Police Act (Cap. 164)
Police Act (Cap. 164), article 37
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be amended, repealed or substituted accordingly.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.
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.