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Maltese Laws |
POLICE ACT
To regulate the organization, discipline and duties of the Malta Police Force.
10th February, 1961
ORDINANCE II of 1961, as amended by: Legal Notices: 46 of 1965, 148 of 1975; Acts: VIII
of 1982, XIII of 1983, VIII and X of 1990; Legal Notice 43 of 1996; Acts XIII and XXIII of
2002; Legal Notice 211 of 2004; Act XVI of 2006; Legal Notice 410 of 2007; Act VII of 2010;
and Legal Notice 72 of 2012.
ARRANGEMENT OF ACT
Part I
Articles
General 1 - 2
Part II
The Malta Police Force
Title I Constitution 3 - 5
Title II Appointments and Conditions 6 - 23
Title III Professional Associations 24 - 30
Title IV Discipline 31 - 47
Title V The Police Board 48 - 60
Part III
Investigations and Prosecutions
Title I Title II Title III Title IV | Duties of Custody Officers Codes of Practice and Interviews Fingerprints, Samples and Identifications Protection of Witnesses and Victims Part IV Powers over Private Property Part V The Use of Force Part VI Police Academy Part VII Regulations, Orders and Forms Part VIII Miscellaneous Part IX Pensions | 61 - 65 66 - 67 68 - 74 75 - 90 91 - 95 96 - 102 103 - 106 107 - 109 110 - 120 121 - 127 |
Schedules First Schedule Oath of Office Second Schedule Statute of Malta Police Association Third Schedule Offences against Discipline Fourth Schedule Code of Practice for Police Interrogations |
Fifth Schedule Police Pensions Regulations
PART I
GENERAL
"appropriate consent" shall have the same meaning assigned to it by article 350 of the Criminal Code;
"Commissioner" means the Commissioner of Police;
"Internal Affairs Unit" shall have the same meaning assigned to it by article 55(1);
"the Academy" means the Police Academy established by article
103;
"the Force" means the Malta Police Force;
"the Malta Police Association" means the police association designated by that name and existing on the coming into force
of this Act;
"Gazetted Officer" means any police officer of or above the rank of Inspector;
"member of the Force" means any police officer other than the
Commissioner;
"Minister" means the Minister responsible for the Police;
"non-intimate sample" shall have the same meaning assigned to it by article 350 of the Criminal Code;
"Police" means the Malta Police Force;
"polic e officer" means any pers on serving in the Force and includes the Commissioner;
"premises" means any place, vehicle, vessel, aircraft, seacraft, including an off-shore installation, or any temporary or
moveable structure;
"prescribed" means prescribed by regulations made under this
Act;
"pr o tected witn ess" mean s a person admit ted t o a witn ess protection programme under article 75(1);
"seconding M e mbe r S t a t e " mea n s the Me mber St ate of the European Union which authorizes its officers or other
officials to pa rt i c i p at e in jo i n t pa tr o l s an d o p e r a t i o ns w i th th e Po li c e as p r ov ided i n su barticle
o f artic le 117A (1); "second ed officers" means officers or other officials of a seconding Member State;
"the European Union” means the European Union as referred to in the Treaty;
"the Treaty" shall have the same meaning assigned to it by article
2 of the European Union Act.
Short title. Substituted by: XIII. 2002.4.
Interpretation. Amended by: L.N. 46 of 1965. Substituted by: XIII. 2002.4. Amended by: VII. 2010.49. Cap. 9.
Cap. 460.
PART II
THE MALTA POLICE FORCE
The Malta Police
Force.
Substituted by:
XIII. 2002.4.
Objectives. Substituted by: XIII. 2002.4.
TITLE I
CONSTITUTION
Force.
(a) to preserve public order and peace, to prevent the commission of offences, to promote and enforce the observance of
the laws, as a first guarantee of the rights of all persons in Malta, even before action is needed through the judicial
system to repress, sanction or remedy any breach;
(b) to respond immediately to any request for the protection and intervention of the law;
(c) to apply the law without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property, birth or other status;
(d) to promote the orderly and peaceful coexistence of all persons in Malta, paying due attention not only to private property
rights but also to public property;
(e) to seek to protect the environment as part of the common good;
(f) to assist, within reasonable limits, any person seeking the help of a police or other public officer even though the ultimate
responsibility to provide such help may not lie with the Force;
(g) to perform honestly and effectively all those duties assigned to it by this Act or by any other law.
Commissioner and other officers. Amended by:
L.N. 46 of 1965. Substituted by: XIII. 2002.4.
(2) The Commissioner of Police shall be assisted by such Deputy Commissioners, Assistant Commissioners and such other police
officers of such ranks as may from time to time be approved by the Prime Minister.
(3) The Commissioner shall represent the Force in any judicial proceedings.
(4) Any act or thing which may be done, ordered or performed by the Commissioner may, subject to the orders and directions of the
Commissioner, be done, ordered or performed by the Deputy Commissioner or an Assistant Commissioner.
TITLE II
APPOINTMENTS AND CONDITIONS
(2) A reserve constable shall be paid an allowance for the work done.
(3) The same laws, roles and regulations as apply to regular police officers shall apply mutatis mutandis to reserve constables who shall be entitled to join any profession al associatio n established under this Act.
Appointments. Substituted by: XIII. 2002.4.
Reserve constables. Substituted by: XIII. 2002.4.
(2) An order given to a member of the Force by the Commissioner or by any other lawful superior of that member shall be deemed to be lawful, unless it is manifestly contrary to an express provision of law or a Court order.
Obedience. Substituted by: XIII. 2002.4.
Provided that the Commissioner shall not, without good cause, require a police officer to be stationed for indefinite periods to areas which, on account of distance, may cause undue hardship to the police officer or his family.
Incompatible activities. Amended by:
L.N. 148 of 1975. Substituted by:
XIII. 2002.4.
Assignment of duties. Amended by:
L.N. 46 of 1965. Substituted by: XIII. 2002.4.
(2) Tests may be carried out over a period of time on an as sess ment basis in orde r to appraise the ef ficiency and professional skill of members of the Force and may include routine medical tests to ascertain their suitability for the Force.
Training. Amended by: L.N. 46 of 1965. Substituted by: XIII. 2002.4.
Status of Police officer. Amended by: XIII. 1983.5. Substituted by: XIII. 2002.4.
Work schedules and benefits. Substituted by: XIII. 2002.4.
(2) The Assistant Commissioner so assigned shall also ensure that duties which attract benefits or additional remuneration shall be distributed equitably.
Grievances. Substituted by: XIII. 2002.4.
Consultations on transfers. Substituted by: XIII. 2002.4.
Oath of office. Substituted by: XIII. 2002.4.
(2) The oath shall be taken and signed by all officers before a person duly empowered by law to administer an oath or before the Commissioner.
Resignation. Amended by: L.N. 46 of 1965. Substituted by: XIII. 2002.4.
(2) The Prime Minister shall grant permission to any member of the Force for resignation or withdrawal after the lapse of the
period so required unless such member -
(a) is the subject of disciplinary proceedings before the Public Service Commission which have not been determined; or
(b) is charged with an offence triable by a court of criminal jurisdiction; or
(c) has otherwise rendered himself liable to be dismissed or removed from the Force,
in which cases the Prime Minister may either delay his permission until the proceedings, trial or dismissal procedures have
been concluded or grant such permission under specified conditions.
(3) Any member of the Force whose period of notice expires during the occurrence or apprehended occurrence of hostilities, internal
disorder, or other grave emergency of any kind, may be reta in ed and his service prol onged for such further pe riod, no t exceeding
twelve months, as the Minister may direct.
Removal from office. Amended by:
L.N. 46 of 1965. Substituted by: XIII. 2002.4.
(a) has not given any indication of being or has ceased to be an efficient police officer; or
(b) is incapable by reason of some infirmity of mind or body of discharging the duties of his office when such infirmity is likely
to be permanent; or
(c) it is considered, having regard to the conditions of the Force, the usefulness of the officer thereto, and all the circumstances
of the case, should in the public interest no longer serve as a member of the Force.
(2) The Commissioner may direct any person who has custody or po ssessio n of an y of the arti cl es m entioned in subarti cl e (1) which were in the possession of a former police officer, to deliver up such articles a t such pl ace and to such pe rson as the Commissioner may appoint.
Uniforms and stores. Amended by:
L.N. 46 of 1965; XIII. 1983.5;
VIII. 1990.3. Substituted by: XIII. 2002.4.
20. (1) Any person, who refuses or wilfully fails to comply with a direction given by the Commissioner under article 19, shall be guilty
of a criminal offence and shall be liable, on conviction, to imprisonment for a term not exceeding three months, or to a fine (multa) not exceeding two hundred and thirty-two euro and ninety- four cents (232.94).
(2) Any person who through negligence fails to return any article as directed by the Commissioner under article 19 shall
be liable to pay as a civil debt to the Force the value of the article not so returned.
Offences. Amended by: L.N. 46 of 1965. Substituted by: XIII. 2002.4. Amended by:
L.N. 410 of 2007.
(2) The Police Negotiating Board shall have an official side, a staff side, and an independent chairman appointed by the Prime
Minister.
(3) The official side shall be represented by the Permanent Secretary at the Ministry responsible for the Police, the Permanent
Secretary at the Of fice of th e Prime Minister, the Permanent Secretary at t h e Mini stry respon sibl e for fin a nce, an d the
Permanent Secretary at t h e Min i stry respon si ble for indu st rial relations.
(4) The staff side shall be composed of four members selected by the Malta Police Association:
Provided that if there is more than one such association, then the number of members shall be apportioned according to the relative
strength of such associations, calculated on the basis of their membership.
(5) Consultants for either side shall be allowed to attend
Police Negotiating
Board.
Substituted by:
XIII. 2002.4.
meetings of the Board.
Functions of Police Negotiating Board. Substituted by:
XIII. 2002.4.
21(1).
(2) In case of disagreement with the report of the Board the staff side may request that the matter be referred to arbitration.
Arbitration. Substituted by: XIII. 2002.4.
Right to organise. Substituted by: XIII. 2002.4.
22(2) and the said report shall be submitted by the Prime Minister to the Cabinet for its consideration.
(2) In all cases envisaged in this article, the decision of the Cabinet shall be final, whether the matter is referred to arbitration
or not.
TITLE III
PROFESSIONAL ASSOCIATIONS
(2) A professional association may be formed for the promotion of the welfare and professional ef ficiency of t h e members of that association, including matters concerning their hours of d u ty, leave, pay and all o wan c es, pensions and oth e r conditions of service and rules of discipline in general, and for the defence of individuals in disciplinary proceedings.
Voluntary membership. Substituted by: XIII. 2002.4.
(2) No person may be a member of any such association unless he is a member of the Force.
(3) Notwithstanding subarticle (2), an association may engage employees or advisers from outside the Force.
Independent bodies. Amended by:
L.N. 46 of 1965; VIII. 1982.2.
Substituted by: XIII. 2002.4.
Provided that the association may affiliate itself with sim ilar i n ternatio nal or ganisat i ons of police forces, or to collaborate with an association in Malta the members of which are retired members of the Force.
Registration. Amended by: L.N. 46 of 1965; VIII. 1982.2. Substituted by: XIII. 2002.4.
(2) When a Statute to substitute that in the Second Schedule has been approved by the Malta Police Association the Statute in the Second Schedule shall be deemed to be so substituted.
Malta Police Association. Substituted by: L.N. 46 of 1965; XIII. 2002.4.
Substitution of Schedule. Substituted by: XIII. 2002.4.
TITLE IV
DISCIPLINE
(a) being cognizant of any mutiny or sedition amongst the Force does not use his utmost endeavours to suppress such mutiny or sedition;
or
(b) being cognizant of any intended mutiny or sedition amongst the Force does not without delay give information
thereof to his superior officer; or
(c) being present at any assemblage tending to riot does not use his utmost endeavours to suppress such assemblage; or
(d) deserts; or
(e) persuades, procures, assists or attempts to persuade, procure or assist any police officer to desert; or
(f) knowing that any police officer has deserted or intends to desert does not without delay give information to his superior officer;
or
(g) strikes, or offers violence to another officer, such officer being in the execution of his duty,
shall b e g u ilty of a cr iminal of fence an d sh all be liable, on conviction, to imprisonment for a period not exceeding two years
(2) No police officer shall be found guilty of the offence of desertion unless the court is satisfied that there was an intention
on the part of such officer not to return to the Force.
(3) The punishment provided in subarticle (1) shall apply unless the fact constitutes a more serious criminal offence under
the Criminal Code or some other law, in which case such Code or
Work done in connection with a professional association.
Added by: XIII. 2002.4.
Offences by police officers triable by the Courts.
Added by: XIII. 2002.4.
Cap. 9.
such other law shall apply.
Causing disaffection. Added by: XIII. 2002.4.
Disciplinary offences. Added by: XIII. 2002.4.
Membership in organisations. Added by:
XIII. 2002.4.
Proceedings in general.
Added by:
XIII. 2002.4.
Amended by:
XXIII. 2002.26.
(a) causes, or attempts to cause, or does any act calculated to cause disorder or division amongst police officers; or
(b) induces, or attempts to induce, or does any act calculated to induce a police officer to withhold his service or
to commit an offence against discipline,
shall be guil t y of a cri minal of fence and shall be li abl e , on conviction, to imprisonment for a period not exceeding one year.
(a) any trade union, or any body or association affiliated to a trade union; or
(b) any other body or association having among its objects anything mentioned in article 21 and not constituted and regulated pursuant
to the provisions of this Act.
(2) Where any powers to exercise disciplinary action are delegated to the Commissioner in accordance with the provisions of ar ti cle 11 0 o f th e Co nst itu ti on , the Commissi oner shall, unless o t he r w i s e st at ed in th e i n str u m e n t o f de le ga ti o n , f o ll o w t h e procedures and shall have the powers as mentioned in the following articles, unless the Commissioner has declared the case to be one which admits of no delay in which case the directives issued under article 40(2) shall apply.
Proceedings before the Commissioner or Gazetted
Officer.
Added by:
XIII. 2002.4.
(2) The Commissioner or the Gazetted Officer appointed as aforesaid, as the case may be, shall have the power and authority
to hear evidence on oath, and a warrant signed by the Commissioner or the Gazetted Officer, as the case may be, shall be equivalent
to a subpoena issued to compel the attendance of witnesses or to compel them to produce documents or other exhibits.
(3) No person summoned as a witness shall be obliged to an sw er an y qu est io n or p r od uce an y d ocu m ent o r o
th er ex hi b it which may tend to incriminate him and every such person shall, in respect of any evidence given by him, be entitled
to all the priv ileges to wh ich a witn ess g i vin g evi d ence in cri minal proceedings before the Court of Magistrates. In the
same manner,
the witness shall have the same duties as if he were summoned in
criminal proceedings before the Court of Magistrates.
(4) Any person who gives false evidence on oath before the Commissioner or a Gazetted Officer appointed as aforesaid shall be guilty
of a criminal offence and shall be liable, on conviction, to a term of imprisonment no t exceed ing two years and to general interdiction.
Officer under article 36 -
(a) an officer higher in rank than the officer charged shall be detailed to represent the prosecuting side and produce the
evidence in support of the charge;
(b) the officer charged may defend himself in person, or through the assistance of an advocate, legal procurator or another police
officer of his own choice, or a representative of a police association, as mentioned in Title III of Part II of this Act,
of which he is a member.
(2) Before giving his decision and awarding punishment the Commissioner shall hear final submissions by the prosecution and the
defence on the merits and on the punishment applicable if any.
(3) The rules of evidence applicable before the Court of Magistrates as court of crim inal judicature shall apply to proceedings
under article 36 and summary notes of the proceedings shall be kept by the presiding officer, signed by him, and attached to the
records of the case.
(4) The provisions of subarticle (2) shall also apply to the Gazetted O f fi cer before su bmi ttin g hi s opin i
on t o th e Commissioner as provided in article 39.
Prosecution and defence.
Added by: XIII. 2002.4.
Evidence and pro- cedural rules. Added by:
XIII. 2002.4.
(2) Notwithstanding any other provision of this Act, such d i rect ives may inclu d e prov ision s for i mmed i at e discipli nary measures by superior officers or a police officer in cases which admit of no delay.
Delegated cases.
Added by:
XIII. 2002.4.
Rules for investigations. Added by:
XIII. 2002.4.
Independence of actions.
Added by:
XIII. 2002.4.
Cap. 9.
Punishments. Added by: XIII. 2002.4.
Excluded punishments. Added by: XIII. 2002.4.
41. Any disciplinary proceedings taken against a member of the Force shall be without prejudice to any proceedings which may be taken against him under the provisions of the Criminal Code or any other law, and any proceedings taken under the Criminal Code o r an y o th er l aw shal l be wi th ou t prej udi ce to an y di scip li nary proceedings for the same fact.
(i) a fine not exceeding seven days’ pay;
(ii) stoppage of weekly rest days, not exceeding seven days;
(iii) severe reprimand; (iv) reprimand;
(v) caution.
(ii) requirement to resign, either forthwith or on
such date as may be specified in the decision as an alternative to dismissal; or
(iii) reduction in rank or seniority; or
(iv) deferment of an increment or the reduction in the offender ’s rate of pay,
shall only be recommended by the Public Service Commission in terms of article 110 of the Constitution.
(2) The provisions of subarticle (1) do not preclude the Public
Service Commission from imposing a punishment listed in article
42.
Payment of fines.
Added by:
XIII. 2002.4.
Provided that the Commissioner may, after taking into consideration the number of dependants of the officer and other sim i l a r circum stances, ord e r t h at the fine be pai d by m onth l y instalments each not exceeding the equivalent of one day’s salary of the offender or may give the offender the option to pay off the fine by working extra unpaid hours.
Damage to or loss of equipment. Added by:
XIII. 2002.4.
Time limit for internal proceedings. Added by: XIII. 2002.4.
TITLE V
THE POLICE BOARD
(2) The members shall hold office for a period of two years from the 1st January of the year for which they are appointed and may
be re-appointed.
(3) If any vacancy in the Board occurs during the year on account of death, resignation, or for any other cause, the
President sha ll , a s so o n as pr ac ti cab l e, a pp oi n t an ot he r p er son to f i ll th e vacancy and the person so appointed
shall remain in office for the remainder of the term of office of his predecessor:
Provided that the Board and the members shall continue to act notwithstanding any such vacancy.
(4) No person shall be qualified to be appointed as, or remain, a member of the Board if he is:
(a) a public officer;
(b) a member, officer or servant of any body corporate established by law;
(c) a member of the House of Representatives or a member or servant of a Local council.
(5) A member of the Board may be removed from office by a Resolution of the House of Representat i ves on the grou nd of inability
to discharge the functions of his office (whether arising from in fi rm it y o f mi nd or bo dy or any ot her cause) or for misbehaviour.
(6) The Board shall have the power exercisable through its
Chairperson -
(a) to summon witnesses who shall be heard on oath;
(b) to administer an oath to any witness and to any person concerned in the investigation of the complaint, and require them to give
evidence.
(7) Summonses for attendance of witnesses may be in such form as decided by the Board and shall be signed by the Chairperson
or Secretary of the Board.
(8) A summons may be served either by hand or by post. Where it is served by hand it shall be suf f icient to prove ser v ice
by evidence that the summons was left with a person over the age of sixteen years at the place of residence or of business of the
person summ oned and if served by post it shall be suff icient to prove service by evidence that the summons was properly addressed
and
Cancellation from personal record. Added by:
XIII. 2002.4.
Establishment of Police Board. Added by:
XIII. 2002.4. Amended by:
XXIII. 2002.26; L.N. 410 of 2007.
posted.
(9) Any person summoned as aforesaid who refuses, or without sufficient cause fails, to attend at the time and place mentioned
in the summons, or refuses without sufficient cause, to answer or to answer fully and satisfactorily, to the best of his knowledge
and belief, all questions put to him by or with the concurrence of the Board, or refuses or fails, without sufficient cause, to produce
any document he was required to produce by or with the concurrence of the Board, shall be liable on conviction to a fine ( multa ) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment not exceeding one month or to both
such fine and imprisonment:
Provided that, without prejudice to the generality of the provisions of subarticle (6)(b), no person giving evidence before the Board may be compelled to answer any question which tends to expose him to any criminal prosecution,
and every such person shall, in respect of any evidence given by him before the Board be entitled to the same privileges to which
a witness giving evidence before a court of law is entitled.
(10) No proceedings shall be commenced in respect of any of fence against subarticle (9) without the concurrence of the Attorney
General.
Functions of Board. Added by:
XIII. 2002.4.
(a) to expeditiously inquire into and report on any matter regarding the conduct of the Force or any of its members either
on its own motion or on any complaint which it receives or is referred to it by the Minister;
(b) to inquire and report on any compliant made to it by an officer against treatment which he deems prejudicial or discriminatory,
or causes him undue distress;
(c) to monitor the conduct of internal police disciplinary proceedings and to inform the Minister of its findings; for the purposes
of this paragraph any member of the Police Board may attend any session of disciplinary proceedings held by the Commissioner in
the exercise of powers delegated to him as mentioned in article
35(2);
(d) to monitor relations between the Force and the public and in particular the amenities of the Force open to the public as well
as to supervise and visit any cells where persons are or may be detained and to report thereon to the Minister;
(e) to monitor the workings of the Internal Affairs Unit within the Police Force and to refer to it any such matters that
it deems fit;
(f) to send any report required by the provisions of this article to the Minister and to the Commissioner of Police;
(g) to submit a report of its work every calendar year to
the Minister, the Commissioner of Police and to the Social Affairs Committee of the House of Representatives;
(h) to perform any other function that may be assigned to it by regulations, or by any specific written instructions
from the Minister:
Provided that for the purpose of the exercise of the above fu nctio ns the Force shall be de emed to include an y ci vilian personnel
attached to the Force.
(2) The quorum at meetings shall be half the number of members plus one.
(3) Any decision may only be taken on the majority of the votes of the members present and voting, with the Chairman
having the casting vote in the case of equality of votes.
(4) Minutes shall be kept by the Secretary of the Police Board, who is also the custodian of all relevant documents, which shall
be rea d over and confirmed and si gned by the Chairman and the Secretary at the end of the meeting.
(5) The Board shall otherwise regulate its own procedure.
Time limit for complaint. Added by: XVI. 2006.30.
Meetings of Board.
Added by:
XIII. 2002.4.
(2) The complainant may also be asked to attend before the
Police Board, and give further information.
Appearance before Police Board. Added by:
XIII. 2002.4.
(2) Where it results that the matter may involve criminal proceedings, the Police B o a r d sh all refer its findings to the Attorney General and to the Commissioner of Police.
Delegation of functions. Added by: XIII. 2002.4.
Decisions. Added by: XIII. 2002.4.
54. (1) Notwithstanding the other provisions of this Title, it shall not be lawful for the Police Board or any of its members to inspect or demand the production of any exempt document within the meaning of article 637(3) to (6), both subarticles inclusive, of the Code of Organization and Civil Procedure nor to require any p o l i ce o f fi cer to g i ve an y in for m at io n co nt ained in an y su ch
Exceptions. Added by: XIII. 2002.4.
Cap. 12.
document.
(2) It shall also not be lawful for the Police Board or any m e mb er th ereof to demand the prod uctio n of any docum
ent connected with a criminal investigation or to demand or to be given information on any such criminal investigation.
Internal Affairs
Unit.
Added by:
XIII. 2002.4.
(2) The Internal Affairs Unit shall be set up within the Force to investigate any complaint on police officers made against them by member s o f t h e pu bl ic or by o n e member of the Forc e against another and to receive and to exam ine any testim onial for commendation from the public regarding a police officer in the execution of his duties.
Regulations for
Board.
Added by:
XIII. 2002.4.
Reports by Board.
Added by:
XIII. 2002.4.
(2) The Police Board may publish a summary of its report, observing due discretion where the interests of private individuals
so require, especially by not revealing the nam es or identity of individuals.
Cap. 377. (3) The members of the Board shall be bound by the provisions of the Professional Secrecy Act.
Abstention of members. Added by: XIII. 2002.4.
Unjustified absence. Added by: XIII. 2002.4.
Offences. Added by: XIII. 2002.4.
Cap. 9. For the purposes of articles 100 and 101 of the Criminal
Code, the Police Board shall be deemed "a competent authority".
PART III
INVESTIGATIONS AND PROSECUTIONS
TITLE I
DUTIES OF CUSTODY OFFICERS
(a) release from custody a person in police detention if upon the lapse of the period of forty-eight hours from his arrest that person
has not been brought before a court within that period:
Provided that before effecting such release the custody officer or officer performing the functions of a custody officer shall inform
the investigating officer and a Magistrate and the final decision shall rest with the Magistrate;
(b) release any person when so ordered by the investigating officer who had proceeded to or requested
his arrest;
(c) ensure that persons in police detention under his charge are treated in accordance with the law and according to
any code of practice that may be issued;
(d) keep a record of anything that needs to be recorded with reference to a detained person under his charge as provided in this Act
or in any code of practice that may be issued;
(e) in consultation with the investigating officer, attend to any medical or other humanitarian needs of the person detained and
shall in no case assume personal responsibility where any medical attention is requested or manifestly required;
(f) seek to ensure that the place where persons under his charge are detained conforms to acceptable standards of hygiene and comfort,
especially if a detained person is to sleep therein;
(g) seek to ensure that there is no danger to the life of the person detained under his charge even if the person detained is left
unattended.
Duties of custody officers.
Added by:
XIII. 2002.4.
(2) The Magistrate carrying out an inquiry into the in genere in relation to the offence in respect of which a person is detained may order at any time that the detained person be transferred to another place of custody.
Transfer of detainee. Added by: XIII. 2002.4.
Review of police detention.
Added by:
XIII. 2002.4.
(2) The first review shall be carried out within the first twelve ho u r s fr om ar rest an d p e ri od i c a lly thereafter at intervals not exceeding twelve hours. A record shall be kept of the fact and of the result of each review.
Records of detention. Added by: XIII. 2002.4.
(a) the name of the arresting officer; (b) the date and time of arrest;
(c) the date and time that the detained person was brought to the station;
(d) the time of any interrogation and the duration thereof; (e) the time and result of any review of detention;
(f) the time and nature of any requirements for medical advice or treatment and the action taken thereon;
(g) the date and time of any transfer of the detained person to some other place together with the location of the place in question;
(h) the date and time of the release of the detained person and under whose authority the release was made;
(i) any allegation that the detained person is being or has been ill-treated during the period of his detention by the Police.
Searches of detained persons. Added by:
XIII. 2002.4.
Cap. 9.
(2) The custody officer may seize any item, including any item of clothing or person al effects, in th e po ssession of th e pe
rson arrested if he has reasonable grounds for believing that such item may be evidence relating to an offence or if he believes
that it may be used by that person -
(a) to cause physical injury to himself or to any other person; or
(b) to damage property; or
(c) to interfere with evidence; or
(d) to facilitate his escape.
(3) The provisions of articles 355P to 355U, both inclusive, of the Criminal Code shall apply in the case of any seizure made under this article.
CODES OF PRACTICE AND INTERVIEWS
(a) the exercise by police officers 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 by police officers; and
(d) the seizure of property found by police officers on person or premises.
(2) The Code of Practice for the Interrogation of Arrested Persons in the Fourth Schedule shall be deemed to be a Code
of Practice issued by the Minister under the provisions of this article an d may at an y time be amend e d , r e p e al ed o r su
bsti tut e d accordingly.
(3) A police officer who fails to comply with any provision of a code of practi ce issued under t h is article shall be l i abl
e to disciplinary 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 appears
to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shal l be taken
in to account in determining that question.
Codes of practice.
Added by:
XIII. 2002.4.
TITLE III
FINGERPRINTS, SAMPLES AND IDENTIFICATIONS
(a) take fingerprints, palm-prints or other prints from the person arrested;
(b) take photographs of the person arrested or of non- intimate parts of his body;
(c) take non-intimate samples from the person arrested.
Tape-recording and video-recording of interviews.
Added by: XIII. 2002.4.
Fingerprinting and other samples. Added by:
XIII. 2002.4.
Returning of fingerprints, etc. Added by:
XIII. 2002.4.
Request for return of fingerprints, etc. Added by:
XIII. 2002.4.
(2) If the demand is allowed the Magistrate shall ensure that the material in question is returned or destroyed in his presence.
(3) If the material in question is needed in connection with any other investigation, the Magistrate may order that the return
or destruction of any such material be detained until it is no longer required for the other investigation.
Request by person arrested.
Added by:
XIII. 2002.4.
Disposal of unclaimed samples. Added by: XIII. 2002.4.
Police archives.
Added by:
XIII. 2002.4.
Extent of information.
Right of comparison.
(2) Such information may relate to fingerprints, photographs, measurements, blood-samples, intimate or non-intimate samples, patterns
of crimin al beh a v i ours and m e th odolo gy i n th e perpetration of an offence and similar details for the purposes of
any future identification of offenders.
(3) The Police may, for the purpose of establishing evidence in th e i n vest ig ati o n in to any cr iminal offence, compare
any such information with any other information that may become available to it.
Identifications.
Added by:
XIII. 2002.4.
(2) The Minister may make regulations for the carrying out of an identification parade.
PROTECTION OF WITNESSES AND VICTIMS
(2) The provisions of subarticle (1) shall also apply to a person who took part in the commission of a crime and whose evidence is in di spe n sa bl y requ ired fo r t h e p r o s ecu t i o n of any prin ci pa l or accomplice in the crime where that person agrees to co-operate with the public authorities for the purpose of such prosecution.
Witness protection.
Added by:
XIII. 2002.4.
(a) is a victim of a crime; or
(b) participated in any organisation or group of persons who have committed or are organised to commit any crime; or
(c) has participated in the commission of a crime liable to the punishment of imprisonment of seven years or more;
and, where paragraph (b) or (c) applies, reveals to the Police such information which the Police consider sufficient as to be likely to secure, u pon an eventual
prosecutio n, the conv iction of other participants in the crime.
77. With respect to a person entitled to be admitted to the programme under article 76(b) or (c) the programme shall only apply if that person declares that he will testify during any trial of an y participant in the cri m e
and any benefit grant e d shall be forfeited if the witness refuses to so testify.
78. (1) Notwithstanding the provisions of any other law, where the court considers it necessary for the protection of any person
admitted to the programme, it may allow such person to give evidence viva voce during the trial while being screened from the accused or by contemporaneous television transmission.
(2) The Minister with the concurrence of the Minister for Ju stice may make regu lati ons to pro v i d e fo r t h e mo
dali ties, conditions and rules of procedure to be applied when a person is to give evidence under the provisions of subarticle (1).
Entitlement to programme. Added by: XIII. 2002.4.
Applicability of programme. Added by:
XIII. 2002.4.
Evidence viva voce.
Added by: XIII. 2002.4.
79. In deciding whether to recommend the admission of a w itness in to the pro g ramme under articl e 76 ( b ) or ( c ), the Commissioner shall take into account whether the witness provides r e l i a b l e a n d re le v a n t ci rc ums t an ti al , d i re c t or do cu me nt ar y evidence to corroborate his version.
Recommendation of application. Added by:
XIII. 2002.4.
Decision by Attorney General. Added by:
XIII. 2002.4.
(2) The Attorney General shall decide on any such request in his individual judgement, and if the request is allowed the witness shall be deemed to be a protected witness under the programme. The decision of the Attorney General may not be questioned in any manner in any court or tribunal.
Suspension of criminal proceedings. Added by: XIII. 2002.4.
Suspension of prescription. Added by: XIII. 2002.4.
Protection under programme. Added by:
XIII. 2002.4.
Agreement with foreign countries. Added by:
XIII. 2002.4.
Revocation of status of protected witness.
Added by: XIII. 2002.4.
81. A protected witness who took part in the fact which constitutes a crime fo r which ot hers are bei ng o r are t o be prosecuted,
shall not be prosecuted for any crime arising from the same fact before the proceedings in which he is or will be a witness shall
have become res judicata.
82. The period of prescription in respect of the criminal action against the protected witness arising from the fact referred to in arti
cle 81 shall be suspen ded from the dat e th at the Attorney General decides that the witness shall be deemed to be a protected wi
tness, and shall conti nue from t h e day on w h ich the l a st pro c eedin gs in wh ich h e is a w itn ess fo r t h e pu rposes
of th e programme become res judicata.
85. (1) The Attorney General may at any time, either ex officio or on an application by the Commissioner, revoke a person’s protected witness status under article 76(a) or (b) where it results that that person is not abiding by the conditions of the programme or that his evidence or version of the facts,
or any circumstances indicated by him as corroborating evidence, are manifestly false.
(2) The protected witness status referred to in subarticle (1) may also be revoked as provided in that subarticle where the person
enjoying that status commits during the period of the programme, or is reasonably suspected of having committed during that period,
any other crime punishable with imprisonment for more than three years and not being a crime of an involuntary nature.
86. The Attorney General may also revoke a person’s protected witness status granted under article 76(a) where it results that such person is not abiding by the conditions of the programme or where he is reasonably suspected of having
committed any of the crimes referred t o in arti cl es 100 t o 10 5 of the Crim inal Code , both inclusive, or of the crimes referred to in articles 108 to 110 of the said Code, both inclusive, in relation to the fact in
respect of which that status was granted.
90. (1) Any minor, any victim of any crime against the peace and honour of families, and against morals, and any other witness wh o
in th e op in io n o f t h e co urt needs special treatment or protection, may be allowed to give evidence viva voce during the trial by contemporaneous television transmission.
(2) The Minister, in concurrence with the Minister for Justice may make regu latio ns t o l a y do wn anyt hin g t h at need s
to be prescribed for the setting up of a contemp o raneous television transmission during a trial as provided in subarticle (1)
and to lay down such rules of procedure and of evidence as may be necessary for such purpose as well as to secure great e r protecti
on o f th e personal safety, sense of modesty, psychological stability of such witnesses as may, on account of special circumstances,
require such protection.
Revocation of status for victims of crime.
Added by: XIII. 2002.4.
Cap. 9.
Requests to Attorney General or to persons in authority.
Added by: XIII. 2002.4.
Applicability of benefits.
Added by:
XIII. 2002.4.
Extension to witnesses not participants in the crime.
Added by: XIII. 2002.4.
Hearing of vulnerable witnesses by means of a contemporaneous video conference. Added by:
XIII. 2002.4.
PART IV
POWERS OVER PRIVATE PROPERTY
(a) the power to remove and hold a thing which may be in breach of the law, and -
(i) has not been removed by the owner within the time allowed in a written intimation served on
Limits. Added by: XIII. 2002.4.
Definition of powers. Added by: XIII. 2002.4.
him ordering him to remove the thing; or
(ii) the owner of which cannot be found; or
(iii) which needs to be removed as a matter of urgency;
(b) the power to demolish any building or structure which is the cause of imminent danger to the public.
Regulations. Added by: XIII. 2002.4.
Exemptions. Added by: XIII. 2002.4.
(2) Similarly the Force shall not be held responsible for damages caused by it in order to preserve life or to prevent a graver damage to property.
Retrieval of property. Added by: XIII. 2002.4.
Proportionality.
Added by:
XIII. 2002.4.
Remedy of last resort.
Added by: XIII. 2002.4.
Relevant time.
Added by:
XIII. 2002.4.
Arms. Added by: XIII. 2002.4.
PART V
THE USE OF FORCE
(2) When assessing the existence or otherwise of the exceptional circumstances mentioned in subarticle (1) , consideration shall be taken of the conditions prevailing at the time when the use of fire-arms, or weapons or other materials becomes inevitable to preserve the life of a police officer or of others, or to avert an imminent danger of widespread violence.
PART VI
POLICE ACADEMY
(a) to train recruits, officer cadets and serving police officers to fulfil their role in the Force, with ability, knowledge
and expertise, integrity and impartiality, effectively and efficiently;
(b) to instill and strengthen professionalism in policing skills and core operational functions, and to train officers
in modern managerial skills;
(c) to initiate officers in their own further studies which are relevant to their role in the Force, such as psychology,
behavioural sciences, scientific investigation, local and foreign case-law, comparative law, and languages;
(d) to co-operate with criminal justice organisations and training institutions in the training of criminal justice personnel.
Responsibility.
Added by:
XIII. 2002.4.
Regulations. Added by: XIII. 2002.4.
General saving.
Added by:
XIII. 2002.4.
Establishment of the Police Academy.
Added by: XIII. 2002.4.
Aims. Added by: XIII. 2002.4.
105. (1) The Academy shall be governed by a Board composed of a Chairm an, th e Co mmi ssioner o f Po lice ex of ficio or his representat i ve, th e President o f the Po lice Association or his representative, and not less than five but not more than
nine other members chosen from amon g perso n s havi ng kno wledge or experience of police and criminal justice matters. The members
of the Board shall be appointed by the Minister responsible for the police. The Commandant and the Director of Studies shall be
ex officio members of the Board.
(2) The Board shall have the general direction of the Academy and its policies and shall have responsibility for the setting of
objectives and targets and for the monitoring of the Academy’s operations.
(3) The Chairman shall be the juridical representative of the
Academy.
Board. Added by: XIII. 2002.4.
Added by: XIII. 2002.4.
Minister may make regulations.
Added by:
XIII. 2002.4.
overall direction of the day to day affairs of the Academy. The Commandant shall be appointed by the Minister after consulting the
Board.
(2) There shall be a Director of Studies who shall be appointed by the Mi nister af ter co nsu ltin g the Board and who sh all
be responsible for the curriculum and for all academic aspects of the running of the Academy.
(3) The Director shall be responsible for the setting up of the courses and curricula of the Academy, and may engage lecturers
on specific subjects.
(4) The Director shall also be responsible for organising such seminars, public lectures and discussions, which tend to promote
the better functioning of the Force and the spreading of correct information to the public about the justice system.
PART VII
REGULATIONS, ORDERS AND FORMS
(2) The provisions contained in the Schedules may be varied or revoked by regulations made by the Minister responsible for the Police under this article.
Commissioner may make standing orders.
Added by: XIII. 2002.4. Amended by:
VII. 2010.50.
(2) The Commissioner may also make standing orders for the general governance of seconded officers as defined under article
117A.
Forms. Added by: XIII. 2002.4.
PART VIII
MISCELLANEOUS
(2) A prosecuting officer may not submit to the Court, even if not under oath, any fact which he knows not to be true.
Loyalty to Court.
Added by:
XIII. 2002.4.
(2) The Police shall not issue to the press, either directly or indirectly, any information about the identity of the person who is about t o be char g e d before the courts or of any invest igatio n concerning any suspect.
Manifestly unfounded prosecutions. Added by: XIII. 2002.4.
The Police and the media.
Added by: XIII. 2002.4.
(2) The use of data for a purpose other than as allowed by law shall , wi th out p r ej ud ice to th e p r o v isi o n s of an y oth e r law, constitute an offence against discipline.
Information in the interest of public safety and security. Added by:
XIII. 2002.4.
Offences against discipline.
Added by: XIII. 2002.4.
(2) Minutes of such meetings shall be kept and the progress made between one meeting and another shall be monitored by the Superintendent in char ge of the d i strict and t h e Assistant Commissioner in charge of the region.
Liaison with local councils.
Added by: XIII. 2002.4.
(2) In the conduct of any such inquiry, the Commissioner shall have the same powers mentioned in article 36(2) and the provisions
of article 36(3) and (4) shall also apply to the proceedings of the inquiry under this article.
(3) An inquiry shall be without prejudice to any action that the
P o l i ce Board est a bl ish e d b y th is Act may tak e , an d th e Po lice
Enquiries by Commissioner. Added by:
XIII. 2002.4.
competence.
International co- operation.
Added by:
XIII. 2002.4.
Joint patrols and other operations with officials from member states of the European Union.
Added by: VII. 2010.51.
(2) The Commissioner may also grant the said authorization following a request by a foreign competent authority of a Member State.
Vesting or exercise of functions, pow- ers and duties in or by seconded offic- ers.
Added by: VII. 2010.51.
(a) confer any one or more of the functions, powers and duties as are by law vested in a member of the Police, to a seconded officer
participating in joint operations or joint patrols with the Police, or
(b) authorize a seconded officer participating in joint operations or joint patrols with the Police, to exercise his executive
powers in accordance with the law of the seconding Member State:
Provided that seconded officers may only exercise any function, power or duty conferred or authorized under this article under
the guidance and in the presence of the Police.
Wearing of national uniform and bearing of fire- arms by seconded officers.
Added by: VII. 2010.51.
(2) Seconded officers shall not be in possession or use fire- arms and other offensive weapons or materials unless authorized to do so by the Commissioner. The provisions of Part V of this Act shall apply mutatis mutandis to a seconded officer.
Seconded officers to be deemed pub- lic officers.
Added by: VII. 2010.51. Cap. 9.
Meaning of sec- onded officers. Added by:
VII. 2010.51.
Animals used by the Force.
Added by: XIII. 2002.4.
117D. Any seconded officer taking part in any of the operations referred to in article 117A, shall, for the purpose of any criminal liability incurred under the Criminal Code or any other law by that officer, or by others for conduct against that officer, be deemed to be a public officer.
(2) The Commissioner shall ensure that these are treated in the best way possible and compatibly with the nature of such animals,
and that they are not subjected to any cruel treatment.
(3) Unless otherwise advised by a veterinary surgeon, an anim al that is no longer of us e to the Force, for any reason
whatsoever, shall preferably be donated to any person or body that can continue to treat the animal well in its retirement. The Force
shall not put down an animal merely because no suitable person has been immediately found to take care of that animal.
(2) Where under this Act the investigating officer is required to file an application, he shall premise the request by such grounds
which he genuinely bel ieves to be true and reasonable, and t he Magistrate may in all cases re quire tha t the application be conf
irmed on oat h . In ur gent ca ses, as the Magistrate may as certain, the request may be ma de either by facs imile or by telephone;
provided that in the latter case such request is as soon as practicable reduced in writing and submitted to the Magistrate.
(3) In urgent cases the authorisation by the Magistrate may also be communicated by facsimile.
(4) Any authorisation given by a Magistrate shall lapse after one month, but may be renewed for a valid reason for subsequent periods
of one month each.
General provisions. Added by: XIII. 2002.4.
PART IX
PENSIONS
Provided that until varied or revoked by any such regulations, the regulations contained in the Fifth Schedule shall
be in force.
(2) Any regulations made under this article may have retrospective effect in order to confer a benefit upon, or remove
a disability attaching to any person or class of persons.
(3) No regulation made under this article shall have effect u n less it has received th e prio r app r oval of the House
of Representatives signified by resolution.
(4) Any pension granted under this Act shall be computed in accordance with the provisions in force at the actual date of the
officer ’s retirement.
Serving Police officers.
Added by:
XIII. 2002.4.
Added by: X.1990.2.
Minister may make pension regulations. Amended by:
XIII. 2002.5.
Pensions to be charged on revenues of Malta. Amended by:
XIII. 2002.5.
Circumstances in which pension may be granted. Amended by:
XIII. 2002.5.
(a) on or after attaining the age of fifty-five years or if he has completed twenty-five years’ service in the Force;
(b) on the abolition of his office;
(c) on compulsory retirement for the purpose of facilitating improvement in the organisation of the Force,
by which greater efficiency and economy can be effected;
(d) in the case of termination of employment in the public interest as provided in this Act;
(e) on medical evidence to the satisfaction of the Prime Minister that such Police officer is incapable by reason of infirmity of
mind or body of discharging the duties of his office and that such infirmity is likely to be permanent.
Retirement on the ground of public interest.
Amended by: XIII. 2002.5.
Maximum pension grantable. Amended by:
XIII. 2002.5.
124. Where a Police officer ’s service is terminated on the ground referred to in article 18(c), and a pension cannot otherwise be granted under the provisions of this Act, such Police officer may be granted a pension not exceeding in amount that for which he would be eligible if he retired from the Force in the circumstances described in article 123(e).
(2) For the purpose of the preceding subarticle an additional pension granted in respect of injury shall not be taken into account;
but where a Police officer is granted such an additional pension, the amount of such additional pension which he may draw shall
not exceed one-sixth of his highest pensionable emolum ents at any time in the course of his service in the Force by more than the
sum by w h i c h hi s p e nsi o n o r pensi o ns, apart f r o m su ch ad d i t i o n al pension, falls short of two-thirds of such
highest emoluments.
(3) For the purposes of this Part of this Act and the regulations made thereunder:
"month" means a calendar month;
"pensionable emoluments" include - (i) salary,
(ii) personal allowance,
but does not include duty allowance, entertainment allowance, house allowance, the estimated annual rental value of free quarters,
value of rations, extra remuneration, any fees paid out of the Treasury by way of salary or any other emoluments whatsoever;
"personal allowance " means a special addition granted personally to the holder for the time being of the office, but
does not include such an addition if it is granted subject to the condition that it shall not be pensionable;
"Police officer" means a Police officer appointed in the Force on or after the 15th January, 1979;
"year" means a calendar year.
126. No pension under this Act shall be assignable, transferable or liable to be attached, seques tr ated or l e vi ed u p o n , fo r
or i n respect of any debt or claim whatever, except in so far as is provided in article 318(3) of the Code of O rganization and Civil Procedure.
123(e), to whom a pension has been granted under this Act and who
is in receipt of -
(a) any remuneration in respect of any employment, or of any services rendered, or of any office held; or
(b) any income deriving from the exercise of a trade, business, profession or vocation; or
(c) any income deriving from any pension, allowance or other payment in respect of any employment, service or office aforesaid,
shall, until he reaches the age of fifty-five years or until the twenty- fifth anniversary of his first appointment in the Force,
whichever is the earlier, have his pension reduced by the amount by which the aggregate income established in accordance with
the following provisions of this article exceeds the salary which is then payable in respect of the post which the officer held
on retirement, taking account only, if such salary is incremental, of the corresponding increments earned prior to retirement,
or, if such post has been abolished, in analogous post:
Provided that the yearly pension shall in no case be reduced to less than the sum of one hundred and sixteen euro and forty- seven
cents (116.47), and if the yearly pension or other allowance does not exceed the minimum payable as aforesaid no reduction shall
be made therefrom.
(2) For the purposes of subarticle (1), the aggregate income shall be established by adding -
(a) the pension which, but for the provisions of this article, would have been receivable under this Act; and
(b) any remuneration or income referred to in subarticle (1)(a), (b), or (c), or both such remuneration and income; and
by subtracting therefrom the yearly sum of one hundred and sixteen euro and forty-seven cents (116.47).
(3) Any reduction in the pension under subarticle (1) shall be calculated on the basis of the pension, the remuneration or other
Pensions not to be assignable. Amended by:
XIII. 2002.5.
Cap. 12.
Pension to be reduced in certain circumstances. Amended by:
XIII. 2002.5;
L.N. 410 of 2007.
ending on 31st December of the year in which the reduction is due to be made, but, subject to any adjustments that may be or become
necessary for any reason whatsoever, and in so far as practicable, shall be made from the monthly or other periodical payments of
the pension.
(4) Any officer to whom subarticle (1) applies shall without delay inform the Accountant General, and keep him at all times informed,
of all the circumstances which render the said subarticle (1) applicable to him and the extent to which it is so applicable, and
of any change in the circumstances or extent aforesaid, and shall give the Accountant General on request, all relevant information;
and if such officer fails to comply with any of the provisions of this subarticle any pension to which he may be entitled under this
Act shall forthwith cease:
Provided that on good cause being shown the pension or ot her allowance may be restored, with or with out retr ospective effect, by
the Prime Minister.
Added by: XIII. 2002.7.
FIRST SCHEDULE
(Article 16)
Oath of office of Police Officers
"I ........................ solemnly swear/affirm that I will bear true faith and allegiance to the people and the Republic of Malta
an d i t s Co nsti tu ti on an d tha t I wil l fai t h f u lly serve t h e sa id Republic during my service in the Malta Police
Force; as a Police Officer that I will subject myself to all Codes, Acts, Ordinances, orders and regulations relating to the said
Force now in force or which may from time to time be in force and will discharge all the duties of a Police Officer according to
law, without fear or favour, affection or ill will. (So help me God)".
Amended by: L.N. 46 of 1965; VIII. 1982.2; L.N. 43 of 1996. Substituted by: XIII. 2002.6. Amended by:
L.N. 410 of 2007.
SECOND SCHEDULE
(Article 28)
Statute of the Malta Police Association
ARTICLE 1
1.1 There is hereby established an Association to be known by the name of the Malta Police Association hereinafter called "The
Association"; under the present sta tute, and which shall be the successor in title to the Malta Police Association which has
been established by law under the Malta Police Ordinance.
1.2 Any word or term in this Statute shall have the same meaning as is assigned to it in the Police Act, unless the context
otherwise requires.
Aims and objectives
2.1. The aims and objectives of the Association shall be those defined in the Police Act and, in particular:
2.1.1 to safeguard and improve the conditions of employment of members, and to promote their interests,
with particular reference to the participation of the Association in the Police Negotiating Board,
as established under the Police Act or any other related board; to represent the interests of the members in any discussions
with the official side in the Police Force;
2.1.2 the raising of the intellectual, moral and professional standard of the members;
2.1.3 the cultivation and development of relations between colleague members, and ex-members of the Malta Police Force;
2.1.4 the enhancement of the welfare of members of the Force and their dependants, through such services as may be possible
from time to time, including collective insurance policies;
2.1.5 to afford advice and assistance to individual members in disciplinary proceedings;
2.1.6 to establish and administer a fund or funds for the purpose of providing educational, welfare, cultural and social activities;
2.1.7 to rent, take on lease, purchase, or otherwise acquire property and/or offices for the purposes of the Association;
2.1.8 to own and administer property and funds, and in the execution of its aim and objectives, it may employ staff
and advisers, and to do all that is necessary, ancillary, or conducive to the attainment of such aims and objectives.
ARTICLE 3
Membership
3.1 Membership shall be voluntary and shall be open to all
Police officers.
3.2 All Police officers shall be deemed to be members of the Association, as on the day preceding the date of coming into force
of this Statute.
3.3 Any Police officer may opt to resign as member of the
Association, after the date of coming into force of this Statute.
3.4 Membership shall automatically cease:
3.4.1 upon death;
3.4.2 upon termination of being a member of the Force;
his membership for four consecutive times;
3.4.4 upon voluntary termination.
3.5 The reinstatement of any members shall be subject to the payment in full of any arrears existing at the time of lapsing.
ARTICLE 4
Subscription
4.1 A member ’s subscription shall be due and payable quarterly in advance, at the rate of €11.65.
4.2 Subscription fees shall be at such rate as the General
Conference shall determine by a simple majority vote.
4.3 Subscription shall be paid by the members as the General Conference may determine, but on the coming into force of this Statute,
to the salary paying officer.
ARTICLE 5
5.1 The office of the Association shall be at the Police Headquarters or at such other address as may be decided according
to this Statute.
5.2 The seal shall include the emblem of the Malta Police
Association.
ARTICLE 6
Rights and Obligations of members
6.1 All members have the right to elect and be elected in the
Association.
6.2 A member is bound by this Statute and by the decisions reached according to the internal democratic process.
6.3 A member shall continue to pay the membership fee as established from time to time by the Association.
ARTICLE 7
Foreign membership or contacts
7.1 The Association may continue to be a member of membership th e European Coun cil of Police Unions (C .E.S.
P.) according to its Statute.
7.2 The Association shall maintain such contacts with foreign
Police Association to promote its ideals.
ARTICLE 8
Organs of the Association
8.1 The organs of the Association shall be:
8.1.1 the General Conference;
8.1.2 the Executive Committee
8.1.3 the Branch Boards.
The General Conference
9.1 The highest organ of the Association shall be the General Conference which shall elect the Executive Committee, and shall be
the primary policy-making body of the Association.
9.2.1 There shall be an Annual General Conference, which shall examine and adopt the Annual Report of the Executive Committee,
and examine and approve the Annual Accounts. In alternate Annual General Conferences, there shall be the elections mentioned in
this Statute for the Executive Committee.
9.2.2 The first General Conference shall be convened within three months from the entry into force of the Police Act,
and shall be convened by the Commissioner for the approval of this Statute and for the election of the Executive
Committee and other elections mentioned in this Statute.
9.2.3 The Annual Conference shall be held in the calendar month of each year, in accordance with the first established
under the preceding paragraph.
9.3 The General Conference shall be composed of the Executiv e Co mmi ttee, and up to two representatives from each
rank, except for the Commissioner and the Deputy Commissioner.
9.4 The Chairman shall preside over the deliberations of the conference; in his absence by the Secretary G e neral; in their absence
by a person appointed by the Executive Committee.
9.5 The conference shall be held at the appointed place, date and time decided upon by the Executive Committee.
9.6 The agenda for the General Conference shall be prepared by the Executive Committee and shall be distributed at least one month
in advance of the appointed day. All decisions shall be taken by a simple majority.
ARTICLE 10
Executive Committee
10.1 The Executive Committee shall be composed of a Chairman, Secretary General, Treasurer and one member from each
rank, following their elections during the General Conference.
10.2 Resignations may be received by the Secretary General and any vacancies arising thereafter shall be filled by co-option until
the following elections.
10.3 The Executive Committee shall be responsible for the proper administration of the funds, for making representations and
carryin g out or making arrangements for negotiations with competent autho r ities. The ju ridical rep r esen tat i on o f the Association
shall be vested in the Executive Committee.
10.4 The Executive Committee may delegate representatives for the carrying out of all or part of such duties.
adopted at the General Conference.
10.6 The Executive Committee shall meet as often as it deems necessary in order to carry out its business efficiently. The quorum
shall be of half the number of members plus one, or after half an hour from the appointed time, the members present.
10.7 Motions for any amendment may be presented by or to the Executive Committee and shall be published or communicated to all members
at least ten days before the General Conference.
ARTICLE 11
Branch Boards
11.1 There shall be Branch Boards composed of representatives as shown hereunder:
11.1.1 For each and every unit/branch/rank as established by the Commissioner from time to time.
11.1.2 Five representatives for Police male constables, one female Police constable, three Police male Sergeants,
one female Police Sergeant, three Sergeant Majors, five male inspectors, two female Inspectors, two Superintendents,
one Assistant Commissioner, one Deputy Commissioner and Commissioner.
11.1.3 Elections to Branch Boards shall be held every two years and the highest ranking officer in any unit or branch or rank shall
be considered as the returning officer and the electoral officer.
11.1.4 Every member shall have the right for one vote.
Voting shall always be held by a secret ballot.
11.1.5 The Secretary General shall be the authority to issue the writ for elections and determine the place where the elections are
to be held.
11.1.6 Where a vacancy arises in any Branch Board, the method of co-option shall apply.
11.1.7 Each Branch Board shall send delegates to the
General Conference as shown hereunder:
Male Constables | Five | Female Constables | Three |
Male Sergeants | Five | Female Sergeants | Three |
Regimental/ Serg. Majors | Two | ||
Male Inspectors | Two | Female Inspectors | Two |
Superintendents | Two | Assistant Commissioners | Two |
Deputy Commissioner | One | Commissioner | One |
Auditors
12.1 The treasurer shall be responsible for the funds of the Association. Payments shall always be through a cheque account,
whi c h sh all req u ire t h e si gnat u re of t h e Tr easurer and anot her official of the Executive Committee to be specifically
designated.
12.2 Auditors may be appointed during a General Conference, who shall be not less than three and not more than five. In default of
any such appointment, the civilian financial administration of the Police Force shall carry out the annual audit.
12.3 No full-time appointments may be made of personnel from outside the Association, unless prior approval has been obtained from
the General Conference which shall be informed of the name and conditions of the person to be appointed. In other cases, which are
of lim ited duration or for specific tasks, the Execut ive Committee shall decide.
ARTICLE 13
Dissolution
13.1 The Association may be dissolved with the consent of five- si xths of the members , at the General Confer en ce, or after the
membership falls below 15 per cent of the officers of all ranks.
13.2 In the case of dissolution, any favourable balance in the fun d s shall be tr ansfer red to the Poli ce Fo rce, to be h el d
u n til eventually another Association is form ed with the aim and objectives similar to those of the Malta Police Association:
THIRD SCHEDULE
(Article 33)
OFFENCES AGAINST DISCIPLINE
Force -
(a) uses any defamatory, insulting, or disparaging words, acts or gestures in contempt of the President of Malta or of the Government
of Malta or of any person employed or concerned in the administration of the Government of Malta; or
(b) imputes misconduct in administering the Government to a person employed in the administration of the Government of Malta;
or
(c) utters or otherwise expresses disparagement of the Commissioner, or of the administration of the Force, or uses any word
or expression calculated or having a tendency to bring the Commissioner or the administration of the Force into
hatred, contempt or ridicule; or
Amended by:
L.N. 148 of 1975;
XIII. 2002.6.
Discreditable conduct.
act, in variance with any orders or directions issued from time to time by the Commissioner, or from Police Head Quarters on behalf
of the Commissioner; or
(e) utters or writes anything calculated or having a tendency to bring about disaffection among any members
of the Force, or in any manner canvasses or causes, or attempts to canvass or cause, or to do or to be done, anything so
calculated or having such tendency; or
(f) induces, or attempts to induce, or does any act, calculated or having a tendency to induce any member of the Force to
withhold his services or to commit any breach of discipline; or
(g) acts in a disorderly manner or any manner prejudicial to discipline or reasonably likely to bring discredit on the reputation
of the Force or of the Police service.
Insubordinate or oppressive conduct.
(a) is insubordinate by word, act, or demeanour; or
(b) is guilty of oppressive or tyrannical conduct towards an inferior in rank; or
(c) uses obscene, abusive or insulting language to any other member of the Force; or
(d) wilfully or negligently makes any false complaint or statement against any member of the Force; or
(e) assaults any other member of the Force when this does not constitute a breach of article 31(1)(g) of the Act; or
(f) improperly withholds any report or allegation against any member of the Force.
Disobedience to orders.
Force -
(a) disobeys or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise;
or
(b) resides in a place not approved by the Commissioner;
or
(c) without the previous consent of the Commissioner, receives a lodger in a house or quarters with which he is provided by
the Government, or sublets any part of such house or quarters; or
(d) without the written approval of the Commissioner receives a lodger in a house in which he resides and in respect of which
he receives a rent allowance, or sublets any part of such house; or
(e) wilfully refuses or neglects to discharge any lawful debt; or
(f) carries on or is concerned in any trade or business, or otherwise fails to devote his whole time to the Police service.
(a) neglects, or without good and sufficient cause omits, promptly and diligently to attend to or carry out anything which
is his duty as a member of the Force; or
(b) idles or gossips while on duty; or
(c) fails to work his beat in accordance with orders or leaves his beat, point, or other place of duty to which he has
been ordered, without due permission or sufficient cause; or
(d) by carelessness or neglect permits a prisoner to escape;
or
(e) fails, when knowing where any offender is to be found, to report the same, or to make due exertions for making him amenable
to justice; or
(f) fails to report any matter which it is his duty to report;
or
(g) fails to report anything which he knows concerning a criminal charge, or fails to disclose any evidence which he, or
any person within his knowledge, can give for or against any prisoner or defendant to a criminal charge; or
(h) omits to make any necessary entry in any official document or book; or
(i) neglects, or without good and sufficient cause omits, to carry out any instructions of a medical officer acting on behalf
of the Commissioner or of the Chief Government Medical Officer, or, while absent from duty on account of sickness,
is guilty of any act or conduct calculated to retard his return to duty.
Neglect of duty.
(a) knowingly makes or signs any false statement in any official document or book; or
(b) wilfully or negligently makes any false, misleading or inaccurate statement; or
(c) without good and sufficient cause destroys or mutilates any official document or record, or alters or erases any entry therein.
Falsehood or prevarication.
Force -
(a) divulges any matter which it is his duty to keep secret;
or
Breach of confidence.
(b) gives notice, directly or indirectly, to any person against whom any warrant or summons has been or is about to be issued,
except in the lawful execution of such warrant or service of such summons; or
(c) without proper authority communicates to the public press, or to any unauthorised person, any matter connected with the
Force; or
(d) without proper authority shows to any person outside the Force any book or written or printed document the property of the
Police or of any government department; or
(e) not being the Commissioner or a delegate duly authorised by the Commissioner, nor a member of the Malta Police Association,
participates in any activity of the said Malta Police Association, in violation of the provisions of this Act or advises or influences,
or attempts to advise or influence, any organ of the said Association or any official or member thereof, in relation to
any activity of the said Malta Police Association; or
(f) does not abstain from any political activity or canvassing or from any activity which is likely to interfere
with the loyal and impartial discharge of his duties, or which is likely to give rise to the impression among members of the public
that it may so interfere; or
(g) makes any anonymous communication to the Commissioner or to any other Police officer, or to any government department
or officer; or
(h) canvasses or attempts to canvass any member of the Public Service Commission or of any other body or organ of the Government,
with regard to any matter concerning the Force; or
(i) signs or circulates any petition or statement with regard to any matter concerning the Force, except as provided by
this Act or by any regulations or standing orders made thereunder.
Corrupt practice. 7. Corrupt practice, that is to say, if a member of the Force - (a) receives any bribe; or
(b) fails to account for or to make a prompt and true return
of any money or property received by him in his
official capacity; or
(c) directly or indirectly solicits or receives any gratuity, present, subscription or testimonial, without the consent
of the Commissioner; or
(d) places himself under pecuniary obligation to any publican, beer-retailer, spirit-grocer, or any person who holds
a licence granted by the Commissioner or concerning the granting or renewal of which the Police
may have to report or give evidence; or
(e) improperly uses his character and position as a member of the Force for his private advantage; or
(f) in his capacity as a member of the Force, writes, signs or gives, without the sanction of the Commissioner, any testimonial
of character or other recommendation with the object of obtaining employment for any person or of supporting an application
of any kind; or
(g) without the sanction of the Commissioner, supports an application for the grant of a licence of any kind; or
(h) without good and sufficient cause, is or becomes subject to pecuniary embarrassment.
(a) makes an arrest; or
(b) uses any violence to a prisoner or any other person with whom he may be brought into contact in the execution of his
duty; or
(c) is uncivil to any member of the public.
Unlawful or unnecessary exercise of authority.
(a) wilfully or by carelessness causes any waste, loss or damage to any articles of clothing or equipment, or to any book, document
or other property of the Police or of any government department; or
(b) fails to report any loss or damage as above however caused.
Malingering.
Absence without leave.
Uncleanliness.
Damage to clothing, etc.
(a) without the consent of his superior officer, drinks, or receives from any other person, any intoxicating liquor while he is on
duty; or
(b) demands, or endeavours to persuade any other person to give him, or to purchase or obtain for him, any
Drunkenness. Drinking on duty.
intoxicating liquor while he is on duty.
Entering licensed premises.
(a) while on duty any premises licensed under the liquor licensing laws or any other premises where liquors are stored or distributed,
when his presence there is not required in the execution of his duty; or
(b) any such premises in uniform while off duty.
Lending money, etc.
Criminal conviction.
Accomplice in offence.
Conduct
prejudicial to good
order.
Interpretation. 20. For the purposes of this Schedule the word "prisoner" m e ans any person in an y legal custody or detention, whether sentenced, or awaiting trial, or detained by the Police, or held under a lawful warrant or order.
Added by: XIII. 2002.8. Amended by: L.N. 72 of 2012.
FOURTH SCHEDULE
(Article 66)
Code of Practice for Interrogation of Arrested Persons
General Rules
This Code of Practice is to be accessible for consultation in all Police Stations, and in all places where interviews are normally
car r ied o u t so th at all memb er s of the Police Force, arrested persons, or members of the public may read it. Where according
to this Code, any person is to b e given any information, th is information need not be given when such person is not capable of
understanding it, or is violent in behaviour, or is in need of urgent medical care; however, such information shall be given as soon
as practicable.
1. Purpose of Questioning
First of all, remember that the aim of the questioning is to examine whether the reasonable suspici on in the perso n bei n g i n
terrogat e d is val i d o r n o t, and if valid , t o col l ect facts and evidence in favour and agai nst t h e person i n terviewed
for t h e
purpo se of arraig ning such p e rso n before a Court of Law, if sufficient evidence exists.
2. Importance of Statements
Since the statement of the person subject to questioning is of paramount importance as evidence, it is important that nothing is done
during the interview which may, even in the slightest way, throw doubt on the validity of the statement; and because of the state
m ent's importance as proof, our Courts are s t rict and met i cul ous in th e crit er ia th ey h a ve ado p ted to ensu re th
at a statement is made in conformity with article 658 of the Criminal Code, t ha t is to say t he sta tem en t is ma de "vo lu nt ar il y and n ot extorted or obtained by means of threats or intimidation,
or of any promise or suggestion of favour".
3. Place where questioning may occur
As a rule, the interrogation should be conducted at the Police General Headquarters or at a Police Station or other areas
unde r Police control, except wh e n th er e ar e s e ri ou s re as o n s indicating that this would seriously prejudice the investigations.
4. Caution
The person subject to the questioning has the right to refuse to answer any question put to him.
For these reasons, prior to any questioning of a person suspected of having committed an offence, a warning or caution, in
the following form, shall be given:
"You do not have to say anything unless you wish to do so, but what you say may be given in evidence".
Where the rule of inference is applicable in accordance with the provisions of the Criminal Code the caution shall be as follows:
"You do not have to say anything unless you wish to do so, but what you say may be given in evidence; however, should you refuse
to say anything or omit to state some fact, a rule of inference amounting to corroborative evidence may be drawn by the Court or
any other adjudicator if during the trial you will put forward any d e fence based o n a fact whi c h y ou di d not state
durin g interrogation".
PROCEDURES FOR QUESTIONING
5. Identification of Police Officers
The person conducting the interrogation and all other persons present shall i d ent i f y th em sel v es to th e p e rson b
e in g interrogated.
6. Recording of Caution
The fact that caution in Rule 4 is given shall be registered in the statement itself, and the person subject to questioning must be
given the opportunity to sign at the end of the paragraph where such registration is made.
7. Details of Recording
When, after the caution is given, the person being interviewed decides to make a statement, a record should be kept
of the following: the place where the statement is taken, the time the interrogation started and ended, every period of interruption,
and the names of the persons present during the questioning.
The investigating officer shall always inform the suspect prior to an y recorded statem ent of t h e offence which is being investigated.
8. Procedure for drafting of statement
As far as possible, the statement should contain the exact words used by th e suspected person, with out using "o ff i c ial"
vocabulary. Where circumstances so indicate the suspected person should be allowed to write his own statement, and this fact shall
be registered in the statement itself. The suspected person shall be invited to sign the statement. However, the "caution"
shall always be regi stered at th e begin n i ng of the document even when the person being interviewed intends to write his own
statement.
Do not forget that even if the statement is not signed, this may still be produced as evidence; however, the reason adduced by the
person being questioned for not signing the statement shall be registered.
No blank spaces are to be left in the statement except for the side margins.
9. Statement to be read by criminal suspect
When the writing of a statement by a police officer is finished, the person making it shall be asked to read a copy of it
and to make any further st atem ent in which he may make any corrections, alterations or additions he wishes. If the interviewed
person cannot or refuses to read the statement, the statement shall be read to the suspected pers on. Following this, the suspected
person shall be asked to sign it at the end and initial every page as well as any further statement which he decides to make.
10. Signing of Statement by Police
The interrogating officer shall sign the statement at the end, preferably below the signature, if any, of the person being questioned;
the officer, and any other person assisting him shall sign a declaration to the effect that the statement has been read out to the
person concerned who was also allowed to read a copy of it.
11. Registration in Records of Arrested Persons
Any interval during an interview shall be recorded. The r e cords must also in dicate the time/s when the person being questioned
is given any food or drink. Any request made by the arrested person during questioning shall be registered in writing and such request
shall for m part o f t h e cu st od y re cord s o f t h e detainee.
12. Rule against Questioning during night
A person should only be questioned during the night when this is indispensable for the investigation or avoids prolonging the period
of arrest. Sufficient time shall elapse between one interview and an other to allow such person to rest. Questioning shall not proceed
when the person detained is so fatigued that his powers of volition and comprehension are impaired.
13. Periods of Rest
In any period of 24 hours, the arrested person shall be allowed a continuous rest period of at least 8 hours, uninterrupted
by any questioning, travel or interrupt ion caused by the investigation. As a rule, this period shall be during the night. This
period of rest shall not be interrupted or postponed unless there are valid reasons indicating that if th ere is no such in terruption
or postponement:
(a) there would be a serious risk of injury to persons, or damage to or substantial loss of property;
(b) the period of arrest would be unnecessarily prolonged; (c) the investigation would be seriously prejudiced.
No alcoholic drinks shall be given to the arrested persons, unless ordered by a doctor.
Breaks from interviewing shall be made at recognised meal times, short breaks for refreshmen t shall also be provided at intervals
of approximately two hours, subject to the interviewing officer ’s discretion to delay a break if there arc reasonable grounds
for believing that it would:
(a) involve risk of harm to persons or serious loss of, or damage to, property;
(b) delay unnecessarily the person’s release from custody;
or
(c) otherwise prejudice the outcome of the investigation.
14. Stratagems
The use of a stratagem to lead a person to make a statement is not prohibited (e.g. "we already know everything about the case;
your friends have already confessed").
15. Special attention for Juveniles
Special attention should be given when persons under 18 years of age are being interviewed. As far as possible, and if this is not
preju d icial to th e investi g ation, these persons should be interviewed in the presence of one of the parents, or their tutor,
or in the presence of any other person, not being a member of the Police Force, who is of the same sex as the interviewed person,
e.g. the person who has the effective care and custody of the young person, or a social worker.
Youths and children attending school or other educational institutions, should not, as far as possible, be arrested, or interviewed,
at school. Where it is found essential to conduct the interview at school, this should be done in the presence of the head
teacher.
16. Oppression
Any form of behaviour which may amount to inhuman or degrading treatment, or any form of physical or mental torture is not only prohibited
but amounts to an offence under article 139A of the Criminal Code. The offence carries a punishment of a maximum of nine (9) years imprisonment.
Consequently all steps should be taken not only so that such behaviour does not occur, but also that no action be committed which
may even give rise to allegations of ill-treatment.
Therefore,
(a) the person being interrogated shall always and at all times be seated, if he so wishes, during the questioning;
(b) foul language, threats, deprecatory laughter and menacing gestures are forbidden;
(c) under no circumstances shall any person present during the questioning hold or exhibit any firearm or other weapon,
even if jokingly; however, the detained person may be shown such firearms or weapons connected with the investigation,
where this is necessary;
(d) no person being questioned shall be bound by any rope, chain or other shackle, but may be handcuffed if this is reasonably
justified for his own safety or that of others or to prevent his escape.
The investigating officer must keep in mind the particular circumstances of individual detainees and must take special care with particularly
timid or frail persons that nothing is done that puts the voluntariness of the statement into doubt.
17. Interrogation of Handicapped Persons and other Persons
(a) If it appears to a Police Officer that a person whom he intends to interview has a mental handicap which raises a doubt
as to whether the person can understand the questions put to him, or which makes the person likely to be especially open to suggestion,
the officer should take particular care in putting questions and accepting the reliability of answers. As far
as practicable, a mentally handicapped person should be interviewed only in the presence of a parent, or his tutor or other
person, not being a member of the Police Force, who is of the same sex as the person being interviewed, e.g. the person
who has the effective care and custody of the handicapped person or a social worker;
(b) any document reporting an interview with a mentally handicapped person (after the investigating officer shall have ascertained
that the interviewed person was capable of making the statement) should be offered for
signature not only to the handicapped person but also to the mother or father or other accompanying person present during the interview;
care should be taken to verify the facts stated and to obtain corroboration where possible;
(c) in the case of potentially vulnerable persons, (e.g. persons under the influence of drugs, alcohol, medicine,
or who are in a state of shock) precautions should be taken to ensure that the statement is made by them when they are able to appreciate
the significance of the questions and their answers, and that the statement is not the result of undue influence by the
interviewing officer.
The Commissioner shall draw up rules concerning interrogation, where there is reason for believing that the person is
sic k or de af. Th e in ve sti ga ti n g offic ers sh al l n ot p r oc eed t o an i n terv iew witho u t the prio r interven tion
and certificatio n of a medical pr act itioner, as t o the suitabi lity of cond ucting t h e interrogation.
18. Statements in languages other than Maltese or English
No person shall be questioned in the absence of an interpreter if such person -
(a) does not understand the Maltese or English language;
or
(b) the person conducting the interview does not understand a language spoken by the interviewed person.
In the case of a person making a statement in a language other than Maltese or English:
(a) the interpreter or the officer taking the statement should take down the statement in the language in which it
is made;
(b) a Maltese translation should be made in due course and be annexed as an exhibit with the original statement;
(c) only the original statement need be offered to the person making the statement.
19. Effect of this Code
The lack of observance of any the provisions of this Code will not invalidate the statement taken, unless such non observance nullifies
the voluntariness of the statement. However, disciplinary proceedings may be instituted against persons who do not observe the provisions
of this Code.
20. Rules of Guidance
Finally it should be remembered that these guidance rules are being circulated not only to prevent the commission of anything prohibited
by the Constitution or the law of Malta, but also to avoid any al legati ons b y arrested person s of any im pro p er treat ment
during their arrest. Consequently, the observance of these rules not
only im proves th e image of th e Police Forc e in the e yes of the public, but also ensures less problems for the Police to prove,
in due course, the validity of statements made by arrested persons.
Added by: X. 1990.3. Amended by: XIII. 2002.6;
L.N. 211 of 2004.
FIFTH SCHEDULE
[Article 121]
POLICE PENSIONS REGULATIONS, 1990
General Regulations
Short title. 1. These regulations may be cited as the Police Pensions
Regulations, 1990.
Pensions to whom and at what rates to be granted.
Service to be unbroken.
Provided that any service prior to a break of service may be allowed to count for pension together with any service subsequent to
such break:
(a) if the whole intervening period has been spent in some other employment in the service of the Republic; or
(b) in the case where such Police officer, having resigned from the Force, is subsequently recalled in the Force with the approval
of the Prime Minister on account of the exigencies of the Force, and such recall is certified by the Prime Minister.
Emoluments to be taken for computing pension.
(a) in the case of a Police officer who has held the same office for a period of three years immediately preceding
the date of his retirement, the full annual pensionable emoluments enjoyed by him at that date in respect of that office shall be
taken;
(b) in the case of a Police officer who at any time during such period of three years has been transferred from one office
to another, but whose pensionable emoluments have not been changed by reason of such transfer or transfers, otherwise
than by the grant of any
scale increments, the full annual pensionable emoluments enjoyed by him at the date of his retirement
in respect of the office then held by him shall be taken;
(c) in other cases one third of the aggregate pensionable emoluments enjoyed by the Police officer in respect of his service during
the three years of his service immediately preceding the date of his retirement shall be taken:
Provided that -
(i) if such one third is less than the highest annual pensionable emoluments enjoyed by him at the date of any transfer within
such period of three years those annual pensionable emoluments shall be taken; and
(ii) if such one third is less than the annual pensionable emoluments which would have been enjoyed by him at the
date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period
of three years, and had received all scale increments which, in the opinion of the Prime Minister would have been granted to him,
the annual pensionable emoluments which would have been so enjoyed shall be taken.
(2) For the purpose of determining under subregulation (1) the pensionable emoluments that a Police officer has enjoyed or would
have enjoyed, as the case may be, he shall be deemed -
(a) to have been on duty on full pensionable emoluments throughout the period of three years immediately preceding the date
of his retirement; and
(b) to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held
by him as if such increase has been payable throughout such period of three years.
(3) For the purpose of computing the amount of the pension of a Police officer who has had a per i od of less than three years’
pensionable service before his retirement -
(a) the average annual pensionable emoluments enjoyed by him during such period shall be taken;
(b) he shall be deemed to have been on duty on full pensionable emoluments throughout such period;
(c) he shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of
any office held by him as if such increase had been payable throughout such period; and
(d) any periods during which he has been absent from duty on leave without salary, granted on grounds of public policy with the approval
of the President, and during
Computation of pensions.
which he has not qualified for pension in respect of other public service.
(4) In no circumstances shall the pensionable emoluments to be taken exceed the full annual pensionable emoluments enjoyed by the
Police officer at the d ate of h is retir em ent in respect of the office then held by him.
(5) In the case of a Police officer to whom regulation 5(1)(d)
applies, the date of retirement shall:
(a) where such officer reaches the age of retirement; or
(b) where such officer would have but for his dismissal completed 25 years’ service; or
(c) where such officer dies;
before his dismissal has been declared null by the competent authority, be deemed to be the day on which he reaches the age
of retirement, or the day on which he would have completed 25 years’ service, or on which he died, whichever is the earlier,
and his pensionable emoluments to be taken into consideration shall be those which he would have been receiving on such date
had he not been so dismissed.
(a) any periods during which he has been on duty; (b) any period during which he received half salary;
(c) any periods during which he has been absent from duty on leave with full or half salary;
(d) any period following dismissal from the Force, where such dismissal is subsequently declared to have been invalid by a competent
authority, up to the time of reinstatement, or the date when such Police officer would have completed 25 years’ service,
or the day on which such Police officer would have to retire because of age, or the date when such officer dies, whichever is the
earlier.
And any periods during which he has been absent on leave other than those specified abov e shall be deducted from the officer ’s
total service in order to arrive at his period of pensionable service.
(2) For the purposes of subregulation (1)(d) of this regulation and for the purposes of regulation 4(5), the term "dismissal" shall be d eem ed to i nclude "compu
lso ry ret irement on the g round of publi c interest", and the term "dism i ssed" shall be construed accordingly.
Acting service. 6. Where an officer has performed acting service in a pensionable office in the Force, the period of such service may be taken into account as pensionable service under the Act:
Provided that -
pensionable service of the previous holder of the office and does not fall to be reckoned as part of the officer ’s own pensionable
service under the Act in the Force;
(b) this period of service is immediately preceded or followed by service in a substantive capacity in the Force.
Provided, however, that if he has been in Force for less than the qualifying period of ten years, he may be granted a pension calculated
in accordance with regulation 2 as if there had been no qualifying period:
And provided also that the grant of such pension shall be subject to the condition that he shall be liable to be r ecalled to service
in the Force:
Provided further that if such a Police officer is not qualified for other employment in the Force or if there is no reason, in the
opinion of the Prime Minister, to expect that he can be shortly re- employed, a pension may be granted to him free from the above-
mentioned condition.
Abolition or reorganization of office.
Provided -
(a) the addition shall in no case exceed ten sixtieths; and
(b) no addition shall be made so as to qualify an officer for a pension of higher annual value than that for which he would have
been qualified by length of service on reaching the age at which he may be required to retire, or for a pension of higher
annual value than the maximum prescribed in article 125 of the Act.
Rates of pension when offices are abolished.
9. (1) Where a Police officer has been permanently injured - (a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature of his duty,
and his retirement is thereby necessitated or materially accelerated, he may, if he is qualified for a pension under regulation
2, be granted, in addition to the pension granted to him under that regulation, an additional pension at the rate of the
proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table:
Officers retiring on account of injuries.
Pensions to officers when service is less than
10 years.
When his capacity to contribute to his own support is -
slightly impaired ......................................... five-sixtieths; impaired .......................................................
ten-sixtieths; materially impaired ................................ fifteen-sixtieths; totally destroyed .....................................
twenty-sixtieths:
Provided that the amount of the additional pension shall be re duce d to such an exte nt as the Prim e Mi nister shall t h ink reasonable
in the following cases:
(i) where the injured Police officer has continued to serve for not less than one year after the injury in respect of which he
retires;
(ii) where the injured Police officer is at the date of injury within ten years of the age at which he may be required to retire;
or
(iii) where the injury is not the sole cause of retirement, but the retirement is caused partly by age or infirmity
not due to the injury:
Provided also that the total amount of the additional pension shall not exceed the amount prescribed in article 125(2) of
the Act.
(2) A Police officer so injured, whose length of service is not such as to qualify him for a pensio n under regulation 2, may
nevertheless be granted a pension at the rate of one four-hundred and fiftieth of his pensionable emo l uments for each compl e te
month of pensionable service together with such additional pension as might be awarded to him under the p r eceding part of this
regulation if he were qualified for pension.
Pension to widows of officers, killed
in the discharge of duty.
(2) The foregoing provision shall apply also in case the officer, after he shall have been pensioned under regulation 9, dies from
the direct and immediate effects of the injury sustained.
(3) If the officer ’s wife predeceases him, or if no pension is granted to her under this article, and he leaves children who
would have been eligible for pension, if a pension had been granted to the widow, pensions may be granted to them of twice the amount
of the pension s for whi c h they wou l d h a v e been el igi b le in th e circumstances.
(4) If the deceased does not leave a widow or motherless children, but leaves a mother who was wholly dependent on him
for
had there been one left, may be made to the mother, but it shall cease, if she be widow, in case of remarriage.
(2) Where the fidelity and diligence of the officer fall short of the first degree of merit the computation may be made at lower rates.
Good conduct required.
12. Pensions, gratuities and allowances payable under these regulations shall also be payable to the person entitled thereto in other Member States of the European Community net of any taxes and transaction charges in accordance with Article 5 of Council Directive 98/49 /EC o f the 29t h Ju ne, 1998 on safeguarding t he supplementary pension rig h ts of employed and self-em p loyed persons moving within the Community.
Cross-border payments. Added by:
L.N. 211 of 2004.
Information to persons entitled to pension.
Added by:
L.N. 211 of 2004.
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