replaced by a substitute member.

(6) If a member of the disciplinary board is incapable to

perform the functions of his office, due to mental illness, misconduct,

death, resignation or any other reason, the Commissioner, shall as soon

as possible, appoint another person from one of the substitute members

to fill the vacancy, and the person so appointed shall remain in office

for the remainder of the term of office.

(1) Any member of the Force who commits any of the

offences set out in the Second Schedule shall be charged with an

offence against discipline.

(2) If the offence committed pursuant to sub-article (1) is a

serious offence, the provisions of the Public Service Commission

Regulations shall apply.

(3) If the offence committed is any offence other than a

serious offence, the person committing such offence may appear

before a disciplinary board appointed by the Commissioner.

(1) The Commissioner may collect the evidence

personally or may authorise the disciplinary board to collect the

evidence and to recommend the relative penalty, if any, applicable in

the case.

(2) The Commissioner or the disciplinary board appointed as

aforesaid, as the case may be, shall have the power and authority to

hear evidence on oath, and a warrant signed by the said

Commissioner or disciplinary board, as the case may be, shall be

equivalent to a subpoena issued to compel the attendance of witnesses

or to compel them to produce documents or other exhibits.

(3) No person summoned as a witness shall be obliged to

answer any question or produce any document or other exhibit which

may tend to incriminate him and every such person shall, in respect of

any evidence given by him, be entitled to all the privileges to which a

witness giving evidence in criminal proceedings before the Court of

Magistrates, shall be entitled. In the same manner, the witness shall

have the same duties as if he were summoned in criminal proceedings

before the Court of Magistrates.

(4) Any person who gives false evidence on oath before the

Commissioner or a disciplinary board appointed as aforesaid shall be

guilty of a criminal offence and shall be liable, on conviction, to a

term of imprisonment not exceeding two years and to general

interdiction.

In proceedings before the Commissioner or disciplinary Prosecution and

defence.

board under article 23 -

(a) an officer higher in rank than the officer charged

shall be detailed to represent the prosecuting side and produce

the evidence in support of the charge;

(b) the officer charged may defend himself in person, or

through the assistance of an advocate, legal procurator or

another police officer of his own choice, or a representative of a

trade union.

(1) The officer charged may summon witnesses on his Evidence and

own behalf and may cross-examine witnesses brought against him procedural

rules.

under the same conditions as prevail for the prosecution and for this

purpose, the Commissioner or disciplinary board, as the case may be,

shall issue the subpoena for such witnesses.

(2) Before giving his decision and awarding penalty, the

Commissioner shall hear final submissions by the prosecution and the

defence on the merits and on the penalty applicable if any.

(3) Summary notes of the proceedings shall be kept by the

presiding officer, signed by him, and attached to the records of the case.

(4) The provisions of sub-article (2) shall also apply to the

disciplinary board before submitting his opinion to the Commissioner

as provided in article 28.

The disciplinary board appointed according to article 23(1) Delegated cases.

shall always forward to the Commissioner the relative file together with

its opinion about the merits of the case and the penalty, if any,

recommended by it.

The Commissioner may adopt the recommendation or

reform it, either by dismissing the case and acquitting the officer

charged or by reducing the punishment, if any.

Any disciplinary proceedings taken against a member of

the Force shall be without prejudice to any proceedings which may be

taken against him under the provisions of the Criminal Code or any

other law, and any proceedings taken under the Criminal Code or any

other law shall be without prejudice to any disciplinary proceedings

for the same fact.

In proceedings before the Commissioner the following

penalties may be awarded

(a)

a fine not exceeding seven days’ pay;

(b)

stoppage of weekly rest days, not exceeding seven

days;

(c)

severe reprimand;

(d)

reprimand;

(e)

caution.

(1) In case of serious offences, the following penalties

may be awarded

(a)

dismissal; or

(b) requirement to resign, either forthwith or on such

date as may be specified in the decision as an alternative to

dismissal; or

(c)

reduction in rank or seniority; or

(d) deferment of an increment or the reduction in the

offender’s rate of pay.

(2) The penalties referred to in sub-article (1), shall only be

recommended by the Public Service Commission in terms of article

110 of the Constitution.

(3) The provisions of sub-article (1) do not preclude the Public

Service Commission from imposing a penalty listed in article 31.

(1) Disciplinary proceedings before the Commissioner

shall be instituted within three months from the date of the

commission of the offence against discipline.

(2) The officer against whom disciplinary proceedings are

being instituted shall be notified of the charge issued against him by

not later than three months from the commission of the offence.

Without prejudice to the provisions of the Ġieħ ir- Cancellation

Repubblika Act, an offence against discipline dealt with by the from

record.

disciplinary board shall no longer appear in personal records of the

officer, after the lapse of sixteen months in case of a serious offence

and the lapse of ten months in the case of a minor offence, if the officer

has not been found guilty of another offence during that period.

Title V

Independent Police Complaints Board

(1) There shall be an Independent Police Complaints Independent

Board composed of three members, one of whom shall be the Police

Complaints

Chairperson, appointed by the President of Malta acting on the advice Board.

of the Minister.

(2) The members shall hold office for a period of three years

from the 1st January of the year for which they are appointed and may

be re-appointed.

(3) The Chairperson of the Board shall be a retired Judge or

Magistrate. No person shall be qualified to be appointed as, or

remain, a member of the Board if he is a public officer, or a member,

officer or servant of any body corporate or established by law, or a

serving Judge or Magistrate or a member of the House of

Representatives or a member of a Local Council.

(4) If any vacancy in the Board occurs during the term of

appointment, on account of death, resignation, or for any other cause,

the President shall, as soon as practicable, appoint another person to

fill the vacancy and the person so appointed, shall remain in office for

the remainder of the term of office of his predecessor

Provided that, the Board

shall

continue

to

act

notwithstanding any such vacancy.

(5) A member of the Board may be removed from office by

the President acting on the advice of the Minister on the ground of

inability to discharge the functions of his office, whether arising from

infirmity of mind or body or any other cause or for misbehaviour.

(6) The Independent Police Complaints Board shall be

supported by a Legal Office and the necessary administrative staff.

(7) The Independent Police Complaints Board shall have the

power to

(a)

summon witnesses who shall be heard on oath;

(b) administer an oath to any witness and to any person

concerned in the investigation of the complaint and require

them to give evidence.

(8) Summonses for attendance of witnesses may be in such

form as may be decided by the Independent Police Complaints Board.

(9) A summons may be served either by hand or by post.

Where it is served by hand, it shall be sufficient to prove service by

evidence that the summons was left with a person over the age of

sixteen years at the place of residence or of business of the person

summoned and if served by post, it shall be sufficient to prove service

by evidence that the summons was properly addressed and posted.

(10) Any person summoned as aforesaid who refuses, or

without sufficient cause fails, to attend at the time and place

mentioned in the summons, or refuses, without sufficient cause, to

answer or to answer fully and satisfactorily, to the best of his

knowledge and belief, all questions put to him by or with the

concurrence of the Independent Police Complaints Board, or refuses

or fails, without sufficient cause, to produce any document he was

required to produce by or with the concurrence of the Independent

Police Complaints Board, shall be liable on conviction to a fine

(multa) not exceeding two hundred and fifty euro (€250) or to

imprisonment not exceeding one month or to both such fine and

imprisonment

Provided that, without prejudice to the generality of the

provisions of sub-article (7)(b), no person giving evidence before the

Independent Police Complaints Board may be compelled to answer

any question which tends to expose him to any criminal prosecutions,

and every such person shall, in respect of any evidence given by him

before the Independent Police Complaints Board, be entitled to the

same privileges to which a witness giving evidence before a court of

law is entitled.

(11) No proceedings shall be commenced in respect of any

offence against sub-article (10) without the concurrence of the

Attorney General.

(1) The the Independent Police Complaints Board shall Functions of the

Independent

have the following functions

Police

Complaints

Board.

(a) to expeditiously inquire into and report on any

matter regarding the conduct of the Force or any of its members

either on its own motion on any matter referred by the Minister

or on any complaint and, or request which the Independent

Police Complaints Board may receive;

(b) to inquire and report on any complaint made to the

Independent Police Complaints Board by an officer against

treatment deemed prejudicial or discriminatory, or which may

be the cause of undue distress;

(c)

to request, if necessary, at any stage, the

collaboration and, or assistance of the Internal Audit and

Investigations Unit;

(d) to monitor relations between the Police Force and

the public;

(e)

to monitor, supervise and visit any cells where

persons are or may be detained and to report thereon to the

Police Governance Board and to the Minister;

(f)

to perform any other function that may be assigned

to it by regulations, or by any specific written instructions from

the Minister;

(g) to recommend, in its decisions, any such action

deemed fit and is to send its recommendations to the Minister

and to the Social Affairs Committee about every complaint and,

or request received;

(h) to hear appeals from decisions of the disciplinary

board provided that an appeal from such decision has been filed

within fifteen days from the date of notification of the decision;

(i)

to refer its findings to the Attorney General and to

the Commissioner of Police, where it results that the matter may

involve criminal proceedings; and

(j)

to submit an annual report to the Minister, the

Commissioner of Police and the Social Affairs Committee.

(2) The Commissioner or any police officer or any civilian

employee may be requested to appear before the Independent Police

Complaints Board to answer questions and to provide information that

may be relevant to the said Independent Police Complaints Board in

the execution of its duties.

(3) The complainant may also be asked to attend before the

Independent Police Complaints Board and to give further information.

(4) Notwithstanding the other provisions of this Title, it shall

not be lawful for the Independent Police Complaints Board to inspect

or demand the production of any exempt document within the

meaning of article 637(3) to (6), both sub-articles inclusive, of the

Code of Organization and Civil Procedure nor to require any police

officer to give any information contained in any such document.

(5) It shall also not be lawful for the Independent Police

Complaints Board to demand the production of any document

connected with a criminal investigation or to demand or to be given

information on any such criminal investigation.

(6) An appeal shall be concluded within a period of six months

from when notification of the decision of the disciplinary board has

been served on the officer.

(7) A complaint shall not be entertained unless it is made not later

than six months from the day on which the complainant first had

knowledge of the matters complained about; but the Board may

conduct an inquiry pursuant to a complaint not made within that period

if it considers that there are special circumstances which make it proper

to do so.

Title VI

Internal Audit and Investigations Unit

(1) In this Title the words "Internal Audit and

Investigations Unit" mean that internal department within the Police

Force, entrusted with the internal supervision of the workings of the

Force in order to ensure its accountability.

(2) The Internal Audit and Investigations Unit shall be set up

within the Force to check processes and internal procedures as well as

to investigate any complaint on police officers made against by

members of the public or by one member of the Force.

(3) Upon receipt of a complaint, the Internal Audit and

Investigations Unit shall, as soon as possible, inform the Independent

Police Complaints Board.

(4) The Internal Audit and Investigations Unit shall, as soon as

may be, after concluding an investigation on a complaint, transmit a

report and recommendations thereof to the Independent Police

Complaints Board, or the Chief Executive Officer as the case may be.

A copy of the report and, or recommendation is to be forwarded to the

Commissioner of Police.

PART III

Investigations

Title I

Codes of Practice and Interviews

(1) The Minister may by regulations issue codes of Codes of

practice.

practice in connection with -

(a)

the exercise by police officers of statutory powers -

(i)

to search a person without first arresting him;

(ii) to search a vehicle without making an arrest;

(b) the detention, treatment, questioning

and

identification of persons by police officers;

(c)

searches of premises by police officers; and

(d) the seizure of property found by police officers on

persons or premises.

(2) The Code of Practice for the Interrogation of Arrested

Persons in the Third Schedule shall be deemed to be a Code of

Practice issued by the Minister under the provisions of this article and

may at any time be amended, repealed or substituted accordingly.

(3) A police officer who fails to comply with any provision of

a code of practice issued under this article shall be liable to

disciplinary proceedings for an offence against discipline.

(4) A failure on the part of a police officer to comply with any

provision of such a code shall not of itself render him liable to any

criminal or civil proceedings.

(5) In all criminal and civil proceedings any such code shall be

admissible in evidence; and if any provision of such a code appears to

the court or tribunal conducting the proceedings to be relevant to any

question arising in the proceedings, it shall be taken into account in

determining that question.

The Minister may make regulations providing for a code of

practice for the audio-recording on tape or for the video-recording on

film of any interview of a person suspected of the commission of an

offence, as may be specified in the said regulations.

Title II

Protection of Witnesses and Victims

(1) Where a person who is the victim of a crime is to be

produced as a witness in any criminal proceedings against any

principal or accomplice in the crime and that person is concerned for

his safety or there exist concerns over that person’s safety, the

Commissioner may, subject to the provisions of article 39, set up a

witness protection programme hereinafter referred to in this Part as

"the programme".

(2) The provisions of sub-article (1) shall also apply to a

person who took part in the commission of a crime and whose

evidence is required for the prosecution of any principal or

accomplice in the crime where that person agrees to co-operate with

the public authorities for the purpose of such prosecution.

A person may become entitled to benefit under the

programme if that person -

(a)

is a victim of a crime; or

(b) participated in any organisation or group of persons

who have committed or are organised to commit any crime; or

(c)

has participated in the commission of a crime liable

to the punishment of imprisonment of seven years or more,

and, where paragraph (b) or (c) applies, reveals to the Police such

information which the Police consider sufficient as to be likely to

secure, upon an eventual prosecution, the conviction of other

participants in the crime.

With respect to a person entitled to be admitted to the

programme under article 41(b) or (c) the programme shall only apply

if that person declares that he will testify during any trial of any

participant in the crime and any benefit granted shall be forfeited if

the witness refuses to so testify.

(1) Notwithstanding the provisions of any other law,

where the court considers it necessary for the protection of any person

admitted to the programme, it may allow such person to give

evidence viva voce during the trial while being screened from the

accused or by contemporaneous television transmission.

(2) The Minister, with the concurrence of the Minister

responsible for Justice, may make regulations to provide for the

modalities, conditions and rules of procedure to be applied when a

person is to give evidence under the provisions of sub-article (1).

In deciding whether to recommend the admission of a Recommenda-

witness into the programme under article 41(b) or (c), the tion

application.

Commissioner shall take into account whether the witness provides

reliable and relevant circumstantial, direct or documentary evidence

to corroborate his version.

(1) Where the Commissioner is of the opinion that a Decision by

person qualifies for admission to the programme, he shall apply in Attorney

General.

writing to the Attorney General requesting such person to be admitted

to the programme stating the reasons for his request and producing all

supporting documents.

(2) The Attorney General shall decide on any such request in

his individual judgement, and if the request is allowed the witness

shall be deemed to be a protected witness under the programme.

(3) The decision of the Attorney General may not be

questioned in any manner in any court or tribunal.

(1) A protected witness who took part in the fact which Criminal

constitutes a crime for which others are being or are to be prosecuted, proceedings

respect of a

shall not be prosecuted for any crime arising from the same fact protected

witness.

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.

The period of prescription in respect of the criminal action

against the protected witness arising from the fact referred to in

article 46 shall be suspended from the date that the Attorney General

decides that the witness shall be deemed to be a protected witness,

and shall continue from the day on which the last proceedings in

which he is a witness for the purposes of the programme becomes res

judicata.

The programme may provide for such protection to the life Protection under

and property of a witness admitted to the programme and to that of programme.

members of his family in the ascending, descending or collateral line,

as the Commissioner may deem appropriate and may include

provision for the payment of a subsistence allowance in particular

cases.

The Minister responsible for the Police may enter into Agreement with

agreements with foreign governments providing for assistance, on the foreign

countries.

basis of reciprocity, in the implementation of witness protection

programmes. For the purpose of enhancing the protection of

witnesses such agreements may provide for the possibility of

transferring to another country a protected witness or receiving from

another country a witness admitted to a programme in that country.

(1) The Attorney General may, at any time, either ex Revocation of

officio or on an application by the Commissioner, revoke a person’s status

protected

protected witness status under article 41(a) or (b) where it results that witness.

that person is not abiding by the conditions of the programme or that

his evidence or version of the facts, or any circumstances indicated by

him as corroborating evidence, are manifestly false.

(2) The protected witness status referred to in sub-article (1)

may also be revoked as provided in that sub-article where the person

enjoying that status commits during the period of the programme, or

is reasonably suspected of having committed, during that period, any

other crime punishable with imprisonment for more than three years

and not being a crime of an involuntary nature.

The Attorney General may also revoke a person’s Revocation of

protected witness status granted under article 41(a) where it results status

protected

that such person is not abiding by the conditions of the programme or witness.

where he is reasonably suspected of having committed any of the

crimes referred to in articles 100 to 105 of the Criminal Code, both Cap. 9.

inclusive, or of the crimes referred to in articles 108 to 110 of the said

Code, both inclusive, in relation to the fact in respect of which that

status was granted.

A request by a person to be considered a protected witness Requests to

may be made to the Attorney General, who shall decide the request as Attorney

General or to

provided in article 45(2). The Attorney General may not be brought persons

authority.

as a witness against the person requesting to be admitted to the

programme or to prove that he made any such request.

The benefits under this Act or under any regulations made Applicability of

benefits.

thereunder shall not apply to a person who results to be the head of

the criminal organisation or group, or the main instigator or

beneficiary of the crime.

A witness protection programme may also be extended to a

witness in any criminal proceedings in respect of a crime as is

mentioned in article 41 and who has not participated in any way in

such crime.

(1) Any minor, any victim of any crime against the

peace and honour of families, and against morals, and any other

witness who in the opinion of the court needs special treatment or

protection, may be allowed to give evidence viva voce during the trial

by contemporaneous television transmission.

(2) The Minister, in concurrence with the Minister responsible

for Justice may make regulations to lay down anything that needs to

be prescribed for the setting up of a contemporaneous television

transmission during a trial as provided in sub-article (1) and to lay

down such rules of procedure and of evidence as may be necessary

for such purpose as well as to secure greater protection of the

personal safety, sense of modesty, psychological stability of such

witnesses as may, on account of special circumstances, require such

protection.

(1) Notwithstanding the other provisions of this Title,

where the Commissioner is of the opinion that the identity of a person

merits to be protected, in circumstances where such person is willing

to give the Police reliable information and documents relating to the

commission of a crime consisting of an improper practice as defined

in the Protection of the Whistleblower Act, which information and

documents constitute reliable evidence which can be used in criminal

proceedings and which provide a reasonable chance of conviction of

another person for the commission of such an offence, he may

recommend to the Attorney General that such person be admitted to

the witness protection programme only to the extent and for the

purpose that his identity as the source of the said information and

documents be protected.

(2) If the Attorney General, after receiving a request in

accordance with sub-article (1) and acting in his own individual

judgement, agrees that such protection of identity should be granted,

whether subject to conditions or unconditionally, he shall issue a

certificate to that effect and the Commissioner shall be entitled to

protect the identity of the said person and not to give any information

in any court on the identity of the said person on the basis of the said

certificate.

(3) When a certificate as referred to in sub-article (2) is issued,

no proceedings may at any time be taken ex officio against the person

in favour of whom the certificate is issued only on the basis of the

information and documents supplied by that person to the Police.

(4) It shall be lawful for the Attorney General, acting in his

own individual judgement and after consulting the Commissioner, to

revoke the said certificate, either from the original date of issue or

from the date of revocation if he is satisfied that the said certificate

was obtained fraudulently or on the basis of materially incorrect or

misleading information having been given to the Commissioner by

the person in whose favour the certificate was issued or by any other

person on his behalf. In exercising his power under this sub-article

the Attorney General shall give reasons for his decision.

(5) A revocation made in terms of sub-article (4) shall be

without prejudice to any criminal or civil liability of any person

involved in wrongfully obtaining the said certificate.

(6) Nothing in this article shall be interpreted as a derogation

from any right of the Police to protect its informers in general as may

result from any law in force or applicable from time to time.

Title III

Fingerprints, Samples and Identifications

The investigating officer with the assistance of such Fingerprinting

competent persons as may be necessary and with the appropriate and

samples.

consent, may –

(a)

take fingerprints, palm-prints or other prints from

the person arrested;

(b) take photographs of the person arrested or of non-

intimate parts of his body;

(c)

take non-intimate samples from the person arrested.

Any person may, within one year from the date of his Returning of

acquittal by a final judgment of a court, demand that all samples, fingerprints, etc.

fingerprints and documents taken from him and any recordings of his

voice or photographs or video recordings of him be returned to him or

destroyed in his presence.

(1) The demand mentioned in article 58 shall be made Request for

return of

by application to a Magistrate.

fingerprints, etc.

(2) If the demand is allowed the Magistrate shall ensure that

the material in question is returned or destroyed in his presence.

(3) If the material in question is needed in connection with any

other investigation, the Magistrate may order that the return or

destruction of any such material be detained until it is no longer

required for the other investigation.

A demand as provided in article 58 may also be made by a

person who has been arrested but not charged. In such a case the

application referred to in article 59 may only be allowed after the Police

have been given an opportunity to reply to the application which shall

be served upon the Police for the purpose. The application shall not be

allowed if it is opposed by the Police and the period of prescription for

the exercise of the criminal action in respect of the offence for which

the applicant was arrested has not lapsed.

Where the person acquitted or the person arrested but not

charged, as the case may be, fails to apply to a Magistrate as provided

in articles 59 and 60, the Police may transfer anything as is mentioned

in those articles to the Academy for Disciplined Forces established

under Cap. 559 of the Laws of Malta, if the material is considered by

the Police to have a didactic or experimental value.

(1) The Police may hold, process and classify any

information relevant to the commission of any crime in or outside

Malta which information may be preserved by any system

whatsoever, including in electronic format, subject to the provisions

of any law on the protection of data.

(2) Such information may relate to fingerprints, photographs,

measurements, blood-samples, intimate or non-intimate samples,

patterns of criminal behaviours and methodology in the perpetration

of an offence and similar details for the purposes of any future

identification of offenders.

(3) The Police may, for the purpose of establishing evidence in

the investigation into any criminal offence, compare any such

information with any other information that may become available to

it.

(1) Where any identity parade or identification of

objects is considered desirable by an investigating officer, it shall be

conducted by a Magistrate who shall take such steps as to ensure that

there is no suggestion or outside influence on the person who is called

upon to make the identification.

(2) The Minister may make regulations for the carrying out of

an identity parade or identification of objects.

Title IV

Duties of Custody Officers

The custody officer or an officer performing the functions Duties of

custody officers.

of a custody officer according to law shall –

(a) release from custody a person in police detention if

upon the lapse of the period of forty-eight hours from his arrest

that person has not been brought before a court within that

period

Provided that before effecting such release the

custody officer or officer performing the functions of a custody

officer shall inform the investigating officer and a Magistrate

and the final decision shall rest with the Magistrate;

(b)

release any person when so ordered by the

investigating officer who had proceeded to or requested his

arrest;

(c)

ensure that persons in police detention under his

charge are treated in accordance with the law and according to

any code of practice that may be issued;

(d) keep a record of anything that needs to be recorded

with reference to a detained person under his charge as provided

in this Act or in any code of practice that may be issued;

(e) in consultation with the investigating officer, attend

to any medical or other humanitarian needs of the person

detained and shall in no case assume personal responsibility

where any medical attention is requested or manifestly required;

(f)

seek to ensure that the place where persons under

his charge are detained conforms to acceptable standards of

hygiene and comfort, especially if a detained person is to sleep

therein;

(g) seek to ensure that there is no danger to the life of

the person detained under his charge even if the person detained

is left unattended.

Any person who is arrested shall be promptly provided Letter of Rights.

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.

(1) When a detained person is transferred to another

place of detention, the responsibility for the welfare of that person

shall devolve on the new custody officer who shall assume

responsibility.

(2) The Magistrate carrying out an inquiry into the in genere

in relation to the offence in respect of which a person is detained may

order at any time that the detained person be transferred to another

place of custody.

(1) The custody officer shall personally review with the

investigating officer the continued detention of the person detained to

determine whether it is justified in the circumstances.

(2) The first review shall be carried out within the first twelve

hours from arrest and periodically thereafter at intervals not

exceeding twelve hours. A record shall be kept of the fact and of the

result of each review.

The custody officer shall keep a register in which shall be

recorded such personal details as to enable the identification of any

person detained at the police station where the officer is stationed as

well as all other relevant information concerning the detention of the

person detained including

(a)

the name of the arresting officer;

(b)

the date and time of arrest;

(c) the date and time that the detained person was

brought to the station;

(d)

the time of any interrogation and the duration

thereof;

(e)

the time and result of any review of detention;

(f)

the time and nature of any requirements for medical

advice or treatment and the action taken thereon;

(g) the date and time of any transfer of the detained

person to some other place together with the location of the

place in question;

(h) the date and time of the release of the detained

person and under whose authority the release was made;

(i)

any allegation that the detained person is being or

has been ill-treated during the period of his detention by the

Police.

(1) The custody officer shall keep a written record of Searches of

everything in the possession of the person arrested who is to be detained

persons.

detained at the police station and of any item seized and retained in

accordance with any provision of law. Such a record shall be made

part of the detained person’s custody record.

(2) The custody officer may seize any item, including any

item of clothing or personal effects, in the possession of the person

arrested if he has reasonable grounds for believing that such item may

be evidence relating to an offence or if he believes that it may be used

by that person –

(a) to cause physical injury to himself or to any other

person; or

(b)

to damage property; or

(c)

to interfere with evidence; or

(d)

to facilitate his escape.

(3) The provisions of articles 355P to 355U, both inclusive, of

the Criminal Code shall apply in the case of any seizure made under

this article.

PART IV

Powers over Private Property

A police officer may interfere with the enjoyment of Limits.

private property only to the extent authorised by law.

Saving the special provisions of any other law allowing Definition of

interference by the Police with the enjoyment of private property, the powers.

Police shall have the following powers to interfere in the following

circumstances

(a)

the power to remove and hold an item which may be

in breach of the law, and -

(i) has not been removed by the owner within the

time allowed in a written intimation served on him

ordering him to remove the item or items; or

(ii) the owner of which cannot be found; or

(iii) which needs to be removed as a matter of

urgency;

(b) the Police shall also interfere and shall for such

purpose exercise such powers as are vested in them at law, when

requested by the Malta Environment Authority in accordance

with the provisions of the Environment Protection Act or by the

Planning Authority in accordance with the provisions of the

Development Planning Act.

The Minister may make regulations laying down

conditions in addition to those specified in article 71 for the exercise

of the powers mentioned in that article and may also specify the terms

under which anything removed in the exercise of those powers is to

be released to the person entitled to the delivery thereof including the

payment of any dues and expenses incurred for the removal of the

said item or items.

(1) The Force shall not be held responsible for any

damage to or loss of property where it results that in respect of that

property the Police acted in the lawful execution of any law and that

action was reasonably justified in the circumstances.

(2) Similarly the Force shall not be held responsible for

damages caused by it in order to preserve life or to prevent a graver

damage to property.

Any person from whose possession any item of property

has been seized by the Police in the course of an investigation or

otherwise having an interest in the same property, may by application

request a Magistrate to release in his favour the property so seized.

The Magistrate shall decide on the request after having heard the

reply of the Police.

PART V

The Use of Force

Police officers may use such moderate and proportionate

force as may be necessary to ensure the observance of the laws.

The use of force is a remedy of last resort and shall only be Remedy of last

used for the duration that is strictly necessary when it is evident that resort.

all other remedies would be of no avail.

If in any Court or tribunal any question arises as to the Relevant time.

reasonableness of the use of force, the circumstances prevailing at the

time when force was used shall be the criterion for examining such

reasonableness.

(1) In exceptional circumstances the Force may, in the Arms.

execution of its duties, use fire-arms and other offensive weapons or

materials.

(2) When assessing the existence or otherwise of the

exceptional circumstances mentioned in sub-article (1), consideration

shall be taken of the conditions prevailing at the time when the use of

fire-arms, or weapons or other materials becomes inevitable to

preserve the life of a police officer or of others, or to avert an

imminent danger of widespread violence.

Saving any criminal or civil liability under any other law, it Responsibility.

shall be considered as an offence against discipline if a police officer

uses force for considerations extraneous to those permitted by law

and the circumstances of the case.

The Minister may make regulations concerning the use of Regulations.

force and fire-arms by the Police.

The provisions of this Part shall be in addition to any other General saving.

power conferred by any other law.

PART VI

Regulations, Orders and Forms

(1) The Minister responsible for the Police may make Minister may

regulations for the better carrying out of the provisions of this Act and make

regulations.

for the general governance of the Force, and without prejudice to the

generality of the foregoing, in particular as to any matters which the

Commissioner is authorised to regulate by standing orders, and when

such regulations are made, they shall prevail over any standing orders

made or to be made by the Commissioner.

(2) The provisions contained in the Schedules may be varied

or revoked by regulations made by the Minister responsible for the

Police under this article.

(1) The Commissioner may, subject to the provisions of Commissioner

this Act and to any regulations made by the Minister responsible for may

standing orders.

the Police, from time to time make standing orders for the general

governance of police officers in relation to their leave, conditions of

service, transfer (including expenses in connection therewith),

training, arms and accoutrements, clothing and equipment, places of

residence, classification and duties, as well as to their distribution and

inspection, and such other orders as he may deem expedient to

prevent negligence and for promoting efficiency and discipline on the

part of police officers in the discharge of their duties.

(2) The Commissioner may also make standing orders for the

general governance of seconded officers as defined under article 93.

The Commissioner shall also provide for any forms or

procedures which may be required by or under this Act.

PART VII

Miscellaneous

(1) A prosecuting officer is an officer of the Court and

as such is in duty bound to behave dispassionately and with propriety,

and must show due respect to the Court.

(2) A prosecuting officer may not submit to the Court, even if

not under oath, any fact which he knows not to be true.

It shall be an offence against discipline for a police officer

to charge a person before the courts with an offence which is

manifestly unfounded. The provisions of Title IV of Part II of this Act

shall apply in any such case.

(1) No police officer shall give any details to the press

or the broadcasting media regarding the identity of any person

arrested on a reasonable suspicion that he committed an offence.

(2) The Police shall not issue to the press, either directly or

indirectly, any information about the identity of the person who is

about to be charged before the courts or of any investigation.

Notwithstanding the provisions of article 87, the Police

may, in the interests of public safety and security, issue warnings

about any person who is at large indicating enough details for the

identification of such a person and about his mode of behaviour or

system of conduct.

(1) Any violation of the provisions of article 87 shall be

deemed an offence against discipline.

(2) The use of data for a purpose other than as allowed by law

shall, without prejudice to the provisions of any other law, constitute

an offence against discipline.

(1) The police officer in charge of a division shall hold Liaison with

regular meetings at suitable intervals with representatives of the local Local Councils.

council of each locality in his division to discuss any matters which

fall within the responsibility of the Police.

(2) Minutes of such meetings shall be kept and the progress

made between one meeting and another shall be monitored by the

Superintendent in charge of the district and the Assistant

Commissioner in charge of the region.

(1) The Commissioner may hold an inquiry into any Enquiries by

matter concerning the administration of the Force which he considers Commissioner.

serious enough to require such an investigation.

(2) In the conduct of any such inquiry, the Commissioner shall

have the same powers mentioned in article 25(2) and the provisions of

article 25(3) and (4) shall also apply to the proceedings of the inquiry

under this article.

(3) An inquiry shall be without prejudice to any action that the

Independent Police Complaints Board established by this Act may

take, and the Independent Police Complaints Board may recall and

pursue the inquiry if it falls within its competence.

The Police may, directly or through regional or International co-

international police organisations, co-operate with any state agency operation.

having similar powers and duties in any other country.

(1) The Commissioner may authorize the competent Joint patrols and

authorities of a Member State of the European Union (hereinafter other

with officials

referred to as "seconding Member State") to conduct in Malta, jointly from

states of the

with or under the supervision or direction of the Police, patrols and European

other operations by officers or other officials (hereinafter referred to Union.

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.

The Minister may, after consulting with the Commissioner Vesting or

exercise of

and with the consent of the seconding Member State

functions,

powers and

duties in or by

(a) confer any one or more of the functions, powers and

seconded

duties as are by law vested in a member of the Police, to a

officers.

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.

(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.

Any seconded officer taking part in any of the operations

referred to in article 93 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.

For the purposes of articles 93 to 96, both inclusive,

"seconded officers" shall be construed as including officials of bodies

set up pursuant to the Treaty.

(1) The Force may make use of animals in the

performance of certain operations and in ceremonial functions.

(2) The Commissioner shall ensure that such animals are

treated in the best way possible and compatibly with the nature of

such animals, and that they are not subjected to any cruel treatment.

(3) Unless otherwise advised by a veterinary surgeon, an

animal that is no longer of use to the Force, for any reason

whatsoever, shall preferably be donated to any person or body that

can continue to treat the animal well in its retirement. The Force shall

not put down an animal merely because no suitable person has been

immediately found to take care of that animal.

(1) Where under this Act anything falls to be decided by

a Magistrate, such a decision shall be by a decree which shall state the

reasons of fact and law on which it is based.

(2) Where under this Act the investigating officer is required

to file an application, he shall premise the request by such grounds

which he genuinely believes to be true and reasonable, and the

Magistrate may in all cases require that the application be confirmed

on oath. In urgent cases, as the Magistrate may ascertain, the request

may be made either by facsimile or by telephone; provided that in the

latter case such request is as soon as practicable reduced in writing

and submitted to the Magistrate.

(3) In urgent cases the authorisation by the Magistrate may

also be communicated by facsimile.

(4) Any authorisation given by a Magistrate shall lapse after

one month, but may be renewed for a valid reason for subsequent

periods of one month each.

All persons who at the time of commencement of the Malta Serving police

Police Ordinance were serving as police officers shall be deemed to officers.

have been appointed under that Ordinance as in force prior to the

coming into force of the Malta Police Ordinance (Amendment) Act,

2002, and shall be considered to have duly taken the oath of office as

required by such law.

PART VIII

Pensions

(1) It shall be lawful for the Minister responsible for the Minister may

Police, with the concurrence of the Minister responsible for finance, make

regulations.

to make, vary and revoke regulations for the granting of pensions to

persons who have served in the Police Force or to their legal

representatives or dependants

Provided that until varied or revoked by any such

regulations, the regulations contained in the Fourth Schedule shall be

in force.

(2) Any regulations made under this article may have

retrospective effect in order to confer a benefit upon, or remove a

disability attaching to any person or class of persons.

(3) No regulation made under this article shall have effect

unless it has received the prior approval of the House of

Representatives signified by resolution.

(4) Any pension granted under this Act shall be computed in

accordance with the provisions in force at the actual date of the

officer’s retirement.

There shall be charged on and paid out of the Consolidated

Fund all such sums of money as may from time to time be granted by

way of pension in accordance with this Act.

(1) No pension shall be granted to any police officer

except on his retirement from the Force in any one of the following

cases

(a) on or after attaining the age of fifty-five years or if

he has completed twenty-five years’ service in the Force;

(b)

on the abolition of his office;

(c)

on compulsory retirement for the purpose of

facilitating improvement in the organisation of the Force, by

which greater efficiency and economy can be effected;

(d) in the case of termination of employment in the

public interest as provided in this Act;

(e)

on medical evidence to the satisfaction of the

Minister that such police officer is incapable, by reason of

infirmity of mind or body, of discharging the duties of his office

and that such infirmity is likely to be permanent

Provided that if a police officer is, without his own

default, seriously injured during the course of his duties and due

to such injury he is incapable of discharging the duties of his

office, and has been duly certified as such by an Injuries Board

made up of medical and other professionals appointed by the

Minister responsible for the Police, such officer may be entitled

to pensionable emoluments as if he had completed the twenty-

five years’ service

Provided further that, if a police officer, without his

own default, dies as a direct consequence of him having carried

out the duties of his office, his dependants, unless otherwise

precluded at law, will be entitled to the payment of such

pensionable emoluments, as mentioned hereunder.

(2) For the purpose of sub-article (1)(e), the pensionable

emoluments shall be granted to

(a) the surviving spouse or partner of the deceased until

such spouse remarries or such partner contracts another union of

equivalent status in accordance with the Civil Unions Act or

reaches pensionable age; or

(b) in the absence of an eligible spouse or partner, the

child or children of the deceased until such child or children

attain the age of eighteen years or until such child or children

attain the age of twenty-three years if attending a full-time

educational institution; or

(c)

in the absence of children, a parent or immediate

family relative who was wholly dependent on him for

maintenance, for a period of five years from the death of the

police officer subject to the retention of a state of dependency.

(3) For the purposes of sub-article (2)(b), the pensionable

emoluments shall be granted to the child or children equally divided

and, in the case of minors, entrusted to their legal guardian as defined

in the Child Protection (Alternative Care) Act.

Where a police officer’s service is terminated on the Retirement on

ground referred to in article 16(c), and a pension cannot otherwise be the

public interest.

granted under the provisions of this Act, such police officer may be

granted a pension not exceeding in amount that for which he would be

eligible if he retired from the Force in the circumstances described in

article 103(1)(e).

(1) A pension granted to a police officer under this Act Maximum

shall not exceed two-thirds of the highest pensionable emoluments pension

may be granted.

drawn by him at any time in the course of his service in the Force.

(2) For the purpose of sub-article (1), an additional pension

granted in respect of injury shall not be taken into account; but where

a police officer is granted such an additional pension, the amount of

such additional pension which he may draw shall not exceed one-

sixth of his highest pensionable emoluments at any time in the course

of his service in the Force by more than the sum by which his pension

or pensions, apart from such additional pension, falls short of two-

thirds of such highest emoluments.

(3) For the purposes of this Part and the regulations made

thereunder

"month" means a calendar month;

"pensionable emoluments" include -

(a)

salary,

(b) personal allowance, but does not include duty

allowance, entertainment allowance, house allowance, the

estimated annual rental value of free quarters, value of rations,

extra remuneration, any fees paid out of the Treasury by way of

salary or any other emoluments whatsoever;

"personal allowance" means a special addition granted

personally to the holder for the time being of the office, but does not

include such an addition if it is granted subject to the condition that it

shall not be pensionable;

"police officer" means a police officer appointed in the Force on

or after the 15th January, 1979;

"year" means a calendar year.

No pension under this Act shall be assignable, transferable

or liable to be attached, sequestrated or levied upon, for or in respect

of any debt or claim whatever, except in so far as is provided in article

318(3) of the Code of Organization and Civil Procedure.

(1) A police officer who retires on grounds listed in

article 103(1)(e), to whom a pension has been granted under this Act

and who is in receipt of -

(a)

any remuneration in respect of any employment, or

of any services rendered, or of any office held; or

(b) any income deriving from the exercise of a trade,

business, profession or vocation; or

(c)

any income deriving from any pension, allowance or

other payment in respect of any employment, service or office

aforesaid,

shall, until he reaches the age of fifty-five years or until the twenty-

fifth anniversary of his first appointment in the Force, whichever is

the earlier, have his pension reduced by the amount by which the

aggregate income established in accordance with the following

provisions of this article exceeds the salary which is then payable in

respect of the post which the officer held on retirement, taking

account only, if such salary is incremental, of the corresponding

increments earned prior to retirement, or, if such post has been

abolished, in analogous post

Provided that the yearly pension shall in no case be

reduced to less than the sum of one hundred and sixteen euro and

forty-seven cents (€116.47), and if the yearly pension or other

allowance does not exceed the minimum payable as aforesaid no

reduction shall be made therefrom.

(2) For the purposes of sub-article (1), the aggregate income

shall be established by adding -

(a) the pension which, but for the provisions of this

article, would have been receivable under this Act; and

(b) any remuneration or income referred to in

subarticle(1)(a), (b), or (c), or both such remuneration and

income; and

(c)

by subtracting therefrom the yearly sum of one

hundred and sixteen euro and forty-seven cents (€116.47).

(3) Any reduction in the pension under sub-article (1) shall be

calculated on the basis of the pension, the remuneration or other

income, and the salary, receivable during a period of twelve months

ending on 31st December of the year in which the reduction is due to

be made, but, subject to any adjustments that may be or become

necessary for any reason whatsoever, and in so far as practicable,

shall be made from the monthly or other periodical payments of the

pension.

(4) Any officer to whom sub-article (1) applies shall without

delay inform the Director General (Social Security), and keep him at

all times informed, of all the circumstances which render the said sub-

article (1) applicable to him and the extent to which it is so

applicable, and of any change in the circumstances or extent

aforesaid, and shall give the Director General (Social Security), on

request, all relevant information; and if such officer fails to comply

with any of the provisions of this sub-article any pension to which he

may be entitled under this Act shall forthwith cease

Provided that on good cause being shown the pension or

other allowance may be restored, with or without retrospective effect,

by the Prime Minister.

(1) The Police Act, 1961, (hereinafter referred to as "the Repeal and

repealed Act") is hereby repealed, without prejudice to anything done saving.

or omitted to be done thereunder.

(2) Notwithstanding the provisions of sub-article (1), any

order, rule, regulation, bye-law, notice or other instrument having the

force of law made under the authority of the repealed Act shall

continue in force and shall continue to have effect as if made under

this Act and may be amended, substituted or revoked accordingly.