Police Act (Cap. 164)

Police Act (Cap. 164), article 37

Official PDF on legislation.mt

37. (1) In this Title the words "Internal Audit and Investigations Unit" mean that internal departme nt within the Police Force, en trusted with the internal supervision of the workings of the Force in o rder to ensure its accountability. (2) The Internal Audit and Investigations Unit shall be set up with in the Force to check processes and internal procedures as well as to investigate any complaint on pol ice officers made against by me mbers of the public or by one member of the Force. (3) Upon receipt of a complaint, the Internal Audit and Investigations Unit shall, as soon as possible, inform the Independent Police Complaints Board. (4) The Internal Audit and Inves tigations Unit shall, as soon as may be, after concluding an investigation on a complaint, trans mit a report and recommendations thereof to the Independent Police Complaints Board . A copy of the report and, or recommendation is to be forwarded to the Commissioner of Police. PART III Investigations TITLE I CODES OF PRACTICE AND INTERVIEWS Codes of practice. 38. (1) The Minister may by regulations issue codes of practice in connection with - (a) the exercise by police offi cers of statutory powers - (i) to search a person without first arresting him; (ii) to search a vehicle without making an arrest; (b) the detention, treatment, questioning and identification of persons by police officers; (c) searches of premises b y police officers; and POLICE ACT [CAP. 164. 19 (d) the seizure of property found by police officers on persons or premises. (2) The Code of Practice for the Interrogation of Arrested Perso ns in the Third Schedule shall be deemed to be a Code of Practice issued by the Minister under the provisions of this article and may at any time be amended, repealed or substituted accordingly. (3) A police officer who fails to comply with any provision of a code of practice issued under this article shall be liable to d isciplinary proceedings for an offence against discipline. (4) A failure on the part of a police officer to comply with any provision of such a code shall not of itself render him liable to any criminal or civil proceedings. (5) In all criminal and civil proceedings any such code shall be admissible in evidence; and if any provision of such a code app ears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings, it shall be taken into acc ount in determining that question. Tape-recording and video-recording of interviews.

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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.