Police Act (Cap. 164), article 35

35. (1) There shall be an Independent Police Complaints Board composed of three members, one of whom shall be the Chairperson , appointed by the President of Malta acting on the advice of the Minister. (2) The members shall hold office for a period of three years fr om the 1st January of the year for which they are appointed and ma y be re- appointed. (3) The Chairperson of the Board shall be a retired Judge or Magistrate. No person shall be q ualified to be appointed as, or remain, a member of the Board if he is a public officer, or a member, o fficer or servant of any body corporate or established by law, or a servi ng Judge or Magistrate or a member of the House of Representatives or a member of a Local Council. (4) If any vacancy in the Board occurs during the term of appointment, on account of death, resignation, or for any other cause, the President shall, as soon as practicable, appoint another pe rson to fill the vacancy and the person so appointed, shall remain in o ffice for the remainder of the term of office of his predecessor: Provided that, the Board shall continue to act notwithstanding any such vacancy. (5) A member of the Board may be removed from office by the President acting on the advice of the Minister on the ground of inability to discharge the functions of his office, whether ari sing from infirmity of mind or body or any other cause or for misbehaviou r. (5A) (a) There shall be such number of chambers of the Board a s the Minister may prescribe. (b) Where there is more than one chamber of the Board, cases shall be assigned to the various chambers in accordance with su ch rules as the Minis ter may prescribe. 16 [CAP. 164. POLICE ACT (c) Each chamber of the Boar d 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 referenc e therein to the Board were a reference to a chamber of the Board. (6) The Independent Police Complaints Board shall be supported by a Legal Office and the nece ssary administrative staff. (7) The Independent Police Complaints Board shall have the power to: (a) summon witnesses who shall be heard on oath; (b) administer an oath to any witness and to any person concerned in the investigation of the complaint and require them to give evidence. (8) Summonses for attendance of witnesses may be in such form as may be decided by the Independent Police Complaints Board. (9) A summons may be served either by hand or by post. Where it is served by hand, it shall be s ufficient to prove service by e vidence that the summons was left with a person over the age of sixteen years at the place of residence or of business of the person summoned and if served by post, it shall be sufficient to prove service by evid ence that the summons was properly addressed and posted. (10) Any person summoned as aforesaid who refuses, or without sufficient cause fails, to atten d at the time and place mention ed in the summons, or refuses, without sufficient cause, to answer or to answer fully and satisfactorily, to the best of his knowledge and beli ef, all questions put to him by or with the concurrence of the Independent Police Complaints Board , or refuses or fails, without sufficient cause, to produce any document he was r equired to produce by or with t he concurrence of the Independent Police Complaints Board , shall be liable on conviction to a fine ( multa) not exceeding two hundred and fifty euro (€250) or to imprisonment not exceeding one month or to both such fine and imprisonment: Provided that, without prejudice to the generality of the provisions of sub-article (7)( b), no person giving evidence before the Independent Police Complaints Board may be compelled to answer any question which tends to expose him to any criminal prosecutions , and every such person shall, in resp ect of any evidence given by hi m before the Independent Police Complaints Board , be entitled to the same privileges to which a witness giving evidence before a cou rt of law is entitled. (11) No proceedings shall be commenced in respect of any offence against sub-article (10) without the concurrence of the Attorne y General. POLICE ACT [CAP. 164. 17 Functions of the Independent Police Complaints Board. Amended by: XIII.2018.27; XXI of 2020; XXIV.2020.2.