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The Code Of Police Laws (Amendment) Act, 2006 (Bill No. 75)

A BILL

entitled

AN ACT to amend the Code of Police Laws, Cap. 10.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>

Title.

Addition of new Part to the principal law.

Sale, serving or procurement of alcohol to minors.

1. (1) The short title of this Act is the Code of Police Laws (Amendment) Act, 2006, and this Act shall be read and construed as one with the Code of Police Laws, hereinafter referred to as “the principal law”.
(2) The provisions of this Act shall come into force on such date as the Minister responsible for social policy may by notice in the Gazette appoint.
2. Immediately after article 316B of the principal law, there shall be inserted the following new Part>
“PART XXV B
OF MINORS AND ALCOHOL
316C. It shall be unlawful for any person to>
(a) sell alcohol to, or purchase alcohol on behalf of, a minor< or
(b) serve, or in any manner supply, alcohol to a minor in any shop, street or public place.
316D. It shall be unlawful for a minor to>
(a) consume alcohol in any shop, street or public place< (b) procure or attempt to procure alcohol in any manner
whatsoever in any shop, street or public place<
(c) knowingly possess alcohol in any shop, street or public place< or
(d) falsely represent his age for the purpose of consuming, receiving, procuring or attempting to procure alcohol.
316E. It shall be lawful for any member of the Police Force to stop any person, whom he suspects to have acted in breach of articles 316C and 316D of this Code, for the purposes of identifying such person and taking his particulars.
316F. For the purposes of articles 316C to 316E and of sub- articles (9) to (11) of article 319 of this Code>
(a) the expression “agency” means any agency designated for the purpose in the Gazette by the Minister responsible for social policy<
(b) the expression “alcohol” means any wine, beer, cider or spirituous liquor and includes any liquid or compound which contains 0.5% or more of alcohol by volume, whether made by distillation or fermentation<
(c) the expression “minor” means any person under sixteen years of age.”.
3. Immediately after sub-article (8) of article 319 of the principal law, there shall be inserted the following>
“(9) Without prejudice to any punishment that may be applicable under the provisions of any other law, any person found guilty of an offence against article 316C of this Code shall be liable>
C 723

Prohibition of consumption of alcohol

by minors.

Power to stop and take particulars.

Definitions.

Amendment of article 319 of the principal law.

C 724
(a) on a first conviction, to a fine (multa) of not less than one hundred Maltese liri (Lm 100) but not exceeding five hundred Maltese liri (Lm 500)< and
(b) on a second or subsequent conviction to a fine (multa) of not less than five hundred Maltese liri (Lm 500) but not exceeding one thousand Maltese liri (Lm 1,000).
(10) Notwithstanding articles 35 to 37 of the Criminal Code, a minor who acts in breach of article 316D of this Code shall be guilty of a contravention and may be ordered by the competent Court to participate in a supervised working programme and such supervised working programme shall consist of uncompensated community service work, which, if necessary, may be combined with counselling from an agency staff member or other qualified person>
Provided that in ordering the said programme and, or counselling, the competent court shall take into consideration the age of the minor and his physical ability and shall, in all cases, ensure that the programme shall not be in conflict with the minor’s regular attendance at school or other educational institution.
(11) In addition to any penalty which may be imposed by the Court in accordance with sub-articles (9) and (10) of this article, a minor who refuses to give, or untruthfully gives to any member of the Police Force in the exercise of his duties, his name, surname, address and other particulars that may be lawfully required, or is found to be carrying a false identification card, shall be guilty of a contravention.”.

Objects and Reasons

The object of this Bill is to provide for penalties for any person who sells to, or purchases alcohol on behalf of, a minor or serves or supplies alcohol to a minor in any shop, street or public place. Likewise, a minor may not consume, procure or possess alcohol in any such places. The Bill further provides for the introduction of a supervised working programme for an offender who is a minor consisting, among other provisions, in uncompensated community service work.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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