POLICE ACT (preamble—policeact)

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The Police Act, 1961, (hereinafter referred to as "the repealed Act") is hereby

repealed, without prejudice to anything done or omitted to be done thereunder.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authority of the repealed Act shall continue in force and shall continue to have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.