Police Act (Cap. 164), article 108A

108A. (1) Any inquiry, complaint, proceedings or other procedures which have hitherto been filed, instituted or follow ed before the Police Board prior to the entry into force of this A ct which were valid at the time when such inquiry, complaint, proceeding s 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 B oard and to the enforcement of such order and decision. (3) The provisions of this Act shall apply to any procedures th at were pending before the Police Bo ard and which on the date of e ntry into force of this Act were still pending and have not been fin ally concluded. (4) All causes which were pending before the Police Board shall be continued before the Independe nt Police Complaints Board. FIRST SCHEDULE (Article 14) Oath of office of Police Officers "I ............... ......... solemnly swear/affir m 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 *(1) The Police Act, 1961, (hereinafter referred to as "the repe aled Act") is hereby repealed, without prejudice to any thing done or omitted to be d one thereunder. (2) Notwithstanding the provisions of sub-article (1), any order , rule, regulation, bye-law, notice or other instrument having the force of law mad e under the authority of the repealed Act sha ll continue in force and shall continue to have effect as if made under this Act and may be amended, substitute d or revoked accordingly. POLICE ACT [CAP. 164. 37 Amended by: LVII.2021.13. SECOND SCHEDULE (Article 24) OFFENCES AGAINST DISCIPLINE Discreditable conduct. 1. Discreditable conduct, that is t o say, if a member of the For ce - (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 admi nistration 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 o rders 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 disc ipline; 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. Insubordinate or oppressive conduct. 2. Insubordinate or oppressive conduct, that is to say if a memb er 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 me mber of the Force; or 38 [CAP. 164. POLICE ACT (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. Disobedience to orders. 3. Disobedience to orders, that is to say, if a member of the Forc e - (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 h is whole time to the Police service without the necessary authorization. Neglect of duty. 4. Neglect of duty, that is to sa y, 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) f a i l s t o w o r k h i s b e a t i n accordance with orders or leaves his beat, point, or ot her place of duty to which he has been ordered, with out due permission or sufficient cause; or (d) by carelessness or neglect per mits a prisoner to escape; or (e) fails, when knowing where any offender is to be found, t o r e p o r t t h e s a m e , o r t o m a k e d u e e x e r t i o n s f o r 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 o n b e h a l f o f t h e C o m m i s s i o n e r o r o f t h e C h i e f Government Medical Officer, or, while absent from duty on account of sicknes s, is guilty of any act or conduct calculated to retard his return to duty. Falsehood or prevarication. 5. Falsehood or prevarication, that is to say, if a member of th e 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 POLICE ACT [CAP. 164. 39 inaccurate statement; or (c) without good and sufficient cause destroys or mutilates any official documen t or record, or alte rs or erases any entry therein. Breach of confidence. Amended by: L.N. 292 of 2020. 6. Breach of confidence, that is t o say, if a member of the Forc e - (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 specifi c 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. Corrupt practice.7. Corrupt practice, that is to sa y, 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 solic its or receives any gratuity, present, subscription or testimonial, without the consent of the Commissioner; or (d) places himself under pec uniary obligation to any competent authority, or any person who holds a licence 40 [CAP. 164. POLICE ACT 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 For ce for his pr ivate advantage; or (f) in his capacity as a member o f the Force, writes, signs or gives, without the sanction of the Commissioner, any testimonial of charact er or other recommendation with the object of obtaining employment for any person or of supporting an ap plication of any kind; or (g) without the sanction of the Commissioner, supports an application for th e grant of a licen ce of any kind; or (h) without good and sufficient cause, is or becomes subject to pecuniary embarrassment. Unlawful or unnecessary exercise of authority. 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 pri soner 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. Malingering. 9. Malingering, that is to say, if a member of the Force feigns or exaggerates any sickness or inju ry with a view to evading duty. Absence without leave. 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. Uncleanliness. 11. Uncleanliness, that is to say, if a member of the Force whil e 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, clothi ng or equipment. Damage to clothing, etc. 12. Damage to clothing or other articles supplied, that is to sa y, 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. Drunkenness. 13. Drunkenness, that is to say, if a member of the Force while on or off duty, is unfit for duty through drink. Drinking on duty. 14. Drinking on duty or soliciting drink, that is to say, if a m ember of the Force - (a) without the consent of his superior officer, drinks, or receives from any other perso n, any intoxicating liquor while he is on duty; or (b) demands, or endeavours to persuade any other person to give him, or to purchas e or obtain for him, any intoxicating liquor while he is on duty. POLICE ACT [CAP. 164. 41 Entering licensed premises. 15. Entering licensed premises, that is to say, if without permi ssion 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 h is presence there is not required in the execution of his duty; or (b) any such premises in uniform while off duty. Lending money, etc. 16. Lending, borrowing or accepting presents, that is to say, if a member of the Force lends money to any superior in rank or borr ows money or accepts any present from any inferior in rank. Criminal conviction. 17. Conviction for a criminal offence, that is to say, if a memb er of the Force has been found guilty by a court of law of a criminal offence. Accomplice in offence. 18. Being an accomplice in a disciplinary offence, that is to sa y, if a member of the Force connives at, or knowingly co mmits an act of complicity in, any offence against discipline. Conduct prejudicial to good order. 1 9 . B r e a c h o f o r d e r , t h a t i s t o s a y , i f a m e m b e r o f t h e F o r c e conducts himself, by act or omis sion, in any manner prejudicial to good order or discipline, or otherwise unbecoming a member of t he Force, and not elsewhere pr ovided for in this Schedule. Interpretation.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 th e Police, or held under a lawf ul warrant or order. THIRD SCHEDULE (Article 38) CODE OF PRACTICE FOR INTERROGATION OF ARRESTED PERSONS General RulesThis Code of Practice is to be accessible for consultation in a ll Police Stations, and in all places where interviews are normall y 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 no t be given when such person is not capable of understanding it, or i s violent in behaviour, or is in need of ur gent medical care; however, su ch 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 an d evidence in favour and against the person interviewed for the purpose of arraigning such person before a Court of Law, if sufficient evi dence exists. 2. Importance of statements 42 [CAP. 164. POLICE ACT 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, thro w doubt on the validity of the statement; and because of the statement' s importance as proof, our Courts are strict and meticulous in th e criteria they have adopted to ensure that a statement is made in conform ity with article 658 of the Criminal Code, that is to say the state ment is made "voluntarily and not extorted or obtained by means of thre ats 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 unde r Police control, except when there are s erious reasons indicating that this would seriously prejudice the investigations. 4. Caution The person subject to the questio ning has the right to refuse t o 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: "Y ou 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 th e provisions of the Criminal Code the caution shall be as follows : "Y ou do not have to say anything unless you wish to do so, but what you say may be given in evidence; however, should you refu se to say anything or omit to state so me fact, a rule of inference am ounting to corroborative evidence may be drawn by the Court or any othe r adjudicator if during the trial you will put forward any defenc e based on a fact which you did not sta te during interrogation". PROCEDURES FOR QUESTIONING 5. Identification of police officers The person conducting the interrogation and all other persons present shall identify themselv es to the person being interroga ted. 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 POLICE ACT [CAP. 164. 43 When, after the caution is given, the person being interviewed decides to make a statement, a record should be kept of the fol lowing: the place where the statement is taken, the time the interrogat ion 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 investi gated. 8. Procedure for drafting of statement As far as possible, the statement should contain the exact word s used by the suspected person, without using "official" vocabula ry. Where circumstances so indicate the suspected person should be allowed to write his own stateme nt, and this fact shall be regi stered 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 interviewe d intends to write his own statement. Do not forget that even if the statement is not signed, this ma y still be produced as evidence; however, the reason adduced by t he 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 c annot or refuses to read the statement, the statement shall be read to t he suspected person. Following this, the suspected person shall be asked to sign it at the end and initial every page as well as any fur ther statement which he decides to make. 10. Signing of Statement by Police The interrogating officer shall si gn the statement at the end, preferably below the signature, if any, of the person being que stioned; the officer, and any other person assisting him shall sign a de claration to the effect that the statement has been read out to the perso n concerned who was also allo wed 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 w hen the person being questioned is given any food or drink. Any req uest made by the arrested perso n during questioning shall be registered in writing and such requ est shall form part of the custody records of the detainee. 44 [CAP. 164. POLICE ACT 12. Rule against questioning during night A person should only be questione d during the night when this is indispensable for the investigation or avoids prolonging the period of arrest. Sufficient time shall elapse between one interview a nd another to allow such person to rest. Questioning shall not pro ceed when the person detained is so f atigued that his powers of voli tion and comprehension are impaired. 13. Periods of rest In any period of 24 hours, the arre sted person shall be allowed a continuous rest period of at le ast 8 hours, uninterrupted by an y questioning, travel or interruption caused by the investigation . As a rule, this period shall be during the night. This period of res t shall not be interrupted or postponed unless there are valid reasons indi cating that if there is no such interruption or postponement: (a) there would be a serious ris k of injury to persons, or damage to or substantial loss of property; (b) the period of arrest woul d 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 refreshme nt shall also be provided at i ntervals of approximately two hours, subject to the interviewing officer ’s discretion to delay a break if th ere 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 pers on’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 alre ady 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 i s not prejudicial to the investigation , these persons should be inter viewed in the presence of one of the paren ts, or their tutor, or in the p resence of any other person, not being a member of the Police Force, who i s 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 wor ker. POLICE ACT [CAP. 164. 45 Youths and children attending school or other educational institutions, should not, as far as possible, be arrested, or i nterviewed, at school. Where it is found esse ntial to conduct the interview at school, this should be done in the presence of th e 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 carri es 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 a llegations of ill-treatment. Therefore, (a) the person being interrogate d 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 su ch 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 deta inees and must take special car e with particularly timid or frail persons that nothing is done that p uts 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 w h i c h r a i s e s a d o u b t a s t o w h e t h e r t h e p e r s o n c a n understand the questions put to him, or which makes the person likely to be especially open to suggestion, the officer should take par ticular care in putting questions and accepting the r eliability 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, w ho is of the same sex as the person being interviewed, e.g. the person who has 46 [CAP. 164. POLICE ACT 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 presen t 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 re ason for believing that the per son is sick or deaf. The investigating offi cers shall not proceed to an int erview without the prior intervention a nd certification of a medical practitioner, as to the suitab ility of conducting the interroga tion. 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 of ficer 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 wit h 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- obser vance nullifies the voluntariness of the statement. However, discipli nary POLICE ACT [CAP. 164. 47 proceedings may be instituted aga inst persons who do not observ e 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 pers ons of any improper treatment d uring their arrest. Consequently, the observance of these rules not o nly improves the image of the Police Force in the eyes of the publi c, but also ensures less problems for the Police to prove, in due cour se, the validity of statements mad e by arrested persons. FOURTH SCHEDULE [Article 101] POLICE PENSIONS REGULATIONS, 1990 General Regulations Citation.1. The title of these regulations is the Police Pensions Regulations, 1990. Pensions to whom and at what rates to be granted. Amended by: L.N. 10 of 2024; L.N. 281 of 2024. 2. (1) Subject to the provisions of the Malta Police Act, hereinafter called the Act, and of these regulations, every Pol ice officer, who has been in the For ce 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 desc ribed in article 125 of the A ct. (2) For the purposes of these regulations, the term ‘Police offi cer’ 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 th e 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 fo rce upon successful completion of the said course, for the purposes of p ension 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) y ears 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 coun ted on a ratio of 1:0.5 to be considered on a notional basis for the p urpose of 48 [CAP. 164. POLICE ACT salary scale and for the purpose of joining the Force as a sworn officer. Service to be unbroken. 3. The service in respect of whic h a pension may be granted must be unbroken, except in cases whe re the service has been interru pted by abolition of office or other tem porary 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 subseque nt 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 Poli ce officer, having resigned from the Force, is subsequently recalled in the Force with the approval of the Pr ime Minister on account of the exigencies of the Force, and such recall is certified by the Prime Minister. Emoluments to be taken for computing pension. 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 of ficer 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 transfer s, otherwise than by the grant of any scale increments, the fu ll annual pensionable emoluments enjoyed by him at the date of his retirement in respect of th e 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 th ree 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 wit hin 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, a nd had received all scale POLICE ACT [CAP. 164. 49 increments which, in the opinion of the Prime Minister would have been granted to him, the annual pensionable emoluments which would have been so enjoye d shall be taken. (2) For the purpose of determining under sub-regulation (1) the pensionable emoluments that a Police officer has enjoyed or wou ld have enjoyed, as th e case may be, he shall be deemed - (a) to have been on duty on full pensionable emoluments throughout the period of t hree 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 peri od of less than three years’ pensionable service be fore 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 pen sionable 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) w h e r e s u c h o f f i c e r w o u l d h a v e b u t f o r h i s d i s m i s s a l completed 25 year s’ 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 year s’ service, or on which he died, whi chever is the earlier, and his pensionable emoluments to be taken into consideration shall be those which he would have been receivi ng on such date had he not been so 50 [CAP. 164. POLICE ACT dismissed. Computation of pensions. 5. (1) For the purpose of computing the amount of a Police officer’s pension the following periods shall be taken into acc ount 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 y ears’ service, or the day on which such Police officer wou ld 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 off icer’s total service in order to arrive at his period of pensionable s ervice. (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 publi c interest", and the term "dismisse d" shall be construed accordin gly. Acting service. 6. Where an officer has performed acting service in a pensionabl e office in the Force, the period of such service may be taken in to account as pensionable se rvice 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 s ubstantive capacity in the Force. Abolition or reorganization of office. 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 effici ency and economy can be effected, h e may be granted a pension: Provided, however, that if he has been in Force for less than t he qualifying period of ten years, h e may be granted a pension cal culated in accordance with regulation 2 a s if there had been no qualify ing 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: POLICE ACT [CAP. 164. 51 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-empl oyed, a pension may be granted to him free from the above-mentioned condition. Rates of pension when offices are abolished. 8. A police officer whose office is abolished may be granted an increase of his pension at the rat e 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 cas e 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. Officers retiring on account of injuries. 9. Where a police officer has sustained a physical injury on dut y 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 t he first proviso t o paragraph 123(e), such officer shall be entitled to pensionable emoluments as if he had completed the 25 years’ service. Pension to widows of officers, killed in the discharge of duty. 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 la w, 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 par tner 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 pen sionable 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 52 [CAP. 164. POLICE ACT the police officer subject to the retention of a state of dependency:     Cap. 569. Provided that the pensionable emoluments granted to the child or children as provided in paragraph (b) shall be equally divid ed and, in the case of minors, entrusted to their legal guardian as def ined in the Child Protection (Alternative Care) Act . Good conduct required. 11. (1) Pensions, computed at th e rates before mentioned, shall only be granted in case of decide dly faithful and meritorious s ervice. (2) Where the fidelity and diligen ce of the officer fall short o f the first degree of merit the comput ation may be made at lower rate s. Cross-border payments. 12. Pensions, gratuities and allo wances payable under these regulations shall also be payable to the person entitled theret o in other Member States of the European Community net of any taxes and transaction charges in accordance with Article 5 of Council Dir ective 98/49/EC of the 29th June, 1998 on safeguarding the supplementa ry pension rights of employed and se lf-employed persons moving wit hin the Community. Information to persons entitled to a pension, gratuity or allowance. 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 informatio n as to his rights under regulation 12. Increase in pensionable emoluments. Added by: L.N. 312 of 2023. Amended by: L.N. 124 of 2024; L.N. 271 of 2024; L.N. 14 of 2025. 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 there under, an officer who has comp leted 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 entit led 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 pe riod of service for the purposes of the said payment shall not exceed a maximum of four (4) years of service. POLICE ACT [CAP. 164. 53     Cap. 318. (4) Without prejudice to sub-regulation (3), the officer shall be granted a gratuity on a pro rata basis if a full year o r y e a r s o f additional service ha ve 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.            S.L. Const.07. (6) Where an officer who has completed twenty-five (25) years of service with the Force, has also satisfied the conditi ons set out in regulation 11 and opts to continue to serve with the Force t hereafter, the said officer shall be entitled to the pension payable upon the completion of twenty-five (25) years of service, notwithstandin g any event which may occur during the period subsequent to the compl etion of the said twenty-five (25) years of service and which may giv e rise to the applicability of the provisions of regulation 11 of this Sc hedule 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 add itional 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 s aid twenty-five (25) years of service. Pensionable emoluments to surviving spouse or partner. Added by: L.N. 312 of 2023. Cap. 318. 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 w idows pension shall be equival ent to the proportion indicated in the T welfth Schedule to the Social Security Act, equivalent to two-thirds of the basic salary of the office r on his death or on his retirement, as applicable:    Cap. 530. 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 lea st ten (10) years: 54 [CAP. 164. POLICE ACT 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 th e coming into force of these regulations.