POLICE ACT (preamble—policeact)
Table of Provisions (113)
Statutory Text (113 Articles)
CHAPTER 164
POLICE ACT
AN ACT to regulate the organization, discipline and duties of the Police
Force, and to provide for matters ancillary or consequential thereto.
12th May, 2017 *
ACT XVIII of 2017 as amended by XIII of 2018, XXXII of 2018 and XIX and
XXI, XXIV of 2020, LVI of 2021 and LVII of 2021 and XXXV of 2023 and Act
III and V of 2024 and Legal Notices 292 of 2020 , 312 of 2023 and 10 , 124 ,
271and 281 of 2024 and 14 of 2025.
The short title of this Act is the Police 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)
The Police Act, 1961, (hereinafter referred to as "the repealed Act") is hereby
repealed, without prejudice to anything done or omitted to be done thereunder.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authority of the repealed Act shall continue in force and shall continue to have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.
(1) In this Act, unless the context otherwise requires
"appropriate consent" shall have the same meaning assigned to it by
article 350 of the Criminal Code;
"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
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.
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
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(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.
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 without the necessary authorization.
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.
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.
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, unless the
anonymous communication is made in accordance with
the procedure indicated in the prevalent anti-fraud and
corruption policy of the Force, 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.
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
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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.
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.
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.
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.
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.
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.
13. Drunkenness, that is to say, if a member of the Force while on
or off duty, is unfit for duty through drink.
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.
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.
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.
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.
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.
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.
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
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
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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
1. The title of these regulations is the Police Pensions
Regulations, 1990.
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
Provided that any serving police officer shall have the period
served during any paid full-time basic induction course or paid full-
time cadetship course considered as service in a disciplined force upon
successful completion of the said course, for the purposes of pension
in accordance with the terms and conditions of the Act
Provided further that the period served as a Police Patrol and
Community Support Officer for a period not exceeding five (5) years
shall be considered as service with the Force once the officer joins the
Force as a regular police officer, and shall have the years of service
carried out as Police Patrol and Community Support Officer counted on
a ratio of 1:0.5 to be considered on a notional basis for the purpose of
salary scale and for the purpose of joining the Force as a sworn officer.
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.
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.
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.
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.
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.
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.
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.
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 in the
Child Protection (Alternative Care) Act.
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.
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.
14. (1) The provisions of this regulation shall apply to officers
in service on or after 1st October 2023
Provided that officers who retired during the year 2023
because they reached pension age or were medically boarded out shall
also benefit from these provisions
Provided further that these provisions shall apply to
officers who were reinstated as members of the Force as long as they
serve for a period of at least four (4) years from the date of
reinstatement, as stipulated in sub-regulation (2).
(2)
Save as otherwise expressly provided in this Act and any
subsidiary legislation made thereunder, an officer who has completed
the twenty-five (25) years of service and who decides to remain in the
Force for an additional period of four (4) years shall be entitled to an
increase of twenty-three per cent (23%) in his pension.
(3)
If the officer continues to serve beyond the twenty-nine
(29) years in the service in accordance with sub-regulation (2), he shall
be entitled to an additional sum equivalent to six (6) months’ basic
salary for each additional year of service, which additional period of
service for the purposes of the said payment shall not exceed a
maximum of four (4) years of service.
(4)
Without prejudice to sub-regulation (3), the officer shall
be granted a gratuity on a pro rata basis if a full year or years of
additional service have not been completed due to illness or if the
officer has reached retirement age as defined in the Social Security
Act.
(5)
Gratuities in accordance with these regulations shall be
payable on retirement of the officer or on completion of thirty-three
(33) years of service
Provided that upon the request of the beneficiary,
gratuities shall be paid at the end of each of the four (4) years covered by
this provision.
(6)
Where an officer who has completed twenty-five (25)
years of service with the Force, has also satisfied the conditions set out
in regulation 11 and opts to continue to serve with the Force thereafter,
the said officer shall be entitled to the pension payable upon the
completion of twenty-five (25) years of service, notwithstanding any
event which may occur during the period subsequent to the completion
of the said twenty-five (25) years of service and which may give rise to
the applicability of the provisions of regulation 11 of this Schedule and
of the provisions of regulation 35 of the Public Service Commission
Disciplinary Regulations
Provided that this shall be without prejudice to the
possibility of accruing additional pension benefits
Provided further that the provisions of regulation 11(2)
shall apply to the pension payable to the officers referred to in this
regulation for the period subsequent to the completion of the said
twenty-five (25) years of service.
15. Where an officer dies before reaching his pension age as
defined in the Social Security Act, whether he is still in service as well
as if he already retired and is receiving a pension under this Act, the
surviving spouse or partner shall be paid a widows pension for a
period not exceeding five (5) years from the death of the said officer,
or until the date when the officer would have reached the said pension
age, whichever comes first. The widows pension shall be equivalent to
the proportion indicated in the Twelfth Schedule to the Social Security
Act, equivalent to two-thirds of the basic salary of the officer on his
death or on his retirement, as applicable
Provided that for the purposes of this regulation,
"partner" shall have the same meaning assigned to it in article 2 of the
Civil Unions Act
Provided further that the pension shall only be granted if
the said officer has served in the Force for a period of at least ten (10)
years
Provided further that the provisions of this regulation shall
apply retroactively in case of officers who were deceased on or after
1st January 2022, but before the coming into force of these
regulations.
(1) The Government shall be responsible for the strategic
direction of the Force.
(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 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 interdicte8.
d 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) When a vacancy occurs in the office of Commissioner, the
procedure for the appointment of a Commissioner shall be the
following
(a) the Public Service Commission shall issue a public
call for applications subject to the necessary
qualifications and experience required for a person to
be eligible for appointment to the office of
Commissioner;
(b) after examining the candidates, the Public Service
Commission shall draw up a short-list indicating the
two most suitable candidates. The Public Service
Commission shall refer the said short-list of the two
candidates to the Cabinet which shall, after giving due
consideration to the two short-listed candidates, refer
the candidate who it considers to be the most suitable
candidate for appointment to the responsible Minister.
The Minister responsible shall refer the said candidate
for a parliamentary hearing by the Standing Committee
on Public Appointments established under article 37 of
the Public Administration Act. The provisions of
article 38 of the Public Administration Act shall,
mutatis mutandis, apply to the said hearing
Provided that notwithstanding the provisions of any
other law or regulations, the decision of the Public
Service Commission regarding the shortlist drawn up
by it according to this paragraph, shall not be subject
to any appeal procedure;
(c) if the Standing Committee on Public Appointments
advises in favour of the appointment of the selected
candidate, the Prime Minister shall appoint the
selected candidate after consultation with the Public
Service Commission; and
(d) if there is only one eligible candidate, the process
provided in paragraphs (b) and (c) shall, mutatis
mutandis, be applied in respect of that candidate.
(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 shall submit the business plan to the Police
Governance Board.
(Deleted by Act LVII.2021.6).
TITLE II
APPOINTMENTS AND CONDITIONS
(1) Notwithstanding any other provision of any law,
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.
(1) Every police officer shall be deemed to be a police
officer at all times and shall devote all his time to the service of the
Force and shall not perform any other work, unless an authorization
has been obtained in advance and in writing.
(2) Every police officer shall in the case of a business or
occupation outside his official duties, request in writing the
Permanent Secretary of the Ministry responsible for the Force and
after such request the Permanent Secretary shall inform the
Commissioner whether such request has been accepted or rejected.
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 and urine drug screening, or alcohol, or any other similar test, 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.
POLICE ACT
(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 recommendation
of the Public Service Commission to remove from 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; or
(d) owing to the influence, consumption or abuse of
alcohol or any drug, whether alone or in combination
with any other circumstances, is unfit to be entrusted
with his duty or with any duty which he may be called
upon to perform, or may, in any way whatsoever, be of
discredit to the Force; or
(e) refuses, without a valid reason, to be tested as mentioned
in article 13(2).
When any police officer shall cease to hold and exercise his
office, he shall forthwith return all articles belonging to the Force
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 -
(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 person
duly empowered by law to administer on oath, 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.
TITLE IV
DISCIPLINE
(1) Disciplinary proceedings shall be regulated 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)There shall be a Disciplinary Board, appointed upon the
request of the Commissioner, which shall be made up of three
members, a Chairperson appointed by the Permanent Secretary in
the Ministry responsible for the Police, and another two members
appointed by the Senior Appointments Advisory Committee. The
Board shall be appointed in accordance with the rules of the Public
Service Commission
Provided that the Chairperson shall be a Public Officer at the
Ministry responsible for the Police and the other two members shall be
retired Public Service officers, one of whom shall be a retired Police
Officer who served in a high rank of Superintendent or higher.
(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 three 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 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 own
behalf and may cross-examine witnesses brought against him 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) 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) suspension from work 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-Repubblika
Act, an offence against discipline dealt with by the 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.
(1)
There shall be a Police Disciplinary Appeals Board
composed of three members, one of whom shall be the Chairperson
appointed by the President of Malta acting on the advice of the Cabinet
of Ministers.
(2)
The Chairperson of the Board shall be a person who has
practised as an advocate in Malta for a period or periods amounting, in
the aggregate, to not less than seven years. The other members of the
Board shall be retired public officers.
(3)
The members of the Board shall hold office for a period of
three years and shall be eligible for reappointment.
(4)
Persons appointed as members of the Board shall hold office
until their successors are appointed.
(5)
The President of Malta acting on the advice of the Cabinet of
Ministers may also appoint a substitute chairperson and substitute
members of the Board to sit on the Board whenever the chairperson or
members or any one of them is for some valid reason unable
temporarily to attend and participate in the sittings of the Board
Provided that, as far as practicable, the same chairperson
and the same members shall hear and conclude the same case.
(6) (a) There shall be such a number of chambers of the Board
as the Minister may prescribe.
(b) Where there is more than one chamber of the Board,
cases shall be assigned to the various chambers in accordance with
such rules as the Minister may prescribe.
(c) Each chamber of the Board shall be composed of a
chairperson and two other members as provided in sub-articles (1) to
(3), which together with all the other provisions of this Act other
than this sub-article shall apply with respect to each chamber as if
reference therein to the Board were a reference to a chamber of the
Board.
(7)
If any vacancy in the Board occurs during the term of
appointment, on account of death, resignation, or for any other cause,
the President of Malta 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.
(8)
A member of the Board shall be removed from office by the
President of Malta acting on the advice of the Cabinet of Ministers 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.
(9) The Board shall have a Secretary who shall be appointed by the
Minister.
(1)
A member of the Force shall have a right of appeal to
the Police Disciplinary Appeals Board in accordance with this article
against a recommendation of a finding of guilt and any corresponding
penalty imposed by the Commissioner of Police relating to minor
offences set out in the Second Schedule, or where the member of the
Force can prove that there has been a gross disregard of the procedures
laid down in this Title and such disregard had prejudiced his interests.
(2)
Notice of appeal under sub-article (1), setting out the
grounds of the appeal, shall be communicated, in writing, to the
Secretary of the Police Disciplinary Appeals Board by not later than ten
working days from the date on which the decision was notified to the
member of the Force concerned. A copy of the notice of appeal shall
concurrently be sent by the member of the Force to the Commissioner
of Police.
(3)
On receiving a copy of a notice of appeal, the Commissioner
of Police shall, by not later than ten working days, transmit to the
Police Disciplinary Appeals Board the relevant documentation relating
to the case, including the report of the Disciplinary Board.
(4)
The Secretary of the Police Disciplinary Appeals Board
shall acknowledge the receipt of the notice of appeal made under this
article and any appeal received after the time period of ten working
days established in sub-article (2) shall not be considered by the Police
Disciplinary Appeals Board.
(5)
If the Police Disciplinary Appeals Board is of the opinion
that the appeal merits consideration in terms of sub-article (1), it may
give an opportunity to the member of the Force charged and to the
Commissioner of Police to make oral representations; but the Police
Disciplinary Appeals Board shall otherwise regulate its own procedure
in dealing with the appeal.
(6)
The Police Disciplinary Appeals Board, after considering
the grounds for appeal, the record of the proceedings, and any oral
representations, shall proceed to decide whether the decision of the
Commissioner of Police shall be confirmed as to the guilt of the
appellant and, or the penalty imposed, or that the Commissioner of
Police should amend or revoke it.
(7)
The Police Disciplinary Appeals Board shall inform the
appellant of the outcome of the appeal.
(8)
Nothing in this article shall prevent the Police Disciplinary
Appeals Board, either before the hearing or at any time during the
hearing of an appeal, from summarily dismissing or disallowing an
appeal without hearing it or without hearing it any further as the case
may be, on the grounds that an appeal is frivolous or vexatious or one
that should not otherwise have been brought or made.
A penalty imposed by the Commissioner of Police shall not
be put into effect before the lapse of at least ten working days from the
date on which the member of the Force was notified of the penalty by
the Commissioner of Police and, if an appeal has been lodged, the
penalty shall not be put into effect pending a decision by the Police
Disciplinary Appeals Board.
TITLE V
INDEPENDENT POLICE COMPLAINTS BOARD
(1) There shall be an Independent Police Complaints Board
composed of three members, one of whom shall be the Chairperson,
appointed by the President of Malta acting on the advice 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.
(5A) (a) There shall be such number of chambers of the Board as
the Minister may prescribe.
(b) Where there is more than one chamber of the Board, cases
shall be assigned to the various chambers in accordance with such
rules as the Minister may prescribe.
(c) Each chamber of the Board shall be composed of a
chairperson and two other members as provided in sub-articles (1) to
(3), which together with all the other provisions of this Act other than
this sub-article shall apply with respect to each chamber as if reference
therein to the Board were a reference to a chamber of the Board.
(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 have
the following functions
(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 to send its recommendations to the
Commissioner of Police and to the Social Affairs
Committee about every complaint and, or request
received;
(h) 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
(i)
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) A complaint shall not be entertained unless it is made not later
than twelve 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. 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 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 witness
into the programme under article 41(b) or (c), the 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 person
qualifies for admission to the programme, he shall apply in 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
constitutes a crime for which others are being or are to be prosecuted,
shall not be prosecuted for any crime arising from the same fact before
the proceedings in which he is or will be a witness shall have become
res judicata
Provided that no objection to the competence of a protected
witness shall be admitted on the ground that the said witness was
either charged with the same offence in respect of which his deposition
is required or that he is liable to be prosecuted in the future in respect
of the said offence or of a related offence.
(2) In criminal proceedings instituted against a protected witness
for any crime arising from the same fact on which the protected
witness would have given evidence, the court shall take into due
account the fact that the protected witness gave evidence against any
principal or accomplice in such manner as it deems appropriate and the
punishment of such protected witness may be mitigated or remitted
and the court shall expressly refer to the provisions of this article in its
judgement.
(3) In any civil proceedings instituted against a protected witness
based on the fact that the said witness was the perpetrator or was an
accomplice in the crime on which he tendered evidence, the court
shall, if it finds that the protected witness is responsible for the
payment of damages, only hold him liable for such part of the damage
as he may have caused and shall, notwithstanding the provisions of
articles 1049, 1050 and 1051A of the Civil Code or of any other law,
hold him not liable jointly and severally with others
Provided that the exemption from joint and several liability
provided for in this sub-article shall not apply in the case of damages
resulting from wilful homicide or from grievous bodily harm.
(4) Notwithstanding the provisions of sub-article (2), where in
criminal proceedings as provided for in sub-article (1) instituted
against a protected witness -
(a) the prosecution declares in the records of the
proceedings that the accused has tendered evidence on
facts constituting a criminal offence liable to a
punishment of imprisonment of more than one year
which has helped the police to apprehend the person or
persons who committed the said criminal offence; or
(b) the protected witness proves to the satisfaction of the
court that his evidence has so helped the police,
the punishment for such crime shall be diminished as regards
imprisonment by one or two degrees and as regards any pecuniary
penalty by one-third or one-half
Provided that the court may, if it considers that the
circumstances of the case so merit, after hearing all the evidence and
after convicting the protected witness, either further reduce the
punishment or exempt the protected witness from punishment
completely
Provided further that, when it applies the above proviso to
exempt the protected witness from punishment completely, the court
shall make a report to the President of Malta stating the reasons for its
action and shall expressly refer to the provisions of this article in its
report.
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 and
property of a witness admitted to the programme and to that of
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
agreements with foreign governments providing for assistance, on the
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 officio
or on an application by the Commissioner, revoke a person’s protected
witness status under article 41(a) or (b) where it results that 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 protected
witness status granted under article 41(a) where it results that such
person is not abiding by the conditions of the programme or where he
is reasonably suspected of having committed any of the crimes
referred to in articles 100 to 105 of the Criminal Code, both 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 may
be made to the Attorney General, who shall decide the request as
provided in article 45(2). The Attorney General may not be brought 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
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, or victim of a sexual offence, or
vulnerable victim or witness shall have the said interview and any
statement made by them recorded by audio-visual means when
interviewed by the police in the course of an investigation
Provided that for the purposes of this sub-article, any audio-
visually recorded interview or statement shall be admissible as
evidence in any trial before a court of criminal judicature concerning
the offence to which it relates and the provisions of sub-article (3A) of
article 646 of the Criminal Code shall apply to viva voce evidence
given by such person during the trial.
(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 competent
persons as may be necessary and with the appropriate 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 acquittal
by a final judgment of a court, demand that all samples, 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 by
application to a Magistrate.
(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 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, or of such period of further detention as may
have been authorised according to article 355AJ of the
Criminal Code, 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 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
everything in the possession of the person arrested who is to be
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 private
property only to the extent authorised by law.
Saving the special provisions of any other law allowing
interference by the Police with the enjoyment of private property, the
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
Any victim who makes contact with the Executive Police
shall be promptly provided with a Letter of Victims’ Rights and the
said person shall be given the opportunity to read it and to retain
same in his possession. The Letter of Victims’ Rights shall be
written in a language that the person understands
Provided that where the Letter of Victims’ Rights is not
available in the appropriate language, the person shall be informed
of his rights orally in a language that he understands and the Letter
of Victims’ Rights shall, subsequently and without undue delay, be
provided to him in a language that he understands.
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
used for the duration that is strictly necessary when it is evident that all
other remedies would be of no avail.
If in any Court or tribunal any question arises as to the
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
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
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 force
and fire-arms by the Police.
The provisions of this Part shall be in addition to any other
power conferred by any other law.
PART VI
Regulations, Orders and Forms
(1) The Minister responsible for the Police may make
regulations for the better carrying out of the provisions of this Act and
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 this
Act and to any regulations made by the Minister responsible for 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
regular meetings at suitable intervals with representatives of the local
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
S u p e r i n t e n d e n t i n c h a rg e o f t h e d i s t r i c t a n d t h e A s s i s t a n t
Commissioner in charge of the region.
(1) The Commissioner may hold an inquiry into any matter
concerning the administration of the Force which he considers 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
police organisations, co-operate with any state agency having similar
powers and duties in any other country.
(1) The Commissioner may authorize the competent
authorities of a Member State of the European Union (hereinafter
referred to as "seconding Member State") to conduct in Malta, jointly
with or under the supervision or direction of the Police, patrols and
other operations by officers or other officials (hereinafter referred to as
"seconded officers") of that State.
(2) The Commissioner may also grant the said authorization
following a request by a foreign competent authority of a Member
State.
The Minister may, after consulting with the Commissioner and
with the consent of the seconding Member State
(a) confer any one or more of the functions, powers and
duties as are by law vested in a member of the Police,
to a seconded officer participating in joint operations
or joint patrols with the Police, or
(b) authorize a seconded officer participating in joint
operations or joint patrols with the Police, to exercise
his executive powers in accordance with the law of the
seconding Member State
Provided that seconded officers may only exercise any
function, power or duty conferred or authorized under this article
under the guidance and in the presence of the Police.
(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.
The provisions of this Act and of any subsidiary legislation
made thereunder shall also apply, in accordance with the provisions of
the 1982 United Nations Convention on the Law of the Sea as ratified
by the Law of the Sea (Ratification) Act, to an exclusive economic
zone area or an environment protection area as defined in the
Exclusive Economic Zone Act and subject to the provisions of this
Act, a police officer shall, in relation to any artificial island,
installation, structure, equipment or device therein, have all the
powers, protection and privileges which he has in Malta.
100.All persons who at the time of commencement of the Malta
Police Ordinance were serving as police officers shall be deemed to
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
101.(1) It shall be lawful for the Minister responsible for the
Police, with the concurrence of the Minister responsible for finance, 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.
102.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.
103.(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 sixty-four (64) years or
if he has completed twenty-five (25) years of service
in the Force
Provided that whenever a police officer who has already
obtained the full pensionable emoluments is reinstated as a
member of the Force, he shall serve as a member for a
period of not less than two (2) years in order for his
pension to be reviewed.
(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.
104.Where a police officer’s service is terminated on the ground
referred to in article 16(c), and a pension cannot otherwise be 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).
105.(1) A pension granted to a police officer under this Act shall
not exceed two-thirds of the highest pensionable emoluments 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.
106.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.
107.(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) Il-Ministru responsabbli għall-Pulizija, bi ftehim mal-
Ministru responsabbli għall-finanzi, jista’ jagħmel, ibiddel u jħassar
regolamenti dwar l-għoti ta’ pensjonijiet lil persuni li kienu fis-servizz
tal-Korp tal-Pulizija jew lir-rappreżentanti legali jew dipendenti
tagħhom
Iżda sakemm ma jiġux imbiddla jew imħassra bis-saħħa ta’
dawn ir-regolamenti, iseħħu r-regolamenti li hawn fir-Raba’ Skeda.
(2) Ir-regolamenti kollha li jsiru bis-saħħa ta’ dan l-artikolu jista’
jkollhom effett retrospettiv sabiex jikkonferixxu benefiċċju lil, jew
ineħħu xi diżabilità li persuna jew klassi ta’ persuni jista’ jkollhom.
(3) Ebda regolament magħmul taħt dan l-artikolu ma għandu jkollu
effett kemm-il darba ma jkunx irċieva minn qabel l-approvazzjoni tal-
Kamra tad-Deputati mgħarrfa b’riżoluzzjoni.
(4) Kull pensjoni mogħtija taħt dan l-Att għandha tingħadd skont
id-dispożizzjonijiet fis-seħħ f’dak il-jum li fih l-uffiċjal jirtira.
102.Dawk is-somom kollha illi minn żmien għal żmien jiġu
assenjati bħala pensjoni taħt dan l-Att għandhom jitqiegħdu għad-
debitu tal-Fond Konsolidat u għandhom jitħallsu minnu.
103.(1) Ebda pensjoni ma tingħata lil ebda uffiċjal tal-Pulizija
ħlief meta jirtira mill-Korp f’wieħed mill-każijiet li ġejjin
(a)
meta jew wara li jagħlaq l-età ta’ erbgħa u sittin
(64) sena, jew jekk ikun għalaq ħamsa u għoxrin (25) sena
servizz fil-Korp
Iżda kull meta uffiċjal tal-pulizija li jkun diġà
ottjena l-ħlas ta’ pensjoni sħiħa jerġa’ jingħaqad bħala membru
tal-Korp, huwa għandu jservi bħala membru għal perjodu ta’
mhux inqas minn sentejn (2) sabiex il-pensjoni tiegħu tiġi
aġġustata.
(b) meta titneħħa l-kariga tiegħu;
(ċ) meta jiġi rtirat bilfors sabiex jagħti lok li ssir aħjar l-
organizzazzjoni tal-Korp, biex b’hekk ikun hemm
effiċjenza u ekonomija akbar;
(d) fil-każ ta’ tmiem ta’ impjieg fl-interess pubbliku kif
maħsub f’dan l-Att;
(e) fuq prova medika għas-sodisfazzjon tal-Ministru li dak l-
uffiċjal tal-pulizija mhux kapaċi minħabba f’mard tal-
moħħ jew tal-ġisem li jesegwixxi d-dmirijiet tal-kariga
tiegħu u li din il-marda aktarx hija permanenti
Iżda jekk uffiċjal tal-pulizija, mhux minħabba f’xi nuqqas
tiegħu, jiġi mweġġa’ b’mod serju waqt li jkun qed jiżvolġi l-obbligi
tiegħu u minħabba fit-tali korriment ma jkunx possibli għalih li jaqdi
d-dmirijiet tax-xogħol tiegħu, u jkun ġie ċċertifikat kif meħtieġ mill-
Bord dwar il-Korrimenti magħmul minn professjonisti mediċi u
professjonisti oħrajn maħtura mill-Ministru responsabbli għall-
Pulizija, it-tali uffiċjal jista’ jiġi intitolat għall-ħlas tal-pensjoni
daqslikieku għamel il-ħamsa u għoxrin sena servizz
Iżda wkoll, jekk uffiċjal tal-pulizija, mhux minħabba f’xi
nuqqas tiegħu, imut b’konsgwenza diretta li jkun żvolġa d-dmirijiet
tax-xogħol tiegħu, id-dipendenti tiegħu, sakemm ma jkunux preklużi
mil-liġi, ikunu intitolati għall-ħlas tal-pensjoni, kif jidher hawn taħt.
(2) Għall-fini tas-subregolament (1)(e), il-ħlas tal-pensjoni għandu
jiġi mogħti lil
(a) il-konjuġi jew sieħeb superstiti tal-mejjet sakemm dan il-
konjuġi jerġa’ jiżżewweġ jew is-sieħeb jidħol f’unjoni
oħra ta’ status ekwivalenti skont l-Att dwar l-Unjoni
Ċivili, jew jilħaq l-età pensjonabbli; jew
(b) fin-nuqqas ta’ konjuġi jew sieħeb eliġibbli, it-tifel jew it-
tfal tal-mejjet sakemm dak it-tifel jew tfal jilħaq l-età ta’
tmintax-il sena jew sakemm dak it-tifel jew tfal jilħaq l-
età ta’ tlieta u għoxrin sena jekk jattendi istituzzjoni
edukattiva full-time; jew
(ċ) fin-nuqqas ta’ tfal, ġenitur jew qarib immedjat tal-familja
li kien ikun jiddependi minnu għall-manteniment, għal
perjodu ta’ ħames snin mill-mewt tal-uffiċjal tal-Pulizija
sakemm dan ikun fi stat ta’ dipendenza.
(3) Għall-finijiet tas-subartikolu (2)(b), il-ħlas tal-pensjoni mogħti
lit-tifel jew lit-tfal għandu jinqasam b’mod ugwali u, fil-każ ta’ minuri,
fdat lill-gwardjan legali tagħhom kif stabbilit fl-Att dwar il-
Protezzjoni tat-Tfal (Ħarsien Alternattiv).
104.Meta servizz ta’ uffiċjal tal-pulizija jiġi mitmum minħabba
f’dak li hemm imsemmi fl-artikolu 16(ċ) u pensjoni ma tkunx tista’
tingħata xort’oħra skont id-dispożizzjonijiet ta’ dan l-Att, dak l-
uffiċjal tal-pulizija jista’ jingħata pensjoni li ma tkunx iżjed minn dak
l-ammont li għalih kien ikun eliġibbli kieku rtira mill-Korp fiċ-
ċirkostanzi msemmijin fl-artikolu 103(1)(e).
105.(1) Il-pensjoni mogħtija lil uffiċjal tal-pulizija taħt dan l-Att
ma tistax tkun iżjed minn żewġ terzi tal-ogħla ħlas pensjonabbli li
f’kull żmien li jkun kien idaħħal matul is-servizz tiegħu fil-Korp.
(2) Għall-finijiet tas-subartikolu (1), ma jitteħidtx qies ta’ pensjoni
addizzjonali mogħtija lil uffiċjal minħabba fil-fatt li tkun ġratlu ħsara
fil-persuna; iżda, meta tingħata lil uffiċjal tal-Pulizija din il-pensjoni
addizzjonali, l-ammont li huwa jista’ jieħu ta’ din il-pensjoni
addizzjonali ma jistax jaqbeż is-sest tal-ogħla ħlas pensjonabbli tiegħu
f’kull żmien li jkun matul is-servizz tiegħu fil-Korp b’aktar milli bis-
somma li biha l-pensjoni jew pensjonijiet tiegħu, apparti minn dik il-
pensjoni addizzjonali, ikun anqas minn żewġ terzi ta’ dak l-ogħla ħlas
pensjonabbli.
(3) Għall-finijiet ta’ din it-Taqsima u tar-regolamenti magħmulin
bis-saħħa tagħha
"xahar" tfisser xahar skont il-kalendarju;
"ħlas pensjonabbli" jidħlu fiha -
(a) is-salarju,
(b) l-allowance personali, iżda ma jidħlux fiha l-allowance
għal xi servizz, l-allowance għat-trattament, l-allowance
għall-kera, il-valur tal-kera frank kif stmat fis-sena, il-
valur tar-razzjon, ir-rimunerazzjoni extra, u kull dritt
imħallas mit-Teżor bħala salarju jew kull xorta ta’
ħlasijiet oħra;
"allowance personali" tfisser żjieda speċjali mogħtija personalment
lid-detentur tal-kariga għal dak iż-żmien, iżda ma tinkludix dik iż-
żjieda jekk tkun mogħtija bħala suġġetta għall-kondizzjoni li ma tkunx
pensjonabbli;
"uffiċjal tal-pulizija" tfisser uffiċjal tal-pulizija maħtur fil-Korp fi
jew wara l-15 ta’ Jannar, 1979;
"sena" tfisser sena skont il-kalendarju.
Ebda pensjoni mogħtija taħt dan l-Att ma tista’ tiġi ċeduta jew
ittrasferita jew maqbuda, issekwestrata jew tkun suġġetta għal atti
ġudizzjarji minħabba jew dwar dejn jew jedd ieħor, ħlief sa fejn
jgħoddu d-dispożizzjonijiet tal-artikolu 381(3) tal-Kodiċi ta’
Organizzazzjoni u Proċedura Ċivili.
107.(1) Uffiċjal tal-pulizija li jirtira għal raġunijiet elenkati fl-
artikolu 103(1)(e) li tkun ingħatatlu pensjoni taħt dan l-Att u li jkun
qed jirċievi -
(a) xi rimunerazzjoni dwar xi impieg, jew xi servizzi
mogħtija, jew xi kariga miżmuma; jew
(b) xi dħul li jkun ġej mill-eżerċizzju ta’ kummerċ, negozju,
professjoni jew vokazzjoni; jew
(ċ) xi dħul li jkun ġej minn xi pensjoni, allowance jew ħlas
ieħor dwar xi impieg, servizz jew kariga kif intqal qabel,
ikollu, sakemm jilħaq l-età ta’ ħamsa u ħamsin sena, jew sal-ħamsa
u għoxrin anniversarju tal-ewwel ħatra tiegħu fil-Korp, skont liema
jiġi l-ewwel, il-pensjoni tiegħu mnaqqsa bl-ammont li bih id-dħul
totali stabbilit skont id-dispożizzjonijiet li ġejjin ta’ dan l-artikolu jkun
iżjed mis-salarju li f’dak iż-żmien jitħallas dwar il-kariga miżmuma
minn dak l-uffiċjal meta rtira, billi jitqiesu biss, jekk dak is-salarju
jkun b’żidiet inkrimentali, dawk iż-żidiet korrispondenti li jkunu
ttieħdu qabel dak l-irtir, jew, jekk dak il-post ikun ġie abolit, dwar post
analogu
Iżda l-pensjoni fis-sena ma għandha f’ebda każ titnaqqas għal
anqas mis-somma ta’ mija u sittax-il euro u sebgħa u erbgħin ċenteżmu
(€116.47) u jekk il-pensjoni jew allowance oħra fis-sena ma tkunx
iżjed mill-iżgħar somma li għandha titħallas kif ingħad qabel ebda
tnaqqis ma għandu jsir minnha.
(2) Għall-finijiet tas-subartikolu (1), id-dħul totali għandu jiġi
stabbilit billi jingħaddu flimkien -
(a) il-pensjoni li kienet tiġi riċevuta taħt dan l-Att, kieku ma
kienx għad-dispożizzjonijiet ta’ dan l-artikolu, u
(b) kull rimunerazzjoni jew dħul kif imsemmi fis-subartikolu
(1)(a), (b) jew (ċ), jew dawk ir-rimunerazzjoni u dħul
flimkien, u
(ċ) billi jitnaqqsu minnhom is-somma ta’ mija u sittax-il
euro u sebgħa u erbgħin ċenteżmu (€116.47) fis-sena.
(3) Kull tnaqqis fil-pensjoni taħt is-subartikolu (1) għandu jiġi
kalkolat fuq il-bażi tal-pensjoni, ir-rimunerazzjoni jew income ieħor, u
s-salarju, li għandhom jiġu riċevuti matul perijodu ta’ tnax-il xahar li
jispiċċa fil-31 ta’ Diċembru, iżda bla ħsara għal kull aġġustament li
jista’ jkun jew li jista’ jsir meħtieġ għal xi raġuni tkun li tkun, u safejn
ikun prattikabbli, għandu jsir mill-ħlasijiet ta’ kull xahar jew ħlasijiet
oħra perjodiċi tal-pensjoni.
(4) Kull uffiċjal li għalih japplika s-subartikolu (1) għandu
mingħajr dewmien jgħarraf lid-Direttur Ġenerali (Sigurtà Soċjali) u
jżommu mgħarraf f’kull żmien, biċ-ċirkostanzi kollha li jagħmlu l-
imsemmi subartikolu (1) applikabbli għalih u l-limiti safejn huma
hekk applikabbli, u b’kull tibdil fiċ-ċirkostanzi jew fl-imsemmija
limiti, u għandu jagħti lid-Direttur Ġenerali (Sigurtà Soċjali) meta
jkun mitlub it-tagħrif kollu rilevanti; u jekk dak l-uffiċjal jonqos li
jħares xi waħda mid-dispożizzjonijiet ta’ dan is-subartikolu, kull
pensjoni li għaliha huwa jista’ jkollu dritt jieqaf minnufih
Iżda jekk tingħata raġuni tajba, il-pensjoni jew l-allowance l-
oħra tista’ terġa’ tingħata b’effett retroattiv jew mingħajru, mill-Prim
Ministru.
* See footnote hereunder.
(1) Any inquiry, complaint, proceedings or other
procedures which have hitherto been filed, instituted or followed
before the Police Board prior to the entry into force of this Act which
were valid at the time when such inquiry, complaint, proceedings or
procedures were filed, instituted or followed shall continue to be valid
after the entry into force of this Act.
(2)
The provisions of sub-article (1) shall apply also to any
recommendation, order or other decision delivered by the said Board
and to the enforcement of such order and decision.
(3)
The provisions of this Act shall apply to any procedures that
were pending before the Police Board and which on the date of entry
into force of this Act were still pending and have not been finally
concluded.
(4) All causes which were pending before the Police Board shall be
continued before the Independent Police Complaints Board.