VICTIMS OF CRIME ACT

VICTIMS OF CRIME

CHAPTER 539

VICTIMS OF CRIME ACT

To make provision for the rights, support and protection of victims, and

for matters connected therewith or incidental thereto.

2nd April, 2015

ACT IX of 2015 ,as amended by Acts XIII of 2018 and XLII of 2018,

XVII of 2021 and L of 2021.

Part I - Of Victims of Crime

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

In this Act, unless the context otherwise requires

"family members" means the spouse, the person who is living

with the victim in a committed intimate relationship, in a joint

household and on a stable and continuous basis, the relatives in

direct line, the siblings and the dependents of the victim;

"Minister" means the Minister responsible for the welfare of

victims of crime;

"Ministry" means the Ministry responsible for the welfare of

victims of crime;

"minor" means a person of either sex who has not yet attained the

age of eighteen years;

"restorative justice" means any process whereby the victim and

the offender are enabled, if they freely consent, to participate

actively in the resolution of matters arising from the criminal

offence through the help of an impartial third party;

"victim" means

(a) a natural person who has suffered harm, including

physical, mental or emotional harm or economic loss

which was directly caused by a criminal offence

including harm from terrorist activities;

(b) family members of a person whose death was directly

caused by a criminal offence and who have suffered

harm as a result of that person’s death.

(c) minors who are witnesses to forms of violence.

(1) In relations with any competent authority in the context

of criminal proceedings, all communications between the said

authority and any victim shall be conducted in simple and

accessible language, orally or in writing. Such communications

shall take into account the personal characteristics of the victim

including any disability which may affect the ability to understand

or to be understood.

(2) Unless contrary to the interests of the victim or unless the

course of proceedings would be prejudiced, a victim may be

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accompanied by a person of his choice in the first contact with a

competent authority where, due to the impact of the crime, the

victim requires assistance to understand or to be understood.

The following information shall be offered to an injured

party, without unnecessary delay and as may be applicable, from

his first contact with a competent authority in order to enable him

to access the following rights set out in Directive 2012/29/EU of

the European Parliament and of the Council of 25 October 2012

establishing minimum standards on the rights, support and

protection of victims of crime, and replacing Council Framework

Decision 2001/220/JHA

(a) the type of support which can be obtained and from

whom, including, where relevant, basic information

about access to medical support, any specialist

support, including psychological support, and

alternative accommodation;

(b) the procedures for making complaints with regard to a

criminal offence and the victim’s role in connection

with such procedures;

(c) how and under what conditions the victim can obtain

protection, including protection measures;

(d) how and under what conditions the victim can access

legal advice, legal aid and any other sort of advice;

(e) how and under what conditions the victim can access

compensation;

(f) how and under what conditions the victim is entitled to

interpretation and translation;

(g) if the victim is resident in a Member State other than

that where the criminal offence was committed, any

special measures, procedures or arrangements, which

are available to protect his interests in Malta;

(h) the available procedures for making complaints where

the victim’s rights are not respected by the competent

authority operating within the context of criminal

proceedings;

(i) the contact details for communications about the

victim’s case;

(j) the available restorative justice services;

(k) how and under what conditions expenses incurred as a

result of the victim’s participation in the criminal

proceedings can be reimbursed.

(1) Where a complaint is made by the victim in terms of

article 546 of the Criminal Code, the Executive Police shall deliver

to the victim a written acknowledgement of his complaint stating

the basic elements of the criminal offence concerned.

(2) It shall be lawful for a victim, who requests to make a

complaint with regard to a criminal offence and who does not

understand or speak Maltese or English, to make the complaint in a

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language that he understands or by receiving the necessary

linguistic assistance of an interpreter.

(3) A victim who does not understand or speak Maltese or

English shall, if he so requests, receive a translation into a language

he understands, which translation shall be free of charge, of the

written acknowledgement of the complaint referred to in sub-article

(1).

(1) A victim shall be notified without unnecessary delay of

his right to receive the following information about the criminal

proceedings instituted as a result of the complaint made by him and

upon request, the victim shall receive information on

(a) any decision not to proceed with or to end an

investigation or not to prosecute the offender;

(b) the time and place of the trial, and the nature of the

charges against the offender;

(c) any final judgement in a trial;

(d) information enabling the victim to know about the

state of the criminal proceedings, unless in exceptional

cases the proper handling of the case may be adversely

affected by such notification

Provided that in the circumstances cited in paragraphs (a)

and (c) and unless in the case of a verdict in a trial by jury or where

prohibited by law, the information shall include reasons or a brief

summary of reasons for the decision concerned

Provided further that it shall not be necessary to furnish

such information in cases where the victim, as injured party, has

been served with the notice of first hearing or admitted into the

proceedings as provided in article 410(4) and (5) of the Criminal

Code.

(2) A victim shall be offered the opportunity to be notified,

without unnecessary delay, when the person remanded in custody,

prosecuted or sentenced for criminal offences concerning the said

victim is released from or has escaped detention and of any relevant

measures issued for his protection in case of release or escape of

the offender.

(3) A victim shall, upon request, receive the information

provided for in sub-article (2) at least in cases where there is a

danger or an identified risk of harm to him, unless there is an

identified risk of harm to the offender which would result from the

notification.

(4)

During criminal investigations

(a) interviews of victims shall be conducted without

unjustified delay after the complaint with regard to a

criminal offence has been made to the Executive

Police;

(b) the number of interviews of victims is kept to a

minimum and interviews are carried out only where

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strictly necessary for the purposes of the criminal

investigation;

(c) victims may be accompanied by their legal

representative and a person of their choice, unless the

victims would have refused such representation, in an

explicit manner and in writing, or unless a reasoned

decision has been made to the contrary by the investigating

Police Officers, wheresoever they are of the opinion that

the person chosen may create conflict of interest in the

investigation;

(d) medical examinations are kept to a minimum and are

carried out only where strictly necessary for the

purposes of the criminal proceedings.

(1) Where the injured party does not understand the

language in which the criminal proceedings are conducted or any

evidence is adduced, such proceedings or evidence shall be

interpreted to him either by the court or by a sworn interpreter.

(2) An injured party who does not understand or speak the

language of the court shall, upon request, be provided with

translations of information essential to the exercise of his rights in

the criminal proceedings in a language he understands, free of

charge, to the extent that such information is made available to the

injured party.

(3) Translations of the information cited in sub-article (2) shall

include at least any decision ending the criminal proceedings, and

upon the injured party’s request, reasons or a brief summary of

reasons for such decision, except in the case of a verdict in a trial

by jury.

(4) Saving the provisions of articles 410(4) to (6), 414(1) and

421(1) of the Criminal Code, an injured party who is entitled to

information about the time and place of the trial in accordance with

article 6(1)(b) and who does not understand the language of the

court shall, upon request, be provided with a translation of the

information to which he is entitled.

(5) An injured party may submit a reasoned request to consider

a document as essential although there shall be no requirement to

translate passages of essential documents which are not relevant for

the purpose of enabling the injured party to actively participate in

the criminal proceedings.

(6) Notwithstanding the provisions of sub-articles (1) and (2),

an oral translation or oral summary of essential documents may be

provided instead of a written translation on condition that such oral

translation or oral summary does not prejudice the fairness of the

proceedings.

(7) The court shall assess whether victims need interpretation or

translation as provided for under sub-articles (1) and (2). Victims may

challenge the court’s decision not to provide interpretation or

translation.

The injured party shall be notified of any decision by the

Executive Police not to institute proceedings against the offender

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without unnecessary delay. Such notification shall at least contain

the reasons on which the decision not to institute proceedings was

taken

Provided that the disclosure of such information would not

be contrary to the public policy or the internal public law of Malta

or if the ends of justice would be prejudiced if such disclosure is

made.

Restorative justice measures provided for under the

Restorative Justice Act or under any other law shall be exercised

subject to the following conditions

(a) the restorative justice services are used only if they are

in the interest of the victim, subject to any safety

considerations, and are based on the victim’s free and

informed consent, which may be withdrawn at any

time;

(b) before agreeing to participate in the restorative justice

process, the victim is provided with full and unbiased

information about that process and the potential

outcomes as well as information about the procedures

for supervising the implementation of any agreement;

(c) the offender has acknowledged the basic facts of the

case;

(d) any agreement is arrived at voluntarily and may be

taken into account in any further criminal proceedings;

(e) discussions in restorative justice processes that are not

conducted in public are confidential and shall not be

subsequently disclosed, except with the agreement of

the parties or as may be required by law due to an

overriding public interest.

Where the victim wishes to avail himself of the benefit of

legal aid, the provisions of article 570 of the Criminal Code shall

mutatis mutandis apply

Provided that, for the purpose of such proceedings, any

reference in those provisions to the accused shall be construed as being a

reference to the victim

Provided further that the severity and circumstances of the

offence shall be taken into consideration when granting legal aid to the

victim.

Without prejudice to the Criminal Injuries Compensation

Scheme Regulations, victims who participate in criminal proceedings

shall have the possibility to be reimbursed for the expenses incurred as

a result of their active participation in criminal proceedings, in

accordance with their role in the relevant criminal proceedings. The

conditions or procedural rules under which victims may be reimbursed

shall be determined by the Minister responsible for justice.

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The Ministry or any other entity or agency which the Minister

may designate for that purpose shall take during the criminal

proceedings appropriate measures to protect the privacy, including

personal characteristics of the victim taken into account in the

individual assessment provided for under article 12, and images of

victims and of their family members.

(1) A victim of a criminal offence committed in another

Member State and who resides in Malta, if unable to file a

complaint in that Member State, may file a complaint in terms of

article 546 of the Criminal Code.

(2) A complaint filed under this article shall be transmitted by

the Executive Police without unnecessary delay to the competent

authority of the Member State in which the criminal offence was

committed, unless proceedings would have been instituted by the

Executive Police.

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

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

immediately after the complaint with regard to the criminal offence

is made.

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

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

provisions on video conferencing and telephone conference calls laid

down in the Convention on Mutual Assistance in Criminal Matters

between the Member States of the European Union of 29 May 2000 (1)

for the purpose of hearing victims who are resident abroad.

The Ministry or any other entity or agency which the

Minister may designate for the purpose shall make provision

(a) to ensure that victims receive a timely and individual

assessment, in accordance with this Act, and to

determine whether and to what extent they would

benefit from special measures in this Act due to their

particular vulnerability. The victim may request to be

interviewed by a person of the same sex;

(b) for the timely and individual assessment of victims

who suffered from severe crimes, including crimes

committed with a bias or discriminatory motive which

could in particular, be related to their particular

characteristics, and victims whose relationship to and

dependence on the offender make them particularly

vulnerable such as

(i)

minors;

(ii) victims of terrorism;

(iii) victims of organised crime;

(iv) victims of human trafficking;

(v) victims of gender-based violence;

(vi) victims of violence in a close relationship;

(vii) victims of sexual violence;

(viii) victims of exploitation or hate crime; and

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(ix)

victims with disabilities

Provided that the individual assessment shall, in particular,

take into account the personal characteristics of the victim, the type

or nature of the crime and the circumstances of the crime;

(c) for victim support services, as long as necessary, which

shall, as a minimum, provide

(i)

information, advice and support relevant to the

rights of victims including on accessing national

compensation schemes for criminal injuries, and

on their role in criminal proceedings including

preparation for attendance at the trial;

(ii) information about or direct referral to any

relevant specialist support services in place;

(iii) emotional and, where available, psychological

support;

(iv) advice relating to financial and practical issues

arising from the crime;

(v) unless otherwise provided by other public or

private services, advice relating to the risk and

prevention

of

secondary

and

repeat

victimisation, of intimidation and of retaliation;

(vi) immediate medical treatment in accordance with

the national healthcare system for as long as

such treatment is necessary;

(vii) protection measures, paying particular attention

to the risk of intimidation and retaliation and the

need to protect the dignity and physical

integrity, including during questioning and when

testifying;

(viii) shelters or any other appropriate interim

accommodation for victims in need of a safe

place due to an imminent risk of secondary and

repeat victimisation, of intimidation and of

retaliation; and

(ix) targeted and integrated support for victims with

specific needs, such as victims of sexual

violence, victims of gender-based violence and

victims of violence in close relationships,

including trauma support and counselling;

(d) for the close involvement of the victim in the carrying

out of individual assessments which shall take into

account the wishes of the victims as to whether they do

not wish to benefit from the special measures provided

for in this Act;

(e) for updating of the elements that form the basis of the

individual assessment throughout the criminal

proceedings.

(1) Victim support services provided under article 12

shall, in assessing the specific needs of victims who have suffered

considerable harm due to the severity of the crime and in

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accordance with their needs, provide such services in a confidential

manner and free of charge. It shall be the duty of any service

designated to provide victim support to act in the interests of the

victims before, during and for an appropriate time after criminal

proceedings

Provided that family members shall have access to victim

support services as provided in article 12 in accordance with their

needs and the degree of harm suffered as a result of the criminal

offence committed against the victim

Provided that the victim as defined in article 2 and residing

within the territory of Malta, shall be given all the assistance and

support as provided under this article even though the offence was

committed in another Member State of the European Union.

(2) Upon receiving a complaint by a person that the said person

is a victim of a crime, any authority shall, upon becoming aware of

this fact and without any undue delay, refer the victim to victim

support services.

(3) Where necessary, victim support services shall include free

of charge, easily accessible and confidential specialist support

services and nothing shall preclude victim support organisations to

call on existing specialised entities providing such specialist

support. Victims shall have access to such services in accordance

with their specific needs and family members shall have access in

accordance with their specific needs and the degree of harm

suffered as a result of the criminal offence committed against the

victim.

(4) Access to any victim support service as provided under this

Act shall not be dependent on a victim making a formal complaint

with regard to a criminal offence to a competent authority.

Where a victim is identified as a minor and

(a) the holders of parental responsibility are precluded

from representing the said minor as a result of a

conflict of interest between the said holders and the

minor; or

(b) where the minor is unaccompanied or separated from

the family; or

(c) there is, or there may be, a conflict of interest between

the minor and the holders of parental responsibility,

the Court shall, ex officio, or upon a request by the prosecution or

upon an application by any person, appoint a child advocate in

terms of the Code of Organization and Civil Procedure or an

advocate for legal aid, to represent the interests of the minor, and

the provisions of article 10 shall apply.

(2) A child advocate appointed in terms of the Code of

Organization and Civil Procedure or an advocate for legal aid, as

the case may be, may be appointed in any case if the Court

considers that this is in the best interests of the minor.

(3) Where the age of the victim is uncertain and there are

reasons to believe that the victim is a minor, the victim shall for

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purposes of this Act be presumed, saving proof to the contrary, to

be a minor.

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

specific protection needs due to his vulnerability to secondary and

repeat victimisation, to intimidation and to retaliation. To determine

whether and to what extent they would benefit from special measures

as provided for under this Act, child victims shall be subject to an

individual assessment as provided for in article 12.

(1) Where a victim is identified as a minor, the Court shall,

upon the request by the prosecution or upon an application by any

person, appoint a support person, in terms of the Code of

Organization and Civil Procedure, to assist the minor throughout

the entire court proceedings, as well as for a suitable period of time

following the conclusion of the court proceedings, as may be

necessary

Provided that in the absence of any such request the court

may order such appointment ex officio, as appropriate

Provided further that the Court shall in the appointment of

a support person take into consideration the gender of the minor.

(2) For the purposes of this article, the term "support person"

refers to a specially trained expert in family and child matters.

(3)

The functions of the support person shall include, inter

alia

(a) guiding and assisting the minor in a sensitive manner

during the judicial proceedings, and if necessary, after

the justice process;

(b) the provision of general emotional support to the

minor;

(c) advising the Court as to whether therapy or

counselling is necessary both during and after the

judicial process;

(d) liaising with the minor’s parents or legal guardians,

family members, and advocate, as appropriate;

(e) informing the minor about the proceedings at Court

and discuss, in a sensitive manner, his role during the

proceedings;

(f) advising or requesting the Court on the issuing of

protection orders both during and after the judicial

process, as appropriate;

(g) monitoring the adherence to Court orders by

perpetrators following the conclusion of the judicial

proceedings;

(h) monitoring the relationship between the minor and the

perpetrators, both during and after the judicial process,

as appropriate;

(i) liaising with the appropriate agencies and, or

professionals to ensure that the necessary counselling

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and, or treatment is provided, as appropriate;

(j) advising or requesting the Court to issue any special

measures as may be necessary in the minor’s best

interest.

(1)Without prejudice to the locus standi and rights of the

injured party, the provisions of Title II of Part III of the Police Act and to

the rights of the defence and by virtue of judicial discretion, victims with

specific protection needs who benefit from special measures identified

as a result of an individual assessment provided for in article 12, may

benefit from the measures provided for in this Act. A special measure

envisaged following the individual assessment shall not be made

available if operational or practical constraints make this impossible, or

where there is a an urgent need to interview the victim and failure to do

so could harm the victim or another person or could prejudice the course

of the proceedings.

(2) The following measures shall be available during criminal

investigations to victims with specific protection needs identified

in accordance with article 12

(a) interviews with the victim being carried out in

premises designed or adapted for that purpose;

(b) interviews with the victim being carried out by or

through professionals trained for that purpose;

(c) all interviews with the victim being conducted by the

same persons unless this is contrary to the good

administration of justice;

(d) all interviews with victims of sexual violence, gender-

based violence or violence in close relationships,

unless conducted by a prosecutor or a person presiding

the Court, to be conducted by a person of the same sex

as the victim, if the victim so wishes

Provided that the course of the criminal proceedings will

not be prejudiced.

Part II - Of Victims of Trafficking in Persons

(1) A victim of an offence of trafficking in persons as

defined under articles 248A to 248F, both inclusive, of the Criminal

Code, as soon as he is identified as such, shall be entitled to receive

assistance and support before, during and for an appropriate period

of time after the conclusion of criminal proceedings in order to

enable him to exercise the rights set out in the Directive and

Framework Decision

Provided that such assistance and support shall not be

conditional on the victim’s willingness to cooperate in the

investigation or criminal proceedings.

(2)

For purposes of this article

(a) the Framework Decision shall mean the Council

Framework Decision 2001/220/JHA of 15 March 2001

on the standing of victims in criminal proceedings;

(b) the Directive shall mean the Directive 2011/36/EU of

the European Parliament and of the Council of 5 April

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2011 on preventing and combating trafficking in

human beings and protecting its victims, and replacing

Council Framework Decision 2002/629/JHA.

(3) The assistance and support measures referred to in this

article shall be provided on a consensual and informed basis, and

shall include at least standards of living capable of ensuring

victims’ subsistence through measures such as the provision of

appropriate and safe accommodation and material assistance, as

well as necessary medical treatment including psychological

assistance, counselling and information, and translation and

interpretation services where appropriate

Provided that the information shall cover, where relevant,

information on a reflection and recovery period pursuant to

Directive 2004/81/EC, and information on the possibility of

granting international protection pursuant to Council Directive

2004/83/EC of 29 April 2004 on minimum standards for the

qualification and status of third country nationals or stateless

persons as refugees or as persons who otherwise need international

protection and the content of the protection granted and Council

Directive 2005/85/EC of 1 December 2005 on minimum standards

on procedures in Member States for granting and withdrawing

refugee status or pursuant to other international instruments or

other similar national rules.

(1) Without prejudice to the provisions of article 10, a

victim of trafficking in persons shall, without delay, have access to

legal advice.

(2) Where the victim does not possess sufficient financial

resources to afford such advice this service shall be afforded free of

charge by the advocate for legal aid.

(1) An advocate appointed in the interests of a minor in

terms of The Civil Court (Family Section), The First Hall of the Civil

Court and The Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) Regulations shall assist and represent the interests of

a minor who is a victim of trafficking in persons.

(2) In cases where the age of the person cannot be determined

with certainty and there are reasons to believe that the person is a

minor, that person shall be presumed to be a minor and shall be

entitled to receive immediate access to assistance, support and

protection in accordance with article 18.

(1) Where a victim of trafficking in persons is an

unaccompanied minor, a care order shall be issued in terms of the

Children and Young Persons (Care Orders) Act to ensure that the

minor is afforded all the assistance, protection and support in terms of

the Directive.

(2) For purposes of this article "the Directive" shall have the

same meaning assigned to it under article 15.

Part III - Regulations

The Minister may -

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(a) by regulations prescribe, subject to the provisions of

this Act, for any matter which may be prescribed under

this Act; and

(b) make regulations generally for the purpose of giving

full effect to this Act and to the provisions of Directive

2012/29/EU of the European Parliament and of the

Council of 25 October 2012.