MT
PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) REGULATIONS
Table of Provisions (6)
Statutory Text (6 Articles)
(TRANSITORY PROVISIONS)
SUBSIDIARY LEGISLATION 90.01
PROSECUTION OF OFFENCES (TRANSITORY
PROVISIONS) REGULATIONS
1st October, 2020
LEGAL NOTICE 378 of 2020, as amended by Legal Notices 367 of
2021, 241 of 2022 and 225 of 2023 and 192 of 2024.
The title of these regulations is the Prosecution of
Offences (Transitory Provisions) Regulations.
Powers of the Attorney General to prosecute
1. The Attorney General shall have the power to decide
whether a prosecution is or is not to be instituted in the following
categories of offences when the charges are to be filed in the Court of
Magistrates as a court of criminal judicature or in the Court of
Magistrates as a Court of criminal inquiry on or after the 1 st October
2020
(a)
Genocide, Crimes against Humanity and War
Crimes under Title I of Part II of Book First of the Criminal
Code;
(b)
Crimes Against the Safety of the Government
under Title I Bis of Part II of Book First of the Criminal Code;
(c)
Acts of terrorism, Funding of Terrorism and
Ancillary Offences under Sub-Title IVA of Title IX of Part II of
Book First of the Criminal Code;
(d)
Wilful Homicide under Sub-Title I of Title VIII of
Part II of Book First of the Criminal Code;
(e)
Unlawful Exaction, Extortion, Bribery, Embracery
and Corruption, Trading in Influence, and Accounting Offences
under Sub-title IV of Title III of Part II of Book First of the
Criminal Code;
(f)
Crimes of money laundering under article 3 of the
Prevention of Money Laundering Act except where such crimes
are prosecuted together with crimes against the Dangerous
Drugs Ordinance or the Medical and Kindred Professions
Ordinance;
(g)
Cases of fraud and misappropriation where the
financial loss caused is of at least fifty thousand euro (€50, 000);
(h)
Cases of evasion of customs, excise or other
import duty where the duty evaded amounts to at least five
hundred thousand euro (€500, 000);
(i)
Attempts or conspiracy to commit or complicity in
the offences mentioned in paragraphs (a), (b), (c), (d), (e), (f),
(g) or (h) above.
1A. The Attorney General shall have the power to decide
whether a prosecution shall or shall not be instituted in the following
categories of offences when the charges are to be filed in the Court of
Magistrates as a court of criminal judicature or in the Court of
(TRANSITORY PROVISIONS)
Magistrates as a Court of criminal inquiry on or after the 1 st October
2021
(a)
traffic of Persons under sub-title VIII Bis of Title
VIII of Part II of Book First of the Criminal Code;
(b)
piracy under sub-title IVB of Title IX of Part II of
Book First of the Criminal Code;
(c)
rape, abduction, defilement of minors and
instigation, encouragement or facilitation of defilement of
minors under sub-title II of Title VII of Part II of Book First of
the Criminal Code;
(d)
causing or permitting an elderly or a dependent
adult to suffer under circumstances likely to produce grievous
bodily harm or death; grievous bodily harm followed by death;
offences relating to crimes against property and public safety
under sub-title XI of Title VIII of Part II of Book First of the
Criminal Code;
(e)
computer misuse under sub-title V of Title IX of
Part II of Book First of the Criminal Code;
(f)
wilful damage or destruction of cultural property
under article 70 of the Cultural Heritage Act;
(g)
endangering safety at airports under article 8 of
the Airports and Civil Aviation (Security) Act;
(h)
attempts or conspiracy to commit or complicity in
the offences mentioned in paragraphs (a), (b), (c), (d), (e), (f)
and (g) above.
Powers not to prejudice the exercise of other powers granted
by law
1B. The Attorney General shall have the power to decide
whether a prosecution shall or shall not be instituted in the following
categories of offences when the charges are to be filed in the Court of
Magistrates as a court of criminal judicature or in the Court of
Magistrates as a court of criminal inquiry on or after the 1 st October
2022
(a)
forgery of Government debentures, forgery of
Government, judicial or official acts and counterfeiting of the
public seal of Malta under sub-title I of Title V of Part II of
Book First of the Criminal Code;
(TRANSITORY PROVISIONS)
(b)
forgery of acts by public officer under sub-title II
of Title V of Part II of Book First of the Criminal Code and
forgery or uttering of currency under sub-title III of Title V of
Part II of Book First of the Criminal Code;
(c)
prostituting of descendant under age by ascendant,
of spouse under age or of minor by husband or wife or tutor, of
descendant or spouse of age, by ascendant or husband or wife
under sub-title I of Title VII of Part II of Book First of the
Criminal Code;
(d)
instigation with violence of persons under age to
prostitution or to participate in a pornographic performance,
inducing persons under age to prostitution or to participation in
a pornographic performance, participation in sexual activities
with persons under the age of sixteen (16) years, unlawful
sexual activities, compelling or inducing a person of age to
prostitution, non-consensual act of a sexual nature, meeting a
child following sexual grooming etc., advertisement of sexual
tourism under sub-title II of Title VII of Part II of Book First of
the Criminal Code;
(e)
female genital mutilation, enforced sterilization,
forced marriage, luring of a person to the territory of another
State to marry forcefully under sub-title IX of Title VIII of Part
II of Book First of the Criminal Code;
(f)
causing explosion likely to endanger life or
property, discharge etc. of lethal device, possession, use etc. of
nuclear material, use of radioactive material, lethal device or
nuclear facility with intent to cause death, unlawful possession
of radioactive material or making or possession of a lethal
device, setting on fire of arsenals, etc., arson endangering life,
arson to the common danger, arson without danger of life, arson
of vineyards, etc., destruction by the springing of a mine,
exhibition of false lights, etc., with danger to navigation and
setting on fire of one’s own property under sub-title IV of Title
IX of Part II of Book First of the Criminal Code;
(g)
illicit importation of radioactive waste under
article 39 of the Nuclear Safety and Radiation Protection Act;
(h)
attempt or conspiracy to commit or complicity in
the offences mentioned in paragraphs (a), (b), (c), (d), (e), (f)
and (g) above.
1C. The Attorney General shall have the power to decide
whether a prosecution is or is not to be instituted in the following
categories of offences when the charges are to be filed in the Court of
Magistrates as a court of criminal judicature or in the Court of
(TRANSITORY PROVISIONS)
Magistrates as a Court of criminal inquiry on or after the 1 st October
2023
(a)
grievous bodily harm; grievous bodily harm with
arms proper; other cases of grievous bodily harm; grievous
bodily harm from which death ensues under sub-title II of Title
VIII of Part II of Book First of the Criminal Code;
(b)
involuntary homicide; involuntary homicide in the
course of theft or attempted theft under sub-title IV of Title VIII
of Part II of Book First of the Criminal Code;
(c)
infanticide under sub-title VIII of Title VIII of
Part II of Book First of the Criminal Code;
(d)
stalking involving fear of violence, serious alarm
or distress under sub-title IX of Title VIII of Part II of Book
First of the Criminal Code;
(e)
aggravated theft under sub-title I of Title IX of
Part II of Book First of the Criminal Code;
(f)
offences against the National Interest (Enabling
Powers) Act;
(g)
offences against the Fisheries Conservation and
Management Act;
(h)
attempts or conspiracy to commit or complicity in
the offences mentioned in paragraphs (a), (b), (c), (d), (e), (f)
and (g) above.
1D. The Attorney General shall have the power to decide
whether a prosecution is or is not to be instituted in the following
categories of offences when the charges are to be filed in the Court of
Magistrates as a court of criminal judicature or in the Court of
Magistrates as a Court of criminal inquiry on or after the 1 st October
2024
(a)
offences against the Medical and Kindred
Professions Ordinance, where the Attorney General
directed that the offences may be prosecuted before
the Criminal Court or the Court of Magistrates as a
court of criminal judicature, provided that the
offence shall not fall within the original jurisdiction
of the Court of Magistrates as a court of criminal
judicature;
(b)
offences against the Dangerous Drugs Ordinance
where the Attorney General directed that the
(TRANSITORY PROVISIONS)
offences may be prosecuted before the Criminal
Court or the Court of Magistrates as a court of
criminal judicature, provided that the offence shall
not fall within the original jurisdiction of the Court
of Magistrates as a court of criminal judicature;
(c)
offences of money laundering as provided for in
article 3 of the Prevention of Money Laundering Act
including where such offences are prosecuted
together with offences against the Dangerous Drugs
Ordinance or the Medical and Kindred Professions
Ordinance;
(d)
attempts, conspiracy to commit or complicity in
the offences provided for in paragraphs (a), (b) and (c).
2. Nothing in this Schedule shall be interpreted
(a)
as excluding the Commissioner of Police or any
other public authority having prosecution powers under any
other law from exercising or from continuing to exercise the
said powers after the coming into force of this Schedule; or
(b)
as giving rise to any defect in the proceedings
(i)
in cases where such powers are exercised
after the coming into force of this Schedule or where
proceedings commenced before the coming into force of
this Schedule are continued in the name of the
Commissioner of Police or of any other public authority
having prosecution powers after the said coming into
force; or
(ii)
where it results that the amount of financial
loss or evasion of any tax or duty does not reach or
exceeds the minimum threshold established under
paragraphs (g) or (h) of item 1.
(1)
The powers and functions of the Attorney General
as provided under article 3 of the Attorney General Ordinance shall
insofar as they refer to the power to institute and conduct prosecutions
before the Court of Magistrates either as a court of criminal judicature
or as a court of criminal inquiry apply in respect of the crimes listed in
the Schedule.
(2)
Without prejudice to paragraph (f) of item 1 of the
Schedule, the powers and functions referred to in sub-regulation (1)
shall also apply to any crime charged together with a crime listed in
the Schedule.
(3)
The powers and functions referred to in sub-regulation
(1) shall be subject to being delegated in full or in part by the Attorney
General, by general or special direction, to the Commissioner of Police
or to another public authority having prosecution powers. In the
exercise of the said functions in relation to the conduct of prosecutions
the Attorney General may also, in the absence of delegation, obtain the
assistance of the Commissioner of Police or of such other public
authority having prosecution powers.
(4)
In prosecutions conducted by the Attorney General
before the Court of Magistrates, the following functions shall be
executed by the Executive Police
(a)
the service of charges in terms of articles 358 and
360 of the Criminal Code;
(b)
the execution of warrants and orders of arrest or
search in terms of article 359 of the Criminal Code;
(c)
the service of subpoenae of witnesses in terms of
article 365 of the Criminal Code and the service of any other
acts which the prosecution is required to serve on any person;
(d)
the execution of judgments and orders in terms of
article 366 of the Criminal Code.
(TRANSITORY PROVISIONS)
(1)
Without prejudice to the provisions of item 2, the
Executive Police shall not on or after the 1 st October 2020 institute or
pursue any prosecution for the crimes listed in item 1 in the absence
of a decision to prosecute having been taken by the Attorney General.
(2)
Without prejudice to the provisions of item 2, the
Executive Police shall not on or after the 1 st October 2021 institute or
pursue any prosecution for the crimes listed in item 1A in the absence
of a decision to prosecute having been taken by the Attorney General.
(3)
Without prejudice to the provisions of item 2, the
Executive Police shall not on or after the 1 st October 2022 institute or
pursue any prosecution for the crimes listed in item 1B in the absence
(TRANSITORY PROVISIONS)
of a decision to prosecute having been taken by the Attorney
General.
(4)
Without prejudice to the provisions of item 2, the
Executive Police shall not on or after the 1 st October 2023 institute or
pursue any prosecution for the crimes listed in item 1C in the absence
of a decision to prosecute having been taken by the Attorney
General.
(5)
Without prejudice to the provisions of item 2, the
Executive Police shall not on or after the 1 st October 2024 institute or
pursue any prosecution for the offences listed in item 1D in the
absence of a decision to prosecute having been taken by the Attorney
General.
In this Schedule any reference to an offence provided in
the Criminal Code or in any other law shall, unless the context
otherwise requires, be read and construed as an indication of that
offence through a reference to the marginal note of the article which
prescribes it and any discrepancy between the marginal note and the
content of the article shall have no effect on the inclusion in this
Schedule of the offence as described in the actual text of the relative
article.