Police Act (Cap. 164)
Police Act (Cap. 164), article 56
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.
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.