Criminal Code (Cap. 9), article 540

540. Upon the receipt of any repor t, information or complaint requiring proceedings to be taken, the Executive Police shall a s soon as possible inform the Court of Magistrates (Malta), or th e Court of Magistrates (Gozo), or a magistrate, as the case may b e, in order to receive the necessary dir ections for such proceedings: Provided that if upon the report, information or complaint the party concerned has been summoned or, in any case where the Executive Police is authorized to proceed forthwith to the arre st of the party concerned, such party has been actually arrested, it shall be lawful for the Police to inform the court of such report, information or complaint at the moment that the party summoned or arrested is bro ught before it. Temporary protection orders. Added by: XIII.2018.24. Amended by: XXXII.2018.11; III.2020.6. Cap. 539. Cap. 581. 540A . (1) Upon the receipt of any report, in formation or complaint by the Executive Police requiring proceedings to be taken against a person from a pe rson or persons indicated in ar ticle 12(a) of the Victims of Crime Act , a professional, trained by the designated agency in accordance with the Gender-Based Violence and Domestic Violence Act , shall immediately conduct an assessment of the risk of the injured person or of any other individual, as the case may be: Provided that a Police officer shall also initiate an investigation, during which investigation there shall be heard, amongst others, the alleged offe nder, as the case may be: CRIMINAL CODE [CAP. 9. 343 Provided also that if an assessment has been conducted by a professional trained in accordance with the Gender-Based Violence and Domestic Violence Act within the twenty-four hour period immediately preceding the receipt of the report, informa tion, or complaint by the Executive Police, there shall be no need to conduct that assessment after such receipt: Provided also that if in the cases mentioned under sub-article (1) the alleged offender is to be taken before the court by arr est, and if he remains arrested until his arraignment in court, the disposi tions of this article shall not apply. (2) Where, following such investigation, and after the due consideration of the results of the assessment, it becomes appa rent that any person is at a serious risk of harm, the Executive Pol ice shall immediately apply to a Magistrate requesting the issue of a temporary protection order stating the grounds for the request and giving the Magistrate all such information that will enable the Magistrate to decide upon the request: Provided that said applicati on shall be made by not later than twelve hours from when the Executive Police receive such r eport, information, or complaint. (3) Before deciding whether to issue the temporary protection order, the Magistrate may require the police officer, the professional, or the person making the report or complaint givi ng the information, to confirm on oath the information supplied by him and the temporary protection order shall be issued once the Magistrate is satisfied that sufficient grounds for the issuing of the order exist: Provided that such a decision shall be taken within eight hours of receipt of the application: Cap. 581. Provided also that said agency shall, immediately after the assessment is carried out accord ing to sub-articl e (1), provide sheltered accommodation to the a lleged victim, according to art icle 19(3)(d) of the Gender-Based Violence and Domestic Violence Act , as needed. (4) In cases of utmost urgency, the request for the issue of th e temporary protection order and the order may be communicated even by electronic means: Provided that, as soon as practicable, the original temporary protection order shal l be delivered for record purpos es. (5) Sub-articles (3), (7), (8), (11) and (12) of article 412C s hall apply mutatis mutandis to a temporary protection order issued under this article, and for the purposes of this article, "temp orary protection order" shall have the same meaning assigned to "protection order" under article 412C. (6) A temporary protection order issued under this article shall remain in force: (a) up to a maximum of thirty days from the issue of the temporary protection order; or 344 CAP . 9.] CRIMINAL CODE (b) until the first sitting ag ainst the alleged offender, whichever is the earlier: Provided that the Police shall institute criminal proceedings against the alleged offender by not later than thirty days from the issue of the temporary protection order. (7) A temporary protection order issued under this article can be revoked or extended for a further period by the Magistrate w ho issued the order, on ju st cause being shown: Provided that it can also be extended by the Court during its first sitting, if a request is made to issue a protection o rder under article 412C. (8) A temporary protection order issued under this article shal l lapse upon: (a) the determination that n o criminal proceedings shall be instituted against the alleged offender; or (b) the lapse of thirty days from the issue of the temporary protection order; or (c) t h e h e a r i n g o f t h e f i r s t sitting against the alleged offender; or (d) the issue of a protection order under article 412C: Provided that in the case of paragraph (a), the Executive Police shall immediately inform the Magistrate of this decision , and request the revocation of the temporary protection order. Procedure in cases where Executive Police refuses to take proceedings on report, information or complaint. Added by: VIII.1909.51. Amended by: VIII.1990.3; III.2002.129; VII.2010.34; XLI.2020.5; XVII.2026.2.