Police Act (Cap. 164), article 46

46. (1) A protected witness who took part in the fact which constitutes a crime for which others are being or are to be pro secuted, shall not be prosecuted for any crime arising from the same fac t before the proceedings in which he is or will be a witness shall have become res judicata: Provided that no objection to the c o m p e t e n c e o f a p r o t e c t e d witness shall be admitted on the ground that the said witness w as either charged with the same offence in respect of which his de position is required or that he is liable to be prosecuted in the future in respect of the said offence or of a related offence. (2) In criminal proceedings instituted against a protected witne ss for any crime arising from the same fact on which the protected witness would have given evidence, the court shall take into du e account the fact that the protected witness gave evidence again st any principal or accomplice in such manner as it deems appropriate and the POLICE ACT [CAP. 164. 21 punishment of such protected witness may be mitigated or remitt ed and the court shall e xpressly refer to the provisions of this a rticle in its judgement.         Cap. 16. (3) In any civil proceedings instituted against a protected witn ess based on the fact that the said witness was the perpetrator or was an accomplice in the crime on which he tendered evidence, the cour t shall, if it finds that the protected witness is responsible fo r the payment of damages, only hold him liable for such part of the d amage as he may have caused and shall, notwithstanding the provisions of articles 1049, 1050 and 1051A of the Civil Code or of any other law, hold him not liable jointly and severally with others: Provided that the exemption from joint and several liability provided for in this sub-article shall not apply in the case of damages resulting from wilful homicide or from grievous bodily harm. (4) Notwithstanding the provision s of sub-article (2), where in criminal proceedings as provided for in sub-article (1) institu ted against a protected witness - (a) the prosecution declares in the records of the proceedings that the accused has tendered evidence on facts constituting a criminal offence liable to a punishment of imprisonment of more than one year which has helped the police to apprehend the person or persons who committed the said criminal offence; or (b) the protected witness proves to the satisfaction of the court that his evidence has so helped the police, the punishment for such crime shall be diminished as regards imprisonment by one or two degrees and as regards any pecuniary penalty by one-third or one-half: Provided that the court may, if it considers that the circumstances of the case so merit, after hearing all the evide nce and after convicting the protected witness, either further reduce t he punishment or exempt the protected witness from punishment completely: Provided further that, when it applies the above proviso to exempt the protected witness from punishment completely, the co urt shall make a report to the President of Malta stating the reaso ns for its action and shall expressly refer to the provisions of this arti cle in its report. Suspension of prescription.