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PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

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Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

PRIVATE GUARDS AND COMMUNITY OFFICERS

CHAPTER 389

PRIVATE GUARDS AND

COMMUNITY OFFICERS ACT

To provide for the licensing, regulation and control of persons

operating, engaged or employed in private guard services and in

community officers’ services and to provide for matters connected

therewith or ancillary thereto.

(15th June, 1996)

(27th August, 1996)

ACT XIII of 1996 , as amended by Acts III of 2002 and XIII of 2005 ;

Legal Notice 425 of 2007 ; Act XXII of 2010 ; Legal Notices 325 and

491 of 2011; Act XXVII of 2011 ; and Legal Notice 426 of 2012 and

190 of 2022 and Act XIV of 2018 and XXI of 2020.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

The short title of this Act is the Private Guards and

Community Officers Act.

PART I

Preliminary

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

Added by

XIII. 2005.39.

(Article 19A)

Substituted by

L.N. 491 of 2011.

Amended by

XIV. 2018.17.

Substituted by

L.N. 190 of 2022.

Laws or Regulations which may be enforced

by Plain Clothes Community Officers

Legislation

Chapter or Subsidiary

Particular provisions, if

Legislation number

any

Traffic Regulation Ordinance

Articles 3, 30, 34(1) and

46 and the Second Sched-

ule in respect of parking or

waiting or stopping at pro-

hibited place.

Traffic Signs and Carriage-

Regulation 2.

way Markings Regulations

Motor Tractors Regulations

Regulation 3.

Motor Vehicles Regulations

Regulations 59, 61, 67 to

90, 92 to 103, 105 to

110A, 114 to 118, 123 to

127, 130 and 134.

Motor Vehicles (Wearing of

Seat Belts) Regulations

Clamping and Removal of

Regulation 11.

Motor Vehicles and Encum-

bering Objects Regulations

Regulations 3, 4, 27, 56,

Motor Vehicles (Driving

57, 58, 69, 76.

Licences) Regulations

Motor Vehicles (Carriage of

Regulations 5, 68, 69, 72.

Goods by Road) Regulations

Low-Powered Vehicles and

Regulations 4(1), 5(1), 6,7,

Pedal Cycles Regulations

9 to 11, 13, 14, 17(6),19,

21 to 24, 26.

PRIVATE GUARDS AND COMMUNITY OFFICERS

Mdina (Restriction of Access

Regulation 2.

and Transit of Vehicles) Reg-

ulations

Motor Vehicles Insurance

Article 8(1).

(Third- Party Risks) Ordi-

nance

Litter Act

Articles 3, 4, 5, 8.

Control of Dogs Regulations

Tobacco (Smoking Control)

Article 14.

Act

Smoking in Public Places

Regulations

Smoking Control in Private

Vehicles Regulations

Controlled Parking Schemes

(Residents and Commercial)

Regulations

Registration and Licensing of

Regulations 8, 13(1),

Motor Vehicles Regulations

14(3), 17(1), (2), 18, 20,

21(1), 24, 32(3), (4), (5),

(7), 33, 35, 44(7)(b), (c),

(d), (e), (f), (g), (h), (i) and

(j).

Community Officers Services

Regulations

Activities Requiring Permit

by Local Councils Regula-

tions

Trenching Works Requiring

Permit by Local Councils

Regulations

Regulations 19(1) and (2).

Management of Bathing

Water Quality Regulations

Placing of Billboards and

Regulations 4, 8, 9, 10,12.

Advertising on the Road Reg-

ulations

Valletta Pedestrian Zones

Regulation 9.

Regulations

Abandonment, Dumping and

Disposal of Waste in Streets

and Public Places or Areas

Regulations

Environmental Management

Construction Site Regulations

PRIVATE GUARDS AND COMMUNITY OFFICERS

Education Act

Articles 58 to 63, both

included.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

In this Act, unless the context otherwise requires -

"Administrative Review Tribunal" means the tribunal established

under article 5 of the Administrative Justice Act;

"bye-laws" means any bye-laws and any other legislation which

may from time to time be entrusted to local councils by delegation

or agreement as stipulated in the Local Government Act;

"Commissioner" means the Commissioner of Police;

"community officer" means an individual whose services are

rendered in the provision of community officers’ services;

"community officers agency" means an individual or a body of

persons whether corporate or unincorporate, who provide community

officers’ services;

"community officers’ services" means such services as may be

required by local councils in the discharge of their duties and

responsibilities for the control, regulation and enforcement of bye-

laws, including the provision of services for the control and regulation

of access and movement by pedestrians or vehicles, generally or on

particular occasions and the provision of similar services whether by

uniformed or plain clothes community officers;

"Minister" means the Minister responsible for the Police;

"plain clothes community officer" means a community officer

without uniform whose services are rendered in the provision of

specific duties or parts of legislation, which are listed in the Schedule.

"private guard" means an individual employed or engaged by a

private guard agency in the provision of private guard services

PRIVATE GUARDS AND COMMUNITY OFFICERS

including such services at a place of entertainment and specialised

private guards services;

"private guard agency" means any individual or body of persons,

whether corporate or unincorporate, providing any private guard

services or specialised private guard services and includes any such

individual or body employing or engaging private guards;

"private guard services" means any guard service, other than

guard services provided by any government department or

authority under the provisions of any law other than this Act,

provided either by an individual or by a body of persons, whether

corporate or unincorporate, in relation to -

(a) the prevention or detection of intrusion, unauthorised

entry or activity, vandalism or trespass on private

property;

(b) the prevention or detection of fraud or theft, loss,

misappropriation or concealment of merchandise,

money, bonds, stocks, notes or other documents or

papers;

(c) the control, regulation or direction of the movement of

the public in private or restricted areas, whether by the

use of a vehicle or otherwise, to assure the protection

of property;

(d) the protection of individuals from bodily harm;

(e) the protection of property;

(f) the provision of persons for the purpose of guarding

money or any other property in transit or for the

transportation of such money or other property;

(g) the provision of armoured cars for the transportation of

such money or other property;

(h) the provision, installation and servicing of safes,

alarms, and other security equipment or ancillary items

as the Minister may prescribe;

(i) private investigative services;

(j) the provision of security consultancy services;

(k) the operation of premises offering safe deposit

facilities other than such operation by banks;

(l) any other service which the Minister may from time to

time by order prescribe;

but shall not include any such services provided to any person,

other than a private guard agency or a local council, by his

employee whether full-time, part-time or casual;

"private investigative services" means obtaining, selling or

supplying to any person any information relating to -

(a) the identity, conduct, movements, whereabouts,

affiliations, associations, transactions, reputation or

character of any person or a body of persons;

(b) the background or antecedents of any applicant for

PRIVATE GUARDS AND COMMUNITY OFFICERS

employment;

(c) enquiries for missing persons or property;

(d) damage to or loss of property;

(e) the prevention or detection of industrial espionage;

"security consultancy services" means the provision of advice

relating to the security of property, premises, personnel, plant,

machinery and equipment;

"specialised private guard" means a private guard rendering

specialised private guard services;

"specialised private guard services" means private guard services

in relation to the transportation or guarding in transit of money or

property, or in relation to premises where money or property of

value is stored, or in relation to other premises otherwise exposed

to high security risks;

PART II

Private Guard Services

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No person shall operate as a private guard agency or act as

a private guard or offer his services as such, unless such person is

licensed in accordance with the provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No person shall employ, engage or permit the use of private

guard services unless such services are provided by a private guard

agency or by private guards, as the case may be, licensed in

accordance with the provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No private guard agency shall provide any person for

duties in, or connected with, private guard services unless such

person is licensed as a private guard in accordance with the

provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Any person desiring to be licensed as a private guard

agency or as a private guard shall make an application in writing to

the Commissioner.

(2) Such application shall in the case of a private guard agency,

contain the following information which shall be accompanied by

such documentation in support thereof, as the case may require

(a) the full name and business address, and in the case of

an individual a legally valid identification document

number and in the case of a commercial partnership,

the registered number and office of the partnership;

(b) the name under which the applicant intends to carry on

his activities;

(c) the nature of the activities which the applicant intends

to carry on;

(d) in the case of a body of persons the names and

addresses and legally valid identification document

numbers of the shareholders, partners, directors,

secretaries and any other officers of the body and

PRIVATE GUARDS AND COMMUNITY OFFICERS

where any of such persons is a partnership the

registered number and office of the partnership and the

number of persons they propose to employ;

(e) a declaration by the applicant stating that he has no

financial or other interest which could in any way

conflict with the services to be provided by the private

guard agency; such other interest shall include any

other business or economic activity carried out or

being carried out, or services provided or being

provided, or employment held or being held, by the

applicant;

(f) if an applicant was previously carrying on any

business activity, the financial statements for the last

three years, and if under any other law such financial

statements are required to be audited, the audited

financial statements;

(g) experience relevant to private guard services held by

any person mentioned in paragraphs (a) and (d) above.

(3) In the case of a private guard the application shall contain

the following information which shall be accompanied by such

documentation in support thereof, as the case may require

(a) the full name, address and a legally valid identification

document number;

(b) the date and place of birth;

(c) full details of the applicant’s working experience;

(d) a declaration by the applicant stating that he has no

financial or other interest which could in any way

conflict with the services to be provided as a private

guard;

(e) academic, training and other qualifications held to act

as a private guard.

(4) An application under this article shall be accompanied by

such fee as may be prescribed.

(5) The Commissioner may, in the circumstances of any

particular case require additional information or that any

information submitted under this article be supported by such

relevant documentation as he may require.

(6) In considering an application lodged by any person desiring

to be licensed as a private guard agency employing or engaging

private guards to provide private guard services in any place of

entertainment the Commissioner shall determine whether the place

of entertainment in question requires the provision of such

services, taking into account security considerations including in

particular the maximum capacity of the place of entertainment in

(7) Where a person desires to engage a private guard agency

for the purposes of providing private guard services at a place of

entertainment such person shall request the prior authorisation of

PRIVATE GUARDS AND COMMUNITY OFFICERS

the Commissioner.

(8) A person desiring to engage a private guard agency for the

purpose of providing specialised private guard services shall

r e q u e s t t h e p r i o r a u t h o r i s a t i o n o f t h e C o m m i s s i o n e r. T h e

Commissioner shall consider whether the criteria for specialised

private guard services are fulfilled.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

The Commissioner shall, within fifteen days of the receipt

of such application, give notice in the Gazette of such application

with such details as he may consider appropriate.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Any person may, within one month from the

publication of such notice, object in writing to the issue of such

licence on any of the grounds listed in article 10.

(2) The Commissioner shall consider any such objection and

shall verify any statements made therein. For this purpose the

Commissioner may require the person objecting to produce or

indicate proof to substantiate any statement made in any such

objection.

(3) Any objection made under the provisions of this article

shall be treated as confidential.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

Having considered the application made and any objections

received under article 8 the Commissioner shall within four weeks

from the lapse of one month mentioned in article 8(1) -

(a) either issue a licence to the applicant to act as a private

guard agency or as a private guard; or

(b) refuse the application.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

The Commissioner shall refuse an application in any of the

following circumstances

(a) where the applicant or any officer of the applicant or

any person who has an effective control of the services

to be provided by the applicant -

(i) has been convicted in Malta or elsewhere of any

crime of wilful homicide or of wilful grievous

bodily harm or any crime against property

aggravated by amount exceeding two thousand

and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37) or by violence or

any crime against public trust or any other

serious crime; or

(ii) has been declared bankrupt or his financial

position is precarious or otherwise renders the

applicant unsuitable; or

(iii) has been discharged from the Police or armed

forces or the prison services because of any

offence or other misbehaviour; or

(iv) is a public officer other than one who belongs to

a grade or category as may be prescribed by the

Minister or a member of the Police or armed

PRIVATE GUARDS AND COMMUNITY OFFICERS

forces or the prison services; or

(v) has been convicted in Malta or elsewhere of a

crime against the person or against property and

the application is made within five years from

the commission of the crime; or

(vi) has been convicted in Malta or elsewhere of a

crime affecting the good order of families;

(b) when he considers that it is in the public interest to

refuse such a licence; or

(c) where the applicant does not possess the necessary

qualifications as may be prescribed by or under this

Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) If the Commissioner refuses to issue a licence to an

applicant to act as a private guard agency or as a private guard, he

shall forthwith communicate in writing such decision to the

applicant stating the reason for such refusal

Provided that in the case of a refusal under article 10(b) , it

shall be sufficient to state that the licence has been refused in the

public interest.

(2) The Commissioner shall, in the case of a refusal in the

public interest, keep a copy of such refusal and the actual reason

therefor, for possible onward transmission to the Administrative

Tribunal should the applicant appeal from the Commissioner’s

decision.

(3) On the receipt of a licence or of the notice of refusal, the

applicant may, within one calendar month from such receipt, apply

to the Administrative Review Tribunal in accordance with article

15 of the Administrative Justice Act requesting that any terms or

conditions attached to such licence be removed or changed, or in

the case of a refusal that the licence be issued and thereupon the

provisions of the said Act shall apply to the proceedings before the

said Tribunal and to any appeal from any decision thereof.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) A licence issued by the Commissioner under article 9 -

(a) shall be valid for a period of one year from its date of

issue;

(b) may be limited to any of the private guard services;

(c) shall be subject to the specific condition that the

holder of the licence shall inform the Commissioner of

any change in the information submitted in relation to

the relevant application;

(d) shall be subject to such other terms and conditions as

the Commissioner may deem fit to attach to such

licence.

(2) Subject to the other provisions of this Act, a licence issued

under this Act may be renewed from year to year on the expiration

of its validity and on the payment of such fee as may be prescribed.

(3)

The issue of a licence under this Part shall in no way be

PRIVATE GUARDS AND COMMUNITY OFFICERS

deemed to vest any right or privilege to the holder thereof to do any

thing, of whatever nature, in relation to third parties or their

property which such person did not have the right to do prior to the

promulgation of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) A private guard at a place of entertainment shall have

the power to prevent any person from entering that place of

entertainment if the person is known to have caused disturbance at

the said or other premises, including through violent behaviour or

harassment of other persons. Entry may also be denied to any

person who refuses to produce an identification document on

request, or who appears manifestly intent on causing disturbance or

to a person who appears violent on account of intoxication.

(2) Where a person causes disturbance within a place of

entertainment by displaying violent behaviour, the private guard at

the place of entertainment shall take such measures as necessary to

notify the Police immediately and shall have the power to detain

such person until the arrival of a Police officer.

(3) Where a person harasses any other person at a place of

entertainment, the private guard at the place of entertainment shall

notify the Police immediately and shall have the power to escort

that person outside the premises, or to detain such person until the

arrival of a Police officer.

(4) In giving effect to the provisions of sub-articles (1), (2) and

(3) the private guard at the place of entertainment may exercise

minimum force only where the person fails to comply without

physical restraint.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) A specialised private guard may deny entry to any

person who fails to produce, on request, an identification or to any

person who is causing or whom he reasonably suspects will cause

disturbance.

(2) A specialised private guard shall have the power to carry

out a search on any person entering the premises being guarded for

any arms proper, or objects similar to weapons of any description,

or any other object that may be used for defensive or offensive

purposes and where the said private guard discovers any such arm

proper or object he shall immediately notify the Police and shall

withhold the object and detain the person until the arrival of a

Police officer.

(3) Where a person threatens any other person at the premises

being guarded, or carries or displays any arm proper or any object

that may be perceived as an arm proper or as any other object that

may be used for defensive or offensive purposes, or causes a

disturbance in any other way whatsoever, a specialised private

guard shall have the power to immediately seize any such object as

aforesaid and shall detain the person until the arrival of a Police

officer. Whenever a person is detained the specialised private guard

shall notify the Police immediately.

(4) A specialised private guard engaged in the guarding of

money or property in transit, or of any such place where loading or

PRIVATE GUARDS AND COMMUNITY OFFICERS

unloading of such money or property is taking place, may detain

any person in the area of operation who displays threatening,

abusive or violent behaviour, or who displays any arm proper, any

object that may be perceived as an arm proper or any other object

that may be used for defensive or offensive purposes. Such person

shall be detained until the arrival of a Police officer. Whenever a

person is detained the specialised private guard shall notify the

Police immediately.

(5) In giving effect to the provisions of sub-articles (1), (2), (3)

and (4) the specialised private guard may exercise minimum force

only where the person fails to comply without physical restraint.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Where the holder of a licence does not conform to any

term or condition under which the licence has been issued or where

such circumstances arise which could have justified the refusal of

an application for such licence, the Commissioner may either

withdraw or suspend such licence.

(2) Where a licence has been withdrawn or suspended the

Commissioner may grant a new licence or withdraw the suspension

where the circumstances giving rise to the withdrawal or

suspension have been removed or no longer exist.

(3) The provisions of article 11(3) shall mutatis mutandis apply

to a submission made to the Minister under sub-article (3).

PART III

Community Officers Services

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No person shall act as a community officers’ agency or as a

community officer or offer his services as such unless such person is

licensed in accordance with the provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No person shall employ, engage or permit the use of

community officers’ services unless such services are provided by a

community officers’ agency or by a community officer, as the case

may be, licensed in accordance with the provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No community officers’ agency shall provide any person for

duties in, or connected with, community officers’ services unless such

person is licensed as a community officer in accordance with the

provisions of this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Subject to the provisions contained in this Part the

provisions of articles 6, 7, 8, 9, 10, 11, 12(1)(b), (c) and (d) and 13

shall apply mutatis mutandis in relation to a licence for a

community officers’ agency or for a community officer in the same

way as they apply to an application for a licence for a private guard

agency or for a private guard, as the case may require.

(2) An application for a licence for a community officers’

agency or for a community officer shall be accompanied by such fee

as may be prescribed.

PRIVATE GUARDS AND COMMUNITY OFFICERS

(3) A licence issued by the Commissioner of Police may be

revoked or suspended by a Disciplinary Board made up of three

persons appointed by the Minister responsible for Local

Government for a period of three years to hear and decide on

misconduct or abuse of power of community officers according to

regulations published by the same Minister which the termination

of appointment of the members of the Board, the procedures before

the Board, the functions of the Board and ancillary matters.

(4) A person shall not be qualified to be appointed or to hold

office as a member of the Board if he

(a)

is a member of the House of Representatives; or

(b)

is a member or an official of a Local Council, or

(c)

is a Judge or a Magistrate; or

(d)

is legally incapacitated; or

(e)

has been declared bankrupt or has made a composition

or arrangement with his creditors; or

(f) has been convicted of a crime affecting public trust or

theft or fraud or of knowingly receiving property

obtained by theft or fraud; or

(g) 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.

(5)

The Board shall have the following functions

(a) to expeditiously inquire into and report on any matter

regarding the misconduct or abuse of power of

community officers;

(b) to inquire and report on any complaint made to it in

writing by a community officer against treatment which

the community officer deems prejudicial or

discriminatory

Provided that the Minister may from time to time add to or

revise the functions of the Board by means of regulations.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) A community officer shall have the power to stop any

person, whom he suspects to have committed any breach of any

bye-laws, for the purpose of identifying such person and taking his

particulars, but may not detain any person except as provided in the

following sub-article.

(2) A community officer may detain any person for the purpose

of taking him before a Police officer or until the arrival of a Police

officer, where such person refuses to stop and give his particulars

or for the purpose of preventing such person from committing a

breach of any bye-laws where such person has been warned to

desist and has not desisted voluntarily.

(3) Any person who refuses to give, or untruthfully gives to

any community officer in the exercise of his duties, his name,

surname, address and other particulars that may be lawfully

required shall be guilty of a contravention and shall on conviction

PRIVATE GUARDS AND COMMUNITY OFFICERS

be liable to a fine (ammenda) of fifty-eight euro and twenty-three

cents (58.23).

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) No person shall in any way assault or resist by

violence any community officer in the execution of his duties under

this Act.

(2) Saving any higher punishment to which he may be liable

under any other law any person who contravenes the provisions of

this article shall be guilty of an offence and shall be liable on

conviction to imprisonment for a term of one to six months

Provided that no punishment shall be awarded for the mere

act of assault or resistance against any person who, although he

shall have attempted to commence, or shall have actually

commenced to act, shall at the first warning given by the person

assaulted or to whom resistance is offered, or by any public

authority, desist from the further commission of the crime.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

A plain clothes community officer shall only be entitled to

enforce the provisions of legislation listed in the Schedule, which

schedule may be amended by virtue of a notice made by the

Minister.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

The provisions of articles 112, 113, 114, 115 and 119 of the

Criminal Code shall apply to a community officer.

PART IV

General

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Every person licensed under this Act shall for as long

as he is so licensed be covered by an indemnity insurance, in such

manner and for such amount as may be prescribed against any

liability which such person may incur for compensation in respect

of any loss or damage that any other person may suffer as a result

of any act done or omitted to be done by the person aforementioned

or by any of his employees in the carrying out of any services

provided under a licence issued in accordance with the provisions

of this Act. Such insurance shall be made by the employer if the

person licensed is an employee.

(2) Every person bound to be covered by an indemnity

insurance under this article shall each year within a week of taking

out or renewing such indemnity insurance inform the

Commissioner in writing of the insurance company and the relative

number of the insurance policy.

(3) For the purposes of this article every person bound to be

covered by an indemnity insurance shall, together with the

information required under sub-article (2), submit a list of persons,

if any, employed with him.

(4) Any changes to the list of employees submitted under the

provisions of sub-article (3) shall be notified to the Commissioner

within one week from the occurrence of any such change.

PRIVATE GUARDS AND COMMUNITY OFFICERS

(5) Any person who fails to comply with any of the provisions

of this article shall be deemed to operate without the licence

required under this Act.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

(1) Every person licensed as a community officer, shall,

while on duty and only during such time, or while travelling to or

from his turn of duty, wear such distinguishable uniforms and other

identity and, or, distinctive badges or marks as approved by the

Commissioner.

(2) Every person licensed as a private guard, licensed as a

specialised private guard or a private guard at a place of

entertainment shall carry such identity card or document as shall be

prescribed and shall wear such distinctive uniform and other

identity and, or, distinctive badges or marks as may be prescribed.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

No person shall provide courses for the provision of

academic, training and other qualifications that may be required for

a person to obtain or hold a licence as a private guard, a specialised

private guard or a private guard at a place of entertainment or as a

community officer, unless the said courses have been approved by

the Commissioner.

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

The Minister may make regulations for the purpose of

carrying into effect the provisions of this Act, and may, without

prejudice to the generality of the foregoing, by such regulations

prescribe -

(a) fees payable under this Act or for any services under

or pursuant to this Act, and different fees may be so

prescribed for different services or for different

licences under this Act;

(b) the forms to be used for any of the purposes under this

Act;

(c) the academic, training and other qualifications that

may be necessary for the granting or holding of a

licence under this Act;

(d) for the approval of courses to provide academic,

training and other qualifications necessary for the

granting of a licence under this Act;

(e) standards and conditions to be met for the provision of

services under this Act, and for the reporting of

measures adopted in order to comply with such

standards and conditions;

(f) anything that may or is to be prescribed under this Act

Provided that in the case of regulations made in relation to

community officers, community officers’ services or community

officers’ agencies, such regulations shall be made with the

concurrence of the Minister responsible for local government.

PRIVATE GUARDS AND COMMUNITY OFFICERS

Laws of Malta — Chapter 389 — PRIVATE GUARDS AND COMMUNITY OFFICERS ACT

Any person -

(a) who operates a private guard agency or a community

officers’ agency in contravention of any of the

provisions of this Act or of any licence issued

thereunder or acts in breach of the provisions of article

23, shall be guilty of an offence and shall be liable on

conviction, to a fine (multa) not exceeding twenty-

three thousand and two hundred and ninety-three euro

and seventy-three cents (23,293.73) and to

imprisonment for a term not exceeding one year or to

both such fine and imprisonment;

(b) who acts or is employed as a private guard, a

specialised private guard or a private guard at a place

of entertainment or as a community officer in

contravention of any of the provisions of this Act or of

any licence issued thereunder shall be guilty of an

offence and shall be liable, on conviction, to a fine

(multa) not exceeding four thousand and six hundred

and fifty-eight euro and seventy-five cents (4,658.75)

and to imprisonment for a term not exceeding six

months or to both such fine and imprisonment;

(c) who employs, engages or permits the use of private

guard services, specialised private guard services, the

services of private guards at a place of entertainment

or of community officers’ services in contravention of

article 4 or article 15 or otherwise is in breach of any

provision of this Act other than those to which

paragraphs (a) and (b) hereof apply shall be guilty of

an offence and shall be liable, on conviction, to a fine

(multa) not exceeding one thousand and two hundred

euro (1,200);

(d) who, being a private guard at a place of entertainment

or a specialised private guard, exercises excessive use

of force or in any other way abuses of the powers

conferred upon him under this Act, shall be liable, on

conviction, to a fine (multa) not exceeding two

thousand euro (2,000) or to imprisonment for a term

not exceeding twelve months or to both such fine and

imprisonment.

PRIVATE GUARDS AND COMMUNITY OFFICERS

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