                                POLICE                      [ CAP. 164.             1
CHAPTER 164
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; and Acts XIII and XXIII of
2002.
ARRANGEMENT OF ACT
  Articles
Part I
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 Duties of Custody Officers 61 - 65
Title II Codes of Practice and Interviews 66 - 67
Title III Fingerprints, Samples and Identifications 68 - 74
Title IV Protection of Witnesses and Victims 75 - 90
Part IV
Powers over Private Property 91 - 95
Part V
The Use of Force 96 - 102
Part VI
Police Academy 103 - 106
Part VII
Regulations, Orders and Forms 107 - 109
Part VIII
Miscellaneous 110 - 120
Part IX
Pensions 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
  2        CAP. 164. ]                 POLICE
PART I
GENERAL
Title.
Substituted by:
XIII. 2002.4.
1. The title of this Act is the Police Act. 
Interpretation. 
Amended by: 
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
Cap. 9.
2. In this Act, unless the context otherwise requires -
"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;
"police officer" means any person 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;
"protected witness" means a person admitted to a witness
protection programme under article 75(1).
PART II
THE MALTA POLICE FORCE
TITLE I
CONSTITUTION
The Malta Police 
Force.
Substituted by:
XIII. 2002.4.
3. There shall continue to be a police force known as Police
Force.
                                POLICE                      [ CAP. 164.             3
Objectives.
Substituted by:
XIII. 2002.4.
4. The main objectives of the Force are -
( 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.
Commiisioner and 
other officers. 
Amended by: 
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
5. (1) There shall be a Commissioner of Police who shall be
appointed by the Prime Minister and shall have the command,
direction, management and superintendence of the Force.
(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
Appointments.
Substituted by:
XIII. 2002.4.
6. The appointment of all police officers shall be subject to
such conditions, requirements and standards as may be prescribed
by this Act or by regulations or orders made under this Act.
Reserve 
constables.
Substituted by:
XIII. 2002.4.
7. (1) The Force may engage a number of reserve constables,
who may be considered as suitable to perform certain police work.
(2) A reserve constable shall be paid an allowance for the work
  4        CAP. 164. ]                 POLICE
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 professional association
established under this Act.
Obedience.
Substituted by:
XIII. 2002.4.
8. (1) Every member of the Force shall, in the execution of
his duties, promptly and without challenge obey the lawful orders
of the Commissioner or of that member’s other lawful superiors.
(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. 
Incompatible 
activities.
Amended by: 
L.N. 148 of 1975.
Substituted by:
XIII. 2002.4.
9. Every police officer shall dedicate his whole time to the
service of the Force and shall not carry on any other work unless
prior permission in writing has been obtained from the
Commissioner.
Assignment of 
duties.
Amended by: 
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
10. Every member of the Force shall be liable to be stationed at
such places as the Commissioner may from time to time order:
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.
Training. 
Amended by: 
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
11. (1) Every member of the Force shall undergo such training
and undertake such tests or examinations as the Commissioner may
from time to time establish.
(2) Tests may be carried out over a period of time on an
assessment basis in order to appraise the efficiency and
professional skill of members of the Force and may include routine
medical tests to ascertain their suitability for the Force.
Status of Police 
officer.
Amended by: 
XIII. 1983.5. 
Substituted by:
XIII. 2002.4.
12. Every police officer shall be deemed to be a police officer
at all times, subject to the payment of such compensation as may be
due to him under any law or regulation or as the Commissioner may
determine
Work schedules 
and benefits.
Substituted by:
XIII. 2002.4.
13. (1) The Commissioner shall assign an Assistant
Commissioner to oversee the distribution of shift duties in a fair
and equitable manner.
(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.
14. A police officer who believes that he is not being justly
treated according to the provisions of article 13 may apply directly
or through a professional association established under this Act, to
the Assistant Commissioner who shall draw up a report to the
Commissioner for his decision, unless a solution is found within a
period of one month.
                                POLICE                      [ CAP. 164.             5
Consultations on 
transfers.
Substituted by:
XIII. 2002.4.
15. The Commissioner shall consult with the highest ranking
officer in a branch or division, when transfer of personnel is to be
effected.
Oath of office.
Substituted by:
XIII. 2002.4.
16. (1) Before entering upon duties on appointment, all new
or re-admitted members of the Force shall take the oath of office
contained in the First Schedule.
(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.
17. (1) Any member of the Force who wishes to resign or
withdraw from his duties shall give to the Prime Minister such prior
notice, not exceeding thirty days, as the Prime Minister may require
by notice in the Gazette, of his intention to resign or withdraw
himself from his duties, as the case may be, giving reasons therefor.
(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
retained and his service prolonged for such further period, not
exceeding twelve months, as the Minister may direct.
Removal from 
office.
Amended by:
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
18. It shall be lawful for the Prime Minister on the
recommendation of the Public Service Commission to remove from
his office at any time a police officer who -
( 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.
  6        CAP. 164. ]                 POLICE
Uniforms and 
stores. 
Amended by: 
L.N. 46 of 1965;
XIII. 1983.5;
VIII. 1990.3.
Substituted by:
XIII. 2002.4.
19. When any police officer shall cease to hold and exercise
his office, he shall forthwith return to such person and at such time
and place as the Commissioner shall direct all arms, ammunition,
accoutrements, uniforms and other clothing and equipment which
have been supplied to him at the public expense and which he is
directed by the Commissioner to return.
(2) The Commissioner may direct any person who has custody
or possession of any of the articles mentioned in subarticle (1)
which were in the possession of a former police officer, to deliver
up such articles at such place and to such person as the
Commissioner may appoint.
Offences.
Amended by: 
L.N. 46 of 1965.
Substituted by:
XIII. 2002.4.
20. (1) Any person, who refuses or willfully 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 one hundred liri.
(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.
Police Negotiating 
Board.
Substituted by:
XIII. 2002.4.
21. (1) There shall be a Police Negotiating Board for the
consideration of questions raised by the official side or staff side,
as hereunder defined, relating to hours of duty, pensions, leave, pay
and allowances, and other conditions of service.
(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 Office of the Prime Minister, the Permanent
Secretary at the Ministry responsible for finance, and the
Permanent Secretary at the Ministry responsible for industrial
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
meetings of the Board.
Functions of Police 
Negotiating Board.
Substituted by:
XIII. 2002.4.
22. (1) The Police Negotiating Board shall submit its report to
the Prime Minister on any question raised as provided in article
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.
                                POLICE                      [ CAP. 164.             7
Arbitration.
Substituted by:
XIII. 2002.4.
23. (1) In the case of such request being made the Prime
Minister shall appoint three independent arbitrators who shall draw
up a report to the Prime Minister on the matter referred to in article
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
Right to organise.
Substituted by:
XIII. 2002.4.
24. (1) Senior ranks in the Force from the rank of inspector
and above may form one professional association as provided in
subarticle (2) and all other ranks may also form one such
association.
(2) A professional association may be formed for the
promotion of the welfare and professional efficiency of the
members of that association, including matters concerning their
hours of duty, leave, pay and allowances, pensions and other
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.
25. (1) Membership of an association is voluntary.
(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.
26. An association and every committee or board thereof shall
be entirely independent of and not associated with any body outside
the police service:
Provided that the association may affiliate itself with
similar international organisations 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.
27. A professional association shall be registered with the
Commissioner who shall not refuse any such registration provided
that the statute of the association is not in conflict with this Act and
the association represents not less than fifteen per cent of the whole
Forec, or fifty per cent plus one more member of any of the
categories listed in article 24(1).
Malta Police 
Association.
Substituted by: 
L.N. 46 of 1965;
XIII. 2002.4.
 28. Until any other association is formed, the Malta Police
Association shall continue as established with the Statute set forth
in the Second Schedule.
Substitution of 
Schedule.
Substituted by:
XIII. 2002.4.
29. (1) The Malta Police Association may substitute its own
statute for that in the Schedule. The statute intended to substitute
that in the Schedule shall be submitted to the Commissioner to
ensure that it conforms with this Act in which case he shall approve
  8        CAP. 164. ]                 POLICE
the statute. When the statute has been so approved by the
Commissioner it shall be submitted to the vote of the members of
the association. Such substitution shall be determined by a majority
of votes of all the members present and voting.
(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.
Work done in 
connection with a 
professional 
association.
Added by:
XIII. 2002.4.
30. The Commissioner may, compatibly with the exigencies of
the service, consider that any work done by a professional police
officer in connection with a professional association be part of his
Police duties.
TITLE IV
DISCIPLINE
Offences by police 
officers triable by 
the Courts.
Added by:
XIII. 2002.4.
31. (1) Any police officer who -
( 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 be guilty of a criminal offence and shall 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.
Cap. 9.
(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
such other law shall apply.
Causing 
disaffection.
Added by:
XIII. 2002.4.
32. Any person who -
( 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
                                POLICE                      [ CAP. 164.             9
calculated to induce a police officer to withhold his
service or to commit an offence against discipline,
shall be guilty of a criminal offence and shall be liable, on
conviction, to imprisonment for a period not exceeding one year.
Disciplinary 
offences.
Added by:
XIII. 2002.4.
33. Any member of the Force who commits any of the offences
set out in the Third Schedule shall be guilty of an offence against
discipline.
Membership in 
organisations.
Added by:
XIII. 2002.4.
34. It shall be an offence against discipline for any police
officer to be or to become a member of -
( 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.
Proceedings in 
general.
Added by:
XIII. 2002.4.
Amended by:
XXIII. 2002.26.
35. (1) Disciplinary proceedings shall be regulated according
to article 110 of the Constitution.
(2) Where any powers to exercise disciplinary action are
delegated to the Commissioner in accordance with the provisions of
article 110 of the Constitution, the Commissioner shall, unless
otherwise stated in the instrument of delegation, follow the
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.
36. (1) The Commissioner may collect the evidence
personally or shall appoint a Gazetted Officer to collect the
evidence and to recommend the relative punishment, if any,
applicable in the case.
(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
answer any question or produce any document or other exhibit
which may tend to incriminate him and every such person shall, in
respect of any evidence given by him, be entitled to all the
privileges to which a witness giving evidence in criminal
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 not exceeding two years and to general
interdiction.
  10        CAP. 164. ]                 POLICE
Prosecution and 
defence.
Added by:
XIII. 2002.4.
37. (1) In proceedings before the Commissioner or Gazetted
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.
Evidence and pro-
cedural rules.
Added by:
XIII. 2002.4.
38. (1) The officer charged may summon witnesses on his
own behalf and may cross-examine witnesses brought against him
under the same conditions as prevail for the prosecution and for
this purpose the Commissioner or Gazetted Officer, as the case may
be, shall issue the subpoena for such witnesses.
(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 criminal 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 Officer before submitting his opinion to the
Commissioner as provided in article 39.
Delegated cases.
Added by:
XIII. 2002.4.
39. The Gazetted Officer appointed according to article 36(1)
shall always forward to the Commissioner the relative file together
with his opinion about the merits of the case and the punishment, if
any, recommended by him and the Commissioner may adopt the
recommendation or reform it, either by dismissing the case and
acquitting the officer charged or by reducing the punishment, if
any.
Rules for 
investigations.
Added by:
XIII. 2002.4.
40. (1) The Commissioner may issue directives not
inconsistent with the provisions of this Act regarding the
procedures to be followed in the preliminary hearing into an
allegation of a disciplinary offence.
(2) Notwithstanding any other provision of this Act, such
directives may include provisions for immediate disciplinary
measures by superior officers or a police officer in cases which
admit of no delay.
Independence of 
actions.
Added by:
XIII. 2002.4.
Cap. 9.
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
or any other law shall be without prejudice to any disciplinary
proceedings for the same fact.
                                POLICE                      [ CAP. 164.             11
Punishments.
Added by:
XIII. 2002.4.
  42.  In proceedings before the Commissioner the following
punishments may be awarded:
(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.
Excluded 
punishments.
Added by:
XIII. 2002.4.
43. (1) The punishment of -
(i) dismissal; or
(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.
44. All fines for offences against discipline shall be recovered
from the pay due to the offender:
Provided that the Commissioner may, after taking into
consideration the number of dependants of the officer and other
similar circumstances, order that the fine be paid by monthly
installments 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.
45. If a police officer pawns, sells, loses by neglect, makes
away with, or willfully or negligently damages any arm,
ammunition, accouterment, uniform or other article supplied to
him, or any property committed to his charge, he may, in addition
to or in lieu of any other punishment, be ordered to make good,
either partially or wholly, the value of such property or the amount
of such loss or damage, as the case may be, and such value or such
amount may be recovered by a deduction from his pay.
Time limit for 
internal 
proceedings.
Added by:
XIII. 2002.4.
46. Disciplinary proceedings before the Commissioner shall be
instituted within three months from the date of the commission of
the offence against discipline.
Cancellation from 
personal record.
Added by:
XIII. 2002.4.
47. An offence against discipline dealt with by the
Commissioner shall cease to appear in the personal record of an
officer after the lapse of two years if he is not found guilty of any
other offence during such period.
  12        CAP. 164. ]                 POLICE
TITLE V
THE POLICE BOARD
Establishment of 
Police Board.
Added by:
XIII. 2002.4.
Amended by:
XXIII. 2002.26.
48. (1) There shall be a Police Board composed of such
members, not being more than five one of whom shall be the
Chairperson, as shall be appointed by the President of Malta acting
on the advice of the Minister.
(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
shall, as soon as practicable, appoint another person to fill the
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 Representatives on the ground of
inability to discharge the functions of his office (whether arising
from infirmity of mind or body or any other cause) or for
misbehaviour.
Functions of 
Board.
Added by:
XIII. 2002.4.
49. The Poliee Board shall have the following functions:
( 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
                                POLICE                      [ CAP. 164.             13
the Minister;
( e ) to monitor the workings of the Intemal Affairs Unit
within the Police Foree 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
functions the Force shall be deemed to include any civilian
personnel attached to the Force.
Meetings of Board.
Added by:
XIII. 2002.4.
50. (1) The Police Board shall meet at least once a soars.
month at the place that may be established for such meetings.
(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
read over and confirmed and signed by the Chairman and the
Secretary at the end of the meeting.
(5) The Board shall otherwise regulate its own procedure.
Appearance before 
Police Board.
Added by:
XIII. 2002.4.
51. (1) The Commissioner or any police officer or any civilian
employee may be requested to appear before the Police Board to
answer questions and to provide information that may be relevant
to the said Board in the execution of its duties.
(2) The complainant may also be asked to attend before the
Police Board, and give further information.
Delegation of 
functions.
Added by:
XIII. 2002.4.
52. The Police Board may, in conjunction with the Internal
Affairs Unit, assign to one of its members the duty to collect
information and evidence and such member shall report back to the
Board.
Decisions.
Added by:
XIII. 2002.4.
53. (1) In its decisions, the Board may recommend such action
that it deems fit.
(2) Where it results that the matter may involve criminal
proceedings, the Police Board shall refer its findings to the
Attorney General and to the Commissioner of Police.
  14        CAP. 164. ]                 POLICE
Exceptions.
Added by:
XIII. 2002.4.
Cap. 12.
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
police officer to give any information contained in any such
document.
(2) It shall also not be lawful for the Police Board or any
member thereof to demand the production of any document
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.
55. (1) In this Title the words "Internal Affairs Unit" mean
that internal department within the Police Force, by whatever name
called, entrusted with the internal supervision of the workings of
the Force in order to ensure its accountability.
(2) The Internal Affairs Unit shall be set up within the Force to
investigate any complaint on police officers made against them by
members of the public or by one member of the Force against
another and to receive and to examine any testimonial for
commendation from the public regarding a police officer in the
execution of his duties.
Regulations for 
Board.
Added by:
XIII. 2002.4.
56. The Minister may make regulations not inconsistent with
the provisions of this Act to regulate matters of procedure before
the Board and to make provision for such remedies or measures that
may be recommended by the Board.
Reports by Board.
Added by:
XIII. 2002.4.
57. (1) The Police Board shall every year submit a report of
its work to the Minister, to the Social Affairs Committee of the
House of Representatives and to the Commissioner.
(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 names 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.
58. A member of the Police Board shall abstain from taking
part in the deliberations and decision on any matter which comes
before the Board in which he may have a pecuniary, professional,
or other personal interest, or in which a relative, whether by
affinity or consanguinity up to the fourth degree inclusively, is in
any way involved.
Unjustified 
absence.
Added by:
XIII. 2002.4.
59. A member who absents himself from four meetings without
a valid reason shall be considered as having resigned his post, and
the Secretary shall inform the President accordingly.
Offences.
Added by:
XIII. 2002.4.
60. (1) It shall be an offence against discipline for any
member of the Force to knowingly hinder any other member of the
Force from effectively exercising his right to make or pursue a
complaint to the Police Board or to penalise or harass by persistent
unreasonable demands such other member of the Force for having
                                POLICE                      [ CAP. 164.             15
made or for pursing a complaint to the Police Board with the object
of inducing such member of the Force to desist from complaining
to the Police Board or to withdraw a complaint made to such Board.
Cap. 9.
Code, the Police Board shall be deemed "a competent authority".
PART III
INVESTIGATIONS AND PROSECUTIONS
TITLE I
DUTIES OF CUSTODY OFFICERS
Duties of custody 
officers.
Added by:
XIII. 2002.4.
61. The custody officer or an officer performing the functions
of a custody officer according to law shall -
( 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.
Transfer of 
detainee.
Added by:
XIII. 2002.4.
62. (1) When a detained person is transferred to another place
of detention, the responsibility for the welfare of that person shall
devolve on the new custody officer who shall assume
responsibility.
  16        CAP. 164. ]                 POLICE
(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.
Review of police 
detention.
Added by:
XIII. 2002.4.
63. (1) The custody officer shall personally review with the
investigating officer the continued detention of the person detained
to determine whether it is justified in the circumstances.
(2) The first review shall be carried out within the first twelve
hours from arrest and periodically 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.
64. The custody officer shall keep a register in which shall be
recorded such personal details as to enable the identification of any
person detained at the police station where the officer is stationed
as well as all other relevant information concerning the detention of
the person detained including:
( 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.
65. (1) The custody officer shall keep a written record of
everything in the possession of the person arrested who is to be
detained at the police station and of any item seized and retained in
accordance with any provision of law. Such a record shall be made
part of the detained person’s custody record.
(2) The custody officer may seize any item, including any item
of clothing or personal effects, in the possession of the person
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
                                POLICE                      [ CAP. 164.             17
( d ) to facilitate his escape.
Cap. 9.
(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.
TITLE II
CODES OF PRACTICE AND INTERVIEWS
Codes of practice.
Added by:
XIII. 2002.4.
66. (1) The Minister may by regulations issue codes of
practice in connection with -
( 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
and may at any time be amended, repealed or substituted
accordingly.
(3) A police officer who fails to comply with any provision of a
code of practice issued under this article shall be liable 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 shall be taken into
account in determining that question.
Tape-recording 
and video-record-
ing of interviews.
Added by:
XIII. 2002.4.
67. The Minister may make regulations providing for a code of
practice for the audio-recording on tape or for the video-recording
on film of any interview of a person suspected of the commission
of an offence, as may be specified in the said regulations.
TITLE III
FINGERPRINTS, SAMPLES AND IDENTIFICATIONS
Fingerprinting and 
other samples.
Added by:
XIII. 2002.4.
68. The investigating officer with the assistance of such
competent persons as may be necessary and with the appropriate
consent, may -
( 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;
  18        CAP. 164. ]                 POLICE
( c ) take non-intimate samples from the person arrested.
Returning of 
fingerprints, etc.
Added by:
XIII. 2002.4.
69. Any person may, within one year from the date of his
acquittal by a final judgment of a court, demand that all samples,
fingerprints and documents taken from him and any recordings of
his voice or photographs or video recordings of him be returned to
him or destroyed in his presence.
Request for return 
of fingerprints, etc.
Added by:
XIII. 2002.4.
70. (1) The demand mentioned in articnle 69 shall be made by
application to a Magistrate.
(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 Magisntrate 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.
71. A demand as provided in article 69 may also be made by a
person who has been arrested but not charged. In such a case the
application referred to in article 70 may only be allowed after the
Police have been given an opportunity to reply to the application
which shall be served upon the Police for the purpose. The
application shall not be allowed if it is opposed by the Police and
the period of prescription for the exercise of the criminal action in
respect of the offence for which the applicant was arrested has not
lapsed.
Disposal of 
unclaimed 
samples.
Added by:
XIII. 2002.4.
72. Where the person acquitted or the person arrested but not
charged, as the case may be, fails to apply to a Magistrate as
provided in articles 69 and 71, the Police may transfer anything as
is mentioned in those articles to the Police Academy established
under this Act if the material is considered by the Police to have a
didactic or experimental value.
Police archives.
Added by:
XIII. 2002.4.
73. (1) The Police may hold, process and classify any
information relevant to the commission of any crime in or outside
Malta which information may be preserved by any system
whatsoever, including in electronic format, subject to the
provisions of any law on the protection of data.
Extent of 
information.
(2) Such information may relate to fingerprints, photographs,
measurements, blood-samples, intimate or non-intimate samples,
patterns of criminal behaviours and methodology in the
perpetration of an offence and similar details for the purposes of
any future identification of offenders.
Right of 
comparison.
(3) The Police may, for the purpose of establishing evidence in
the investigation into any criminal offence, compare any such
information with any other information that may become available
to it.
Identifications.
Added by:
XIII. 2002.4.
74. (1) Where any identity parade or identification of objects
is considered desirable by an investigating officer, it shall be
conducted by a Magistrate who shall take such steps as to ensure
that there is no suggestion or outside influence on the person who is
called upon to make the identification.
                                POLICE                      [ CAP. 164.             19
(2) The Minister may make regulations for the carrying out of
an identification parade.
TITLE IV
PROTECTION OF WITNESSES AND VICTIMS
Witness protection.
Added by:
XIII. 2002.4.
75. (1) Where a person is the victim of a crime who is to be
produced as a witness in any criminal proceedings against any
principal or accomplice in the crime and that person is concerned
for his safety, the Commissioner may, subject to the provisions of
article 76, set up a witness protection programme hereinafter
referred to in this Part as "the programme".
(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
indispensably required for the prosecution of any principal or
accomplice in the crime where that person agrees to co-operate
with the public authorities for the purpose of such prosecution.
Entitlement to 
programme.
Added by:
XIII. 2002.4.
76. A person may become entitled to benefit under the
programme if that person -
( 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, upon an eventual prosecution, the conviction of other
participants in the crime.
Applicability of 
programme.
Added by:
XIII. 2002.4.
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
any participant in the crime and any benefit granted shall be
forfeited if the witness refuses to so testify.
Evidence  viva 
voce .
Added by:
XIII. 2002.4.
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
Justice may make regulations to provide for the modalities,
conditions and rules of procedure to be applied when a person is to
give evidence under the provisions of subarticle (1).
Recommendation 
of application.
Added by:
XIII. 2002.4.
79. In deciding whether to recommend the admission of a
witness into the programme under article 76( b ) or ( c ), the
Commissioner shall take into account whether the witness provides
reliable and relevant circumstantial, direct or documentary
evidence to corroborate his version.
  20        CAP. 164. ]                 POLICE
Decision by 
Attorney General.
Added by:
XIII. 2002.4.
80. (1) Where the Commissioner is of the opinion that a
person qualifies for admission to the programme, he shall apply in
writing to the Attorney General requesting such person to be
admitted to the programme stating the reasons for his request and
producing all supporting documents.
(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.
81. A protected witness who took part in the fact which
constitutes a crime for which others are being or are to 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 .
Suspension of 
prescription.
Added by:
XIII. 2002.4.
82. The period of prescription in respect of the criminal action
against the protected witness arising from the fact referred to in
article 81 shall be suspended from the date that the Attorney
General decides that the witness shall be deemed to be a protected
witness, and shall continue from the day on which the last
proceedings in which he is a witness for the purposes of the
programme become  res judicata .
Protection under 
programme.
Added by:
XIII. 2002.4.
83. The programme may provide for such protection to the life
and property of a witness admitted to the programme and to that of
members of his family in the ascending, descending or collateral
line, as the Commissioner may deem appropriate and may include
provision for the payment of a subsistence allowance in particular
cases.
Agreement with 
foreign countries.
Added by:
XIII. 2002.4.
84. The Minister responsible for the Police may enter into
agreements with foreign governments providing for assistance, on
the basis of reciprocity, in the implementation of witness protection
programmes. For the purpose of enhancing the protection of
witnesses such agreements may provide for the possibility of
transferring to another country a protected witness or receiving
from another country a witness admitted to a programme in that
country similar to that referred to under article 75.
Revocation of 
status of protected 
witness.
Added by:
XIII. 2002.4.
85. (1) The Attorncy 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.
                                POLICE                      [ CAP. 164.             21
Revocation of 
status for victims 
of crime.
Added by:
XIII. 2002.4.
Cap. 9.
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 to in articles 100 to 105 of the Criminal 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.
Requests to 
Attorney General 
or to persons in 
authority.
Added by:
XIII. 2002.4.
87. A request by a person to be considered a protected witness
may be made to the Attorney General, who shall decide the request
as provided in article 80(2). The Attorney General may not be
brought as a witness against the person requesting to be admitted to
the programme or to prove that he made any such request.
Applicability of 
benefits.
Added by:
XIII. 2002.4.
88. The benefits under this Act or under any regulations made
thereunder shall not apply to a person who results to be the head of
the criminal organisation or group, or the main instigator or
beneficiary of the crime.
Extension to 
witnesses not 
participants in the 
crime.
Added by:
XIII. 2002.4.
89. A witness protection programme may also be extended to a
witness in any criminal proceedings in respect of a crime as is
mentioned in article 76 and who has not participated in any way in
such crime.
Hearing of 
vulnerable 
witnesses by 
means of a 
contemporaneous 
video conference.
Added by:
XIII. 2002.4.
90. (1) Any minor, any victim of any crime against the peace
and honour of families, and against morals, and any other witness
who in the opinion of the court 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 regulations to lay down anything that needs to be
prescribed for the setting up of a contemporaneous 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 greater protection of the
personal safety, sense of modesty, psychological stability of such
witnesses as may, on account of special circumstances, require
such protection.
PART IV
POWERS OVER PRIVATE PROPERTY
Limits.
Added by:
XIII. 2002.4.
91. A police officer may interfere with the enjoyment of
private property only to the extent authorised by law.
Definition of 
powers.
Added by:
XIII. 2002.4.
92. Saving the special provisions of any other law allowing
interference by the Police with the enjoyment of private property,
the Police shall have the following powers to interfere with a thing
in the following circumstances:
( 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
  22        CAP. 164. ]                 POLICE
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.
93. The Minister may make regulations laying down
conditions in addition to those specified in article 92 for the
exercise of the powers mentioned in that article and may also
specify the terms under which anything removed in the exercise of
those powers is to be released to the person entitled to the delivery
thereof including the payment of any dues and expenses incurred
for the removal of the thing.
Exemptions.
Added by:
XIII. 2002.4.
 94. (1) The Force shall not be held responsible for any
damage to or loss of property where it results that in respect of that
property the Police acted in the lawful execution of any law and
that action was reasonably justified in the circumstances.
(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.
95. Any person from whose possession any item of property
has been seized by the Police in the course of an investigation or
otherwise having an interest in the same property, may by
application request a Magistrate to release in his favour the
property so seized. The Magistrate shall decide on the request after
having heard the reply of the Police.
PART V
THE USE OF FORCE
Proportionality.
Added by:
XIII. 2002.4.
96. Police officers may use such moderate and proportionate
force as may be necessary to ensure the observance of the laws.
Remedy of last 
resort.
Added by:
XIII. 2002.4.
97. The use of force is a remedy of last resort and shall only be
used for the duration that is strictly necessary when it is evident
that all other remedies would be of no avail.
Relevant time.
Added by:
XIII. 2002.4.
98. If in any Court or tribunal any question arises as to the
reasonableness of the use of force the circumstances prevailing at
the time when force was used shall be the criterion for examining
such reasonableness.
Arms.
Added by:
XIII. 2002.4.
99. (1) In exceptional circumstances the Force may, in the
execution of its duties, use fire-arms and other offensive weapons
or materials.
(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.
                                POLICE                      [ CAP. 164.             23
Responsibility.
Added by:
XIII. 2002.4.
100. Saving any criminal or civil liability under any other law, it
shall be considered as an offence against discipline if a police
officer uses force for considerations extraneous to those permitted
by law and the circumstances of the case.
Regulations.
Added by:
XIII. 2002.4.
101. The Minister may make regulations concerning the use of
force and fire-arms by the Police.
General saving.
Added by:
XIII. 2002.4.
102. The provisions of this Part shall be in addition to any other
power conferred by any other law.
PART VI
POLICE ACADEMY
Establishment of 
the Police 
Academy.
Added by:
XIII. 2002.4.
103. There is hereby established the Police Academy,
hereinafter referred to as the "Academy"
Aims.
Added by:
XIII. 2002.4.
104. The aims and objectives of the Academy shall be -
( 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.
Board.
Added by:
XIII. 2002.4.
105. (1) The Academy shall be governed by a Board composed
of a Chairman, the Commissioner of Police  ex officio  or his
representative, the President of the Police Association or his
representative, and not less than five but not more than nine other
members chosen from among persons having knowledge 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.
  24        CAP. 164. ]                 POLICE
Director and staff.
Added by:
XIII. 2002.4.
106. (1) There shall be a Commandant who shall have the
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 Minister after consulting the Board and who shall 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 thejustice system.
PART VII
REGULATIONS, ORDERS AND FORMS
Minister may make 
regulations.
Added by:
XIII. 2002.4.
107. (1) The Minister responsible for the Police may make
regulations for the better carrying out of the provisions of this Act
and for the general governance of the Force, and without prejudice
to the generality of the foregoing, in particular as to any matters
which the Commissioner is authorised to regulate by standing
orders, and when such regulations are made, they shall prevail over
any standing orders made or to be made by the Commissioner.
(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.
108. The Commissioner may, subject to the provisions of this
Act and to any regulations made by the Minister responsible for the
Police, from time to time make standing orders for the general
governance of police officers in relation to their leave, conditions
of service, transfer (including expenses in connection therewith)
training, arms and accoutrements, clothing and equipment, places
of residence, classification and duties, as well as to their
distribution and inspection, and such other orders as he may deem
expedient to prevent negligence and for promoting efficiency and
discipline on the part of police officers in the discharge of their
duties.
Forms.
Added by:
XIII. 2002.4.
109. The Commissioner shall also provide for any forms (or
procedures) which may be required by or under this Act.
PART VIII
MISCELLANEOUS
Loyalty to Court.
Added by:
XIII. 2002.4.
110. (1) A prosecuting officer is an officer of the Court and as
such is in duty bound to behave dispassionately and with propriety,
and must show due respect to the Court.
                                POLICE                      [ CAP. 164.             25
(2) A prosecuting officer may not submit to the Court, even if
not under oath, any fact which he knows not to be true.
Manifestly 
unfounded 
prosecutions.
Added by:
XIII. 2002.4.
111. It shall be an offence against discipline for a police officer
to charge a person before the courts with an offence which is
manifestly unfounded. The provisions of Title IV of Part II of this
Act shall apply in any such case.
The Police and the 
media.
Added by:
XIII. 2002.4.
112. (1) No police officer shall give any details to the press or
the broadcasting media regarding the identity of any person
arrested on a reasonable suspicion that he committed an offence.
(2) The Police shall not issue to the press, either directly or
indirectly, any information about the identity of the person who is
about to be charged before the courts or of any investigation
concerning any suspect.
Information in the 
interest of public 
safety and security.
Added by:
XIII. 2002.4.
113. Notwithstanding the provisions of the preceding article, the
Police may, in the interests of public safety and security, issue
warnings about any person who is at large indicating enough details
for the identification of such a person and about his mode of
behaviour or system of conduct.
Offences against 
discipline.
Added by:
XIII. 2002.4.
114. (1) Any violation of article 112 shall be deemed an
offence against discipline.
(2) The use of data for a purpose other than as allowed by law
shall, without prejudice to the provisions of any other law,
constitute an offence against discipline.
Liaison with local 
councils.
Added by:
XIII. 2002.4.
115. (1) The police officer in charge of a division shall hold
regular meetings at suitable intervals with representatives of the
local council of each locality in his division to discuss any matters
which fall within the responsibility of the Police.
(2) Minutes of such meetings shall be kept and the progress
made between one meeting and another shall be monitored by the
Superintendent in charge of the district and the Assistant
Commissioner in charge of the region.
Enquiries by 
Commissioner.
Added by:
XIII. 2002.4.
116. (1) The Commissioner may hold an inquiry into any
matter concerning the administration of the Force which he
considers serious enough to require such an investigation.
(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
Police Board established by this Act may take, and the Police
Board may recall and pursue the inquiry if it falls within its
competence.
International co-
operation.
Added by:
XIII. 2002.4.
117. The Police may, directly or through regional or
international police organisations, co-operate with any state agency
having similar powers and duties in any other country.
  26        CAP. 164. ]                 POLICE
Animals used by 
the Force.
Added by:
XIII. 2002.4.
118. (1) The Force shall continue to make use of animals in
the performance of certain operations and in ceremonial functions.
(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
animal that is no longer of use 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.
General 
provisions.
Added by:
XIII. 2002.4.
119. (1) Where under this Act anything falls to be decided by
a Magistrate, such a decision shall be by a decree which shall state
the reasons of fact and law on which it is based.
(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 believes to be true and reasonable, and the
Magistrate may in all cases require that the application be
confirmed on oath. In urgent cases, as the Magistrate may
ascertain, the request may be made either by facsimile 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.
Serving Police 
officers.
Added by:
XIII. 2002.4.
120. All persons who at the at the time of commencement of the
Malta Police Ordinance were serving as Police officers shall be
deemed to have been appointed under that Ordinance as in force
prior to the coming into force of the Malta Police Ordinance
(Amendment) Act, 2001, and shall be considered to have duly
taken the oath of office as required by such law.
Added by:
X.1990.2.
PART IX 
PENSIONS 
Minister may make 
pension 
regulations.
Amemded by:
XIII. 2002.5.
121. (1) It shall be lawful for the Minister responsible for the
Police with the concurrence of the Minister responsible for finance
to make, and when made, to vary and revoke regulations for the
granting of pensions to persons who have served in the Police
Force or to their legal representatives or dependants:
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.
                                POLICE                      [ CAP. 164.             27
(3) No regulation made under this article shall have effect
unless it has received the prior approval 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.
Pensions to be 
charged on 
revenues of Malta.
Amemded by:
XIII. 2002.5.
122. There shall be charged on and paid out of the Consolidated
Fund all such sums of money as may from time to time be granted
by way of pension in accordance with this Act.
Circumstances in 
which pension may 
be granted.
Amemded by:
XIII. 2002.5.
123. No pension shall be granted to any Police officer except on
his retirement from the Force in any one of the following cases - 
( 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.
Amemded 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) .
Maximum pension 
grantable.
Amemded by:
XIII. 2002.5.
125. (1) A pension granted to a Police officer under this Act
shall not exceed two-thirds of the highest pensionable emoluments
drawn by him at any time in the course of his service in the Force.
(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 emoluments at any
time in the course of his service in the Force by more than the sum
by which his pension or pensions, apart from such additional
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 - 
  28        CAP. 164. ]                 POLICE
(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.
Pensions not to be 
assignable. 
Amemded by:
XIII. 2002.5.
Cap. 12.
126. No pension under this Act shall be assignable, transferable
or liable to be attached, sequestrated or levied upon, for or in
respect of any debt or claim whatever, except in so far as is
provided in article 318(3) of the Code of Organization and Civil
Procedure.
Pension to be 
reduced in certain 
circumstances.
Amemded by:
XIII. 2002.5.
127. A Police officer, who retires on grounds listed in article
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 fifty liri, 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
                                POLICE                      [ CAP. 164.             29
income; and 
by subtracting therefrom the yearly sum of fifty liri.
(3) Any reduction in the pension under subarticle (1) shall be
calculated on the basis of the pension, the remuneration or other
income, and the salary, receivable during a period of twelve months
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
sub-article any pension to which he may be entitled under this Act
shall forthwith cease:
Provided that on good cause being shown the pension or
other allowance may be restored, with or without retrospective
effect, by the Prime Minister.
Added by:
XIII. 2002.7.
FIRST SCHEDULE
(Article 16)
Oath of office of Police Offlcers
" I ........................ solemnly swear/affirm that I will bear
true faith and allegiance to the people and the Republic of Malta
and its Constitution and that I will faithfully serve the said
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.
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 statute, and which shall be the
  30        CAP. 164. ]                 POLICE
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.
ARTICLE 2
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
                                POLICE                      [ CAP. 164.             31
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;
3.4.3 in the event that a member has not contributed for
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
Sobscription
4.1 A member’s subscription shall be due and payable
quarterly in advance, at the rate of Lm5.
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 the European Council 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:
  32        CAP. 164. ]                 POLICE
8.1.1 the General Conference;
8.1.2 the Executive Committee
8.1.3 the Branch Boards.
ARTICLE 9
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
Executive Committee, 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 General; 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
carrying out or making arrangements for negotiations with
                                POLICE                      [ CAP. 164.             33
competent authorities. The juridical representation of 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.
10.5 The Executive Committee shall implement decisions
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
  34        CAP. 164. ]                 POLICE
ARTICLE 12
Auditors
12.1 The treasurer shall be responsible for the funds of the
Association. Payments shall always be through a cheque account,
which shall require the signature of the Treasurer and another
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 fmancial 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 limited duration or for specific tasks, the Executive
Committee shall decide.
ARTICLE 13
Dissolution
13.1 The Association may be dissolved with the consent of five-
sixths of the members, at the General Conference, 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
funds shall be transferred to the Police Force, to be held until
eventually another Association is formed with the aim and
objectives similar to those of the Malta Police Association:
Amended by: 
L.N. 148 of 1975;
XIII. 2002.6.
THIRD SCHEDULE 
(Article 33)
OFFENCES AGAINST DISCIPLINE
Discreditable 
conduct.
1. Discreditable conduct, that is to say, if a member of the
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
Deputy 
Commissioner
One Commissioner One
                                POLICE                      [ CAP. 164.             35
tendency to bring the Commissioner or the
administration of the Force into hatred, contempt or
ridicule; or
( d ) acts or issues any orders, or causes or incites anyone to
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.
2. Insubordinate or oppressive conduct, that is to say if a
member of the Force -
( 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.
3. Disobedience to orders, that is to say, if a member of the
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
  36        CAP. 164. ]                 POLICE
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.
Neglect of duty. 4. Neglect of duty, that is to say, if a member of the Force - 
( 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.
Falsehood or 
prevarication.
5. Falsehood or prevarication, that is to say, if a member of
the Force - 
( 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.
                                POLICE                      [ CAP. 164.             37
Breach of 
confidence.
6. Breach of confidence, that is to say, if a member of the
Force -
 ( a ) divulges any matter which it is his duty to keep secret;
or
( 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.
( 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
  38        CAP. 164. ]                 POLICE
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.
Unlawful or 
unnecessary 
exercise of 
authority.
8. Unlawful or unnecessary exercise of authority, that is to
say, if a member of the Force without good and sufficient cause -
( 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.
Malingering. 9. Malingering, that is to say, if a member of the Force feigns
or exaggerates any sickness or injury with a view to evading duty.
Absence without 
leave.
10. Absence without leave or being late for duty, that is to say,
if a member of the Force without reasonable excuse is absent
without leave from, or is late for, parade, court or any other duty.
Uncleanliness. 11. Uncleanliness, that is to say, if a member of the Force
while on duty or while off duty in uniform in a public place is
unshaven, or improperly dressed, or is dirty or untidy in his person,
clothing or equipment.
Damage to 
clothing, etc.
12 . Damage to clothing or other articles supplied, that is to
say, if a member of the Force - 
( 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.
Drunkenness. 13. Drunkenness, that is to say, if a member of the Force while
on or off duty, is unfit for duty through drink.
Drinking on duty. 14. Drinking on duty or soliciting drink, that is to say, if a
member of the Force -
                                POLICE                      [ CAP. 164.             39
( 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
intoxicating liquor while he is on duty.
Entering licensed 
premises.
15. Entering licensed premises, that is to say, if without
permission a member of the Force enters - 
( 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.
16. Lending, borrowing or accepting presents, that is to say, if
a member of the Force lends money to any superior in rank or
borrows money or accepts any present from any inferior in rank.
Criminal 
conviction.
17. Conviction for a criminal offence, that is to say, if a
member of the Force has been found guilty by a court of law of a
criminal offence.
Accomplice in 
offence.
18. Being an accomplice in a disciplinary offence, that is to
say, if a member of the Force connives at, or knowingly commits an
act of complicity in, any offence against discipline.
Conduct 
prejudicial to good 
order.
19. Breach of order, that is to say, if a member of the Force
conducts himself, by act or omission, in any manner prejudicial to
good order or discipline, or otherwise unbecoming a member of the
Force, and not elsewhere provided for in this Schedule.
Interpretation.
means any person in any 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.
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
carried out so that all members of the Police Force, arrested
persons, or members of the public may read it. Where according to
this Code, any person is to be given any information, this
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.
  40        CAP. 164. ]                 POLICE
1. Purpose of Questioning
First of all, remember that the aim of the questioning is to
examine whether the reasonable suspicion in the person being
interrogated is valid or not, and if valid, to collect facts and
evidence in favour and against the person interviewed for the
purpose of arraigning such person 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
statement's importance as proof, our Courts are strict and
meticulous in the criteria they have adopted to ensure that a
statement is made in conformity with article 658 of the Criminal
Code, that is to say the statement is made "voluntarily and not
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
under Police control, except when there are serious reasons
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
defence based on a fact which you did not state during
interrogation".
PROCEDURES FOR QUESTIONING
5. Identification of Police Officers
The person conducting the interrogation and all other
persons present shall identify themselves to the person being
interrogated.
6. Recording of Caution
                                POLICE                      [ CAP. 164.             41
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 any recorded statement of the offence which is being
investigated.
8. Procedure for drafting of statement
As far as possible, the statement should contain the exact
words used by the suspected person, without using "official"
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 registered at the beginning 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 statement 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 person. 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
records must also indicate 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
  42        CAP. 164. ]                 POLICE
and such request shall form part of the custody records of the
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 another 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 interruption 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 there is no such interroption 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 refreshment 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 16
years of age are being interviewed. As far as possible, and if this is
not prejudicial to the investigation, 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.
                                POLICE                      [ CAP. 164.             43
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 ifjokingly; 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;
  44        CAP. 164. ]                 POLICE
( 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
sick or deaf. The investigating officers shall not proceed to an
interview without the prior intervention and certification of a
medical practitioner, as to the suitability of conducting the
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
                                POLICE                      [ CAP. 164.             45
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 allegations by arrested persons of any improper treatment
during their arrest. Consequently, the observance of these rules not
only improves the image of the Police Force in the eyes 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.
FIFTH SCHEDULE 
[Article 121]
POLICE PENSIONS REGULATIONS, 1990
General Regulations
Short title.
Regulations, 1990.
Pensions to whom 
and at what rates to 
be granted.
2. Subject to the provisions of the Malta Police Act,
hereinafter called the Act, and of these regulations, every Police
officer, who has been in the Force for 10 years or upwards, may be
granted a pension at the rate of one four-hundred and fiftieth of his
pensionable emoluments for each complete month of pensionable
service, subject to the limit described in article 125 of the Act.
Service to be 
unbroken.
3. The service in respect of which a pension may be granted
must be unbroken, except in cases where the service has been
interrupted by abolition of office or other temporary suspension of
employment, and not arising from misconduct or voluntary
resignation:
  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.
4. (1) For the purpose of computing the amount of the
pension of a Police officer who has had a period of not less than
three years’ pensionable service under the Act before his
retirement-
( 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
  46        CAP. 164. ]                 POLICE
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 period 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
                                POLICE                      [ CAP. 164.             47
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
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 date of his retirement 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.
Computation of 
pensions.
5. (1) For the purpose of computing the amount of a Police
officer’s pension the following periods shall be taken into account
as pensionable service:
( 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 above 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 deemed to include "compulsory retirement on the ground of
public interest", and the term "dismissed" shall be construed
accordingly.
  48        CAP. 164. ]                 POLICE
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 - 
( a ) the period of such acting service was not part of the
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.
Abolition or 
reorganization of 
office.
7. If a Police officer retires or is removed from the Force in
consequence of the abolition of his office, or for the purpose of
facilitating improvements in the Force, by which greater efficiency
and economy can be effected, he may be granted a pension:
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 recalled 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.
Rates of pension 
when offices are 
abolished.
8. A Police officer whose office is abolished may be granted
an increase of his pension at the rate of one-sixtieth part of his
annual pensionable emoluments for each complete period of three
years’ pensionable service:
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.
Officers retiring on 
account of injuries.
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,
                                POLICE                      [ CAP. 164.             49
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:
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
reduced to such an extent as the Prime Minister shall think
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.
Pensions to 
officers when 
service is less than 
10 years.
(2) A Police officer so injured, whose length of service is not
such as to qualify him for a pension under regulation 2, may
nevertheless be granted a pension at the rate of one four-hundred
and fiftieth of his pensionable emoluments for each complete
month of pensionable service together with such additional pension
as might be awarded to him under the preceding part of this
regulation if he were qualified for pension.
Pension to widows 
of officers, killed 
in the discharge of 
duty.
10. (1) Where a Police officer without his own default has
been killed in the actual discharge of his duty or has died from such
injury specifically attributable to the nature of his duty or has been
killed while in the actual discharge of his duty, a pension may be
granted to his widow, while unmarried not exceeding ten-sixtieth of
the husband’s pensionable emoluments at the day of injury; and a
pension may be granted to each child of such officer, until such
child attains the age of eighteen years, not exceeding one-sixth of
the rate awardable to the widow, so long as the aggregate of the
children’s pensions do not exceed the rate awardable to the widow.
(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
  50        CAP. 164. ]                 POLICE
widow, pensions may be granted to them of twice the amount of the
pensions for which they would have been eligible in the
circumstances.
(4) If the deceased does not leave a widow or motherless
children, but leaves a mother who was wholly dependent on him for
maintenance, the award which might have been made to the widow
had there been one left, may be made to the mother, but it shall
cease, if she be widow, in case of remarriage.
Good conduct 
required.
11. (1) Pensions, computed at the rates before mentioned,
shall only be granted in case of decidedly faithful and meritorious
service. 
(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.
