ACT No. XVII of 2021 AN ACT to amend the Victims of Crime Act, Cap. 539.

I assent.

(L.S.)

GEORGE VELLA

President

16th April, 2021

ACT No. XVII of 2021

AN ACT to amend the Victims of Crime Act, Cap. 539.

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Victims of Crime Short title.

(Amendment) Act, 2021 and this Act shall be read and construed as

one with the Victims of Crime Act, hereinafter referred to as "the Cap. 539.

principal Act".

Immediately after sub-article (3) of article 6 of the principal Amendment of

Act there shall be added the following new sub-article

"(4) During criminal investigations

(a) interviews of victims shall be conducted

without unjustified delay after the complaint with

regard to a criminal offence has been made to the

Executive Police;

(b) the number of interviews of victims is

kept to a minimum and interviews are carried out

only where strictly necessary for the purposes of

the criminal investigation;

(c) victims may be accompanied by their

legal representative and a person of their choice,

unless the victims would have refused such

representation, in an explicit manner and in writing,

or unless a reasoned decision has been made to the

contrary by the investigating Police Officers,

wheresoever they are of the opinion that the person

chosen may create conflict of interest in the

investigation;

(d) medical examinations are kept to a

minimum and are carried out only where strictly

necessary for the purposes of the criminal

proceedings.".

Sub-article (7) of article 7 of the principal Act shall be

substituted by the following new sub-article

"(7) The court shall assess whether victims need

interpretation or translation as provided for under sub-

articles (1) and (2). Victims may challenge the court’s

decision not to provide interpretation or translation.".

Immediately after article 10 of the principal Act there shall be

added the following new articles

Without prejudice to the Criminal Injuries

reimbursement

Compensation

Scheme Regulations, victims who

participate in criminal proceedings shall have the

possibility to be reimbursed for the expenses incurred as

a result of their active participation in criminal

proceedings, in accordance with their role in the relevant

criminal proceedings. The conditions or procedural rules

under which victims may be reimbursed shall be

determined by the Minister responsible for justice.

The Ministry or any other entity or agency which

the Minister may designate for that purpose shall take

during the criminal proceedings appropriate measures to

protect the privacy, including personal characteristics of

the victim taken into account in the individual assessment

provided for under article 12, and images of victims and

of their family members.".

5. Immediately after sub-article (2) of article 11 of the principal

Act there shall be added the following new sub-articles

"(3) Where a victim is a resident of a Member State other

than Malta, the Executive Police shall take a statement from the

victim immediately after the complaint with regard to the

criminal offence is made.

(4) Where a victim is a resident of a Member State other

than Malta, the victim shall have recourse to the extent possible

to the provisions on video conferencing and telephone

conference calls laid down in the Convention on Mutual

Assistance in Criminal Matters between the Member States of

the European Union of 29 May 2000 (1) for the purpose of

hearing victims who are resident abroad.".

6. Article 12 of the principal Act shall be substituted by the Substitution of

following new article

"12. The Ministry or any other entity or agency

which the Minister may designate for the purpose shall

make provision

(a) to ensure that victims receive a timely

and individual assessment, in accordance with this

Act, and to determine whether and to what extent

they would benefit from special measures in this

Act due to their particular vulnerability. The victim

may request to be interviewed by a person of the

same sex;

(b) for the timely and individual

assessment of victims who suffered from severe

crimes, including crimes committed with a bias or

discriminatory motive which could in particular, be

related to their particular characteristics, and

victims whose relationship to and dependence on

the offender make them particularly vulnerable

such as

(i) minors;

(ii) victims of terrorism;

(iii) victims of organised crime;

(iv) victims of human trafficking;

(v) victims of gender-based violence;

(vi) victims of violence in a close

relationship;

(vii) victims of sexual violence;

(viii) victims of exploitation or hate

crime; and

(ix) victims with disabilities

Provided that the individual assessment

shall, in particular, take into account the personal

characteristics of the victim, the type or nature of

the crime and the circumstances of the crime;

(c) victim support services which shall, as

a minimum, provide

(i) information, advice and support

relevant to the rights of victims including on

accessing national compensation schemes for

criminal injuries, and on their role in

criminal proceedings including preparation

for attendance at the trial;

(ii) information about or direct

referral to any relevant specialist support

services in place;

(iii) emotional and, where available,

psychological support;

(iv) advice relating to financial and

practical issues arising from the crime;

(v) unless otherwise provided by

other public or private services, advice

relating to the risk and prevention of

secondary and repeat victimisation, of

intimidation and of retaliation;

(vi) medical treatment in accordance

with the national healthcare system for as

long as such treatment is necessary;

(vii) protection measures, paying

particular attention to the risk of intimidation

and retaliation and the need to protect the

dignity and physical integrity, including

during questioning and when testifying;

(viii) shelters or any other appropriate

interim accommodation for victims in need

of a safe place due to an imminent risk of

secondary and repeat victimisation, of

intimidation and of retaliation; and

(ix) targeted and integrated support

for victims with specific needs, such as

victims of sexual violence, victims of

gender-based violence and victims of

violence in close relationships, including

trauma support and counselling;

(d) for the close involvement of the victim

in the carrying out of individual assessments which

shall take into account the wishes of the victims as

to whether they do not wish to benefit from the

special measures provided for in this Act;

(e) for updating of the elements that form

the basis of the individual assessment throughout

the criminal proceedings.".

7. Immediately after sub-article (3) of article 14 of the principal Amendment of

Act there shall be added the following new sub-article

"(4) Where the victim is a minor he shall be presumed to

have specific protection needs due to his vulnerability to

secondary and repeat victimisation, to intimidation and to

retaliation. To determine whether and to what extent they would

benefit from special measures as provided for under this Act,

child victims shall be subject to an individual assessment as

provided for in article 12.".

8. Immediately after article 14A of the principal Act there shall Addition of new

be added the following new article

(1) Without prejudice to the locus standi and

rights of the injured party, the provisions of Title II of Part

III of the Police Act and to the rights of the defence and by

virtue of judicial discretion, victims with specific

protection needs who benefit from special measures

identified as a result of an individual assessment provided

for in article 12, may benefit from the measures provided

for in this Act. A special measure envisaged following the

individual assessment shall not be made available if

operational or practical constraints make this impossible,

or where there is a an urgent need to interview the victim

and failure to do so could harm the victim or another

person or could prejudice the course of the proceedings.

(2) The following measures shall be available

during criminal investigations to victims with specific

protection needs identified in accordance with article 12

(a) interviews with the victim being carried

out in premises designed or adapted for that

purpose;

(b) interviews with the victim being carried

out by or through professionals trained for that

purpose;

(c) all interviews with the victim being

conducted by the same persons unless this is

contrary to the good administration of justice;

(d) all interviews with victims of sexual

violence, gender-based violence or violence in

close relationships, unless conducted by a

prosecutor or a person presiding the Court, to be

conducted by a person of the same sex as the

victim, if the victim so wishes

Provided that the course of the criminal

proceedings will not be prejudiced.".

Passed by the House of Representatives at Sitting No. 447 of the

13th April, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54