Police Act (Cap. 164)

Police Act (Cap. 164), article 56

Official PDF on legislation.mt

56. (1) Notwithstanding the other provisions of this Title, where the Commissioner is of the opinion that the identity of a perso n merits to be protected, in circumstances where such person is willing to give the Police reliable in formation and docume nts relating to the commission of a crime consisting of an improper practice as def ined in the Protection of the Whistleblower Act , which information and documents constitute reliable evid ence which can be used in cri minal proceedings and which provide a reasonable chance of conviction of another person for the commission of such an offence, he may recommend to the Attorney General that such person be admitted to the witness protection programme only to the extent and for the purpose that his identity as the source of the s aid information and documents be protected. (2) If the Attorney General, after receiving a request in accord ance with sub-article (1) and acting in his own individual judgement , agrees that such protection of identity should be granted, whether sub ject to conditions or unconditionally, he shall issue a certificate to that effect and the Commissioner shall be entitled to protect the identity of the said person and not to give any information in any court on the identity of the said person on the basi s of the said certificate. (3) When a certificate as referred to in sub-article (2) is issu ed, no proceedings may at any time be taken ex officio against the person in favour of whom the certificate is issued only on the basis of the information and documents supplie d by that person to the Police . (4) It shall be lawful for the Attorney General, acting in his o wn individual judgement and after consulting the Commissioner, to revoke the said certificate, eith er from the original date of i ssue or from the date of revocation if h e is satisfied that the said ce rtificate was obtained fraudulently or on t he basis of materially incorre ct or misleading information having been given to the Commissioner by the person in whose favour the certificate was issued or by any oth er person on his behalf. In exercising his power under this sub-ar ticle the Attorney General shall give reasons for his decision. (5) A revocation made in terms of sub-article (4) shall be witho ut prejudice to any criminal or civil liability of any person invo lved in 24 [CAP. 164. POLICE ACT wrongfully obtaining th e said certificate. (6) Nothing in this article shall be interpreted as a derogation from any right of the Police to protect its informers in general as may result from any law in force or a pplicable from time to time. TITLE III FINGERPRINTS, SAMPLES AND IDENTIFICATIONS Fingerprinting and other samples.

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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.