Police Act (Cap. 164)
Police Act (Cap. 164), article 34A
34A. (1) There shall be a Police Disciplinary Appeals Board
composed of three members, one o f whom shall be the Chairperson
appointed by the President of Ma lta acting on the advice of the Cabinet
of Ministers.
(2) The Chairperson of the Board shall be a person who has
practised as an advocate in Malta for a period or periods amoun ting, in
the aggregate, to not less than seven years. The other members of the
Board shall be retired public officers.
(3) The members of the Board shall hold office for a period of
three years and shall be e ligible for reappointment.
(4) Persons appointed as members of the Board shall hold office
until their successors are appointed.
(5) The President of Malta acting on the advice of the Cabinet of
Ministers may also appoint a substitute chairperson and substitute
members of the Board to sit on th e Board whenever the chairpers on or
members or any one of them is for some valid reason unable
temporarily to attend and partic ipate in the sittings of the Bo ard:
Provided that, as far as practic able, the same chairperson
and the same members shall hear and conc lude the same case.
(6) ( a) There shall be such a number of chambers of the Board
as the Minister may prescribe.
(b) Where there is more than o ne chamber of the Board,
cases shall be assigned to the various chambers in accordance w ith
such rules as the Mini ster may prescribe.
(c) Each chamber of the Board shall be composed of a
chairperson and two other members as provided in sub-articles (1) to
(3), which together with all the other provisions of this Act o ther
than this sub-article shall apply with respect to each chamber as if
reference therein to the Board were a reference to a chamber of the
Board.
(7) If any vacancy in the Board occurs during the term of
appointment, on account of death, resignation, or for any other cause,
the President of Malta shall, as soon as practicable, appoint another
person to fill the vacancy and the person so appointed shall re main in
office for the remainder of the t erm of office of his predecess or:
Provided that the Board shall continue to act
notwithstanding any such vacancy.
(8) A member of the Board shall be removed from office by the
President of Malta acting on the advice of the Cabinet of Ministers on
14 [CAP. 164. POLICE ACT
the ground of inability to discharge the functions of his offic e, whether
arising from infirmity of mind or body or any other cause or fo r
misbehaviour.
(9) The Board shall have a Secretary who shall be appointed by t he
Minister.
Appeals from
decisions of the
Commissioner of
Police.
Added by:
LVII.2021.11.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.