Legislation
Police Act (Cap. 164)
- Art. 2(1) In this Act, unless the context otherwise requires: Cap. 9. "appropriate consent" shall have t he same m
- Art. 3There shall continue to be a po lice force known as the Police Force. Objectives.4. The main objectives of the
- Art. 5(1) The Government shall be responsible for the strategic direction of the Force. (2) There shall be a Police
- Art. 6(1) There shall be a Commissioner of Police, hereinafter referred to as "the Commissioner" , who shall be comm
- Art. 7(Deleted by Act LVII.2021.6 ). TITLE II APPOINTMENTS AND CONDITIONS Appointments. 8. (1) Notwithstanding any o
- Art. 9(1) The Minister may by regulations establish the conditions by virtue of which reserve constables may be enga
- Art. 11(1) Every police officer shall be deemed to be a police officer at all times and shall devote all his time to
- Art. 12Every member of the Force shall be assigned duties in accordance with competence, skills, knowledge, experienc
- Art. 13(1) Every member of the Force shall undergo continuous professional development and undertake such training an
- Art. 16It shall be lawful for the Prime Minister on the recommendation of the Public Service Commission to remove fro
- Art. 17When any police officer shall cease to hold and exercise his office, he shall forthw ith return all articl es
- Art. 21Any person who gives false evid ence on oath before a person duly empowered by law to administer on oath, shal
- Art. 22(1) Disciplinary proceedings shall be regulated according to article 110 of the Constitution. (2) Where any po
- Art. 23(1)There shall be a Disciplinary Board, appointed upon the request of the Commissioner, which shall be made up
- Art. 24(1) Any member of the Force who commits any of the offences set out in the Second S chedule shall be charged w
- Art. 25(1) The Commissioner may collect the evidence personally or may authorise the disciplinary board to collect th
- Art. 26In proceedings before the Commissioner or disciplinary board under article 23 - (a) an officer higher in rank
- Art. 27( 1 ) T h e o f f i c e r c h a r g e d m a y s u m m o n w i t n e s s e s o n h i s o w n behalf and may cro
- Art. 29The Commissioner may adopt the recommendation or reform it, either by dismissing the case and acquitting the o
- Art. 30Any disciplinary proceedings taken against a member of the Force shall be without prejudice to any proceedings
- Art. 31In proceedings before the Commissi oner the following penalties may be awarded: (a) a fine not exceeding seven
- Art. 32(1) In case of serious offenc es, the following penalties may be awarded: (a) dismissal; or (b) requirement to
- Art. 34Without prejudice to the provisions of the Ġieħ ir-Repubblika Act, an offence against discipline dealt with by
- Art. 34A(1) There shall be a Police Disciplinary Appeals Board composed of three members, one o f whom shall be the Ch
- Art. 34B(1) A member of the Force shall have a right of appeal to the Police Disciplinary Appeals Board in accordance
- Art. 34CA penalty imposed by the Commissioner of Police shall not be put into effect before the la pse of at least ten
- Art. 35(1) There shall be an Independent Police Complaints Board composed of three members, one of whom shall be the
- Art. 36(1) The the Independent Police Complaints Board shall have the following functions: (a) to expeditiously inqui
- Art. 37(1) In this Title the words "Internal Audit and Investigations Unit" mean that internal departme nt within the
- Art. 39The Minister may make regulations providing for a code of practice for the audio-recording on tape or for the
- Art. 41A person may become entitled to benefit under the programme if that person - (a) is a victim o f a crime; or (
- Art. 42With respect to a person entitled to be admitted to the programme under article 41( b) or ( c) the programme s
- Art. 43(1) Notwithstanding the provisions of any other law, where the court considers it necessary for the protection
- Art. 44In deciding whether to recomme nd the admission of a witness into the programme under article 41( b) or (c), t
- Art. 45(1) Where the Commissioner is of the opinion that a person qualifies for admission to the programme, he shall
- Art. 46(1) A protected witness who took part in the fact which constitutes a crime for which others are being or are
- Art. 47The period of prescription in respect of the criminal action against the protected witness ar ising from the f
- Art. 48The programme may provide for such protection to the life and property of a witness admitted to the programme
- Art. 49The Minister responsible for t he Police may enter into agreements with fore ign governments providing for ass
- Art. 50(1) The Attorney General may, at any time, either ex officio or on an application by the Commis sioner, revoke
- Art. 51The Attorney General may also revoke a person’s protected witness status granted under article 41( a) where it
- Art. 52A request by a person to be cons idered a protected witness may be made to the Attorney General, who shall dec
- Art. 53The benefits under this Act or under any regulations made thereunder shall not apply to a p erson who results
- Art. 54A witness protection programme may also be extended to a witness in any criminal proceedings in respect of a c
- Art. 55(1) Any minor, or victim of a sexual offence, or vulnerable victim or witness shall have the said interview an
- Art. 56(1) Notwithstanding the other provisions of this Title, where the Commissioner is of the opinion that the iden
- Art. 57The investigating officer with the assistance of such competen t persons as may be neces sary and with the app
- Art. 58Any person may, within one year from the date of his acquittal by a final judgment of a court, demand that all
- Art. 59(1) The demand mentioned in article 58 shall be made by application to a Magistrate. (2) If the demand is allo
- Art. 60A demand as provided in article 58 may also be made by a perso n who has been arrested but not charged. In suc
- Art. 61Where the person acquitted or the person arrested but not charged, as the case may be, fails to apply to a Mag
- Art. 64The custody officer or an officer performing the functions of a custody officer according to law shall – (a) r
- Art. 66(1) When a detained person is transferred to another place of detention, the responsibility for the welfare of
- Art. 67(1) The custody officer shall personally review with the investigating officer the continued detention of the
- Art. 68The custody officer shall keep a register in which shall be recorded such personal details as to enable the id
- Art. 69(1) The custody officer shall keep a written record of everything in the possession of t he person arrested wh
- Art. 71Saving the special provisions of any other law allowing interference by the Police with the enjoyment of priva
- Art. 74Any person from whose possession any item of property has been seized by the Police in the course of an invest
- Art. 74AAny victim who makes contact with the Executive Police shall be promptly provided with a Letter of Victims’ Ri
- Art. 76The use of force is a remedy of last resort and shall only be used for the duration that is st rictly necessar
- Art. 82(1) The Minister responsible for the Police may make regulations for the better carrying out of the provisions
- Art. 83(1) The Commissioner may, subject to the provisions of this Act and to any regulations made by the Minister re
- Art. 86It shall be an offence against discipline for a police officer to charge a person before the courts with an of
- Art. 87(1) No police officer shall give any details to the press or the broadcasting media regarding the identity of
- Art. 88Notwithstanding the provisions of article 87, the Police may, i n the interests of public safety and security,
- Art. 89(1) Any violation of the provisi ons of article 87 shall be deemed an offence against discipline. (2) The use
- Art. 90(1) The police officer in charge of a division shall hold regular meetings at suitable int ervals with represe
- Art. 91(1) The Commissioner may hold an inquiry into any matter concerning the administration of t he Force which he
- Art. 92The Police may, directly or through regional or international police organisations, co-operate with any state
- Art. 93(1) The Commissioner may authorize the competent authorities of a Member State of the European Union (hereinaf
- Art. 94The Minister may, after consulting with the Commissioner and with the consent of the seconding Member State: (
- Art. 95(1) The Commissioner may authorize seconded officers to wear their national uniform. (2) Seconded officers sha
- Art. 96Any seconded officer taking part in any of the operations referred to in article 93 shall, for the purpose of
- Art. 97For the purposes of articles 93 to 96, both inclusive, "seconde d officers" shall be construed as including of
- Art. 98(1) The Force may make use of animals in the performance of certain operations and in ceremonial functions. (2
- Art. 99(1) Where under this Act anything falls to be decided by a Magistrate, such a decision shall be by a decree wh
- Art. 99AThe provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance w
- Art. 100All persons who at the time of commencement of the Malta Police Ordinance were serving as police officers shal
- Art. 101(1) It shall be lawful for the Minister responsible for the Police, with the concurrence of the Minister respo
- Art. 103(1) No pension shall be granted to any police officer except on his retirement from the Force in any one of th
- Art. 108A(1) Any inquiry, complaint, proceedings or other procedures which have hitherto been filed, instituted or foll
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