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The Various Laws (Criminal Matters) (Amendment) Act, 2010 (Bill No. 45)

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A BILL

entitled

AN ACT further to amend various laws related to criminal matters

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

1. The title of this Act is the Various Laws (Criminal Matters) (Amendment) Act, 2010.

PART I

2. (1) This Part amends the Criminal Code and it shall be read and construed as one with the Criminal Code, hereinafter in this part referred to as "the Code".

(2) This Part shall come into force on such date as the Minister responsible for justice may, by notice in the Gazette establish, and different dates may be so established for different provisions and different purposes thereof.

3. Immediately after sub-article (2) of article 23A of the

Code, there shall be inserted the following new sub-articles:
"(3) Where the court does not proceed forthwith to make an order as required under sub-article (2) the court shall forthwith make a temporary freezing order having the same effect as an order made under article 5 of the Act which temporary order shall remain in force until such time as the court makes the order required by the said sub-article.

Short title.

Amendment of the Criminal Code.

Cap. 9.

Amendment of article 23A of the Code.

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(4) Where for any reason whatsoever the court denies a request made by the prosecution for an order under sub-article (2) the Attorney General may, within three working days from the date of the court’s decision, apply to the Criminal Court to make the required order and the provisions of article 5 of the Act shall apply mutatis mutandis to the order made by the Criminal Court under this sub-article as if were an order made by the court under the same article 5. The temporary freezing order made under sub-article (3) shall remain in force until the Criminal Court determines the application.

Addition of

new article 23D

to the Code.

Amendment of article 119 of the Code.

Amendment of article 121 of the Code.

(5) The person charged may within three working days from the date of the making of the order under sub-article (2) apply to the Criminal Court for the revocation of the order provided that the order made under sub-article (2) shall remain in force unless revoked by the Criminal Court.".

4. Immediately after article 23C of the Code there shall be added the following new article:

"23D. (1) Where the court makes any order as is mentioned in articles 23A to 23C, both articles inclusive, it shall order the registrar to conduct inquiries to trace and ascertain the whereabouts of any moneys or other property, due or pertaining to or under the control of the person charged or accused or convicted, as the case may be:
Provided that for the purposes of this sub-article "property" and "proceeds" shall have the meaning assigned to them respectively by article 23B(3).
(2) Whosoever is required by the Registrar to provide information for the purpose of sub-article (1) shall comply with the demand within thirty days from the day of receipt of the demand by registered post.".

5. Article 119 of the Code shall be amended as follows:

(a) after the words "perpetual general interdiction", there shall be inserted the words "or perpetual special interdiction, or both, as the case may be,";
(b) after the words "temporary general interdiction" there shall be inserted the words "or temporary special interdiction, or both, as the case may be,".

6. Article 121 of the Code shall be amended as follows:

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(a) in sub-article (2) thereof, for the words "article 115." there shall be substituted the words "article 115:", and immediately thereafter there shall be inserted the following new proviso:
"Provided that the term "juror" shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on the guilt of an accused person in the framework of a trial within the judicial system of a state other than Malta.";
(b) in paragraph (a) of sub-article (4) thereof, for the words "domestic assembly" there shall be substituted the words "domestic public assembly";
(c) in paragraph (g) of sub-article (4) thereof, for the words "in Malta:" there shall be substituted the words "in Malta;", and immediately thereafter, there shall be added the following new paragraph (h):
"(h) any person:
(i) called upon to act as arbitrator in accordance with the provisions of the Arbitration Act, whether such arbitration is domestic or international;
(ii) who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to such person by the parties to the agreement; and
(iii) who is an arbitrator exercising his functions under the national legislation of any state other than Malta:".

7. Article 188 of the Code shall be amended as follows:

(a) the present provision thereof shall be renumbered as sub- article (1) thereof; and
(b) immediately after sub-article (1) thereof as renumbered there shall be inserted the following new sub-article:
"(2) Where the document referred to in sub-article (1) is not one intended for any public authority the punishment shall be that of imprisonment not exceeding one year or a fine (multa).".

Cap. 387.

Amendment of article 188 of the Code.

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Addition of new article to the Code.

Amendment of article 208 of the Code.

Amendment of article 208A of the Code.

8. Immediately after article 204C, there shall be added the following new article:

"204D. Whosoever:
(a) compels a person under age to perform sexual activities with another person, or
(b) knowingly causes, for sexual purposes, a person under age to witness sexual abuse or sexual activities, even without causing the said person to participate in the activities, or
(c) knowingly causes, for sexual purposes, a person under age to participate in real or simulated sexually explicit conduct or exhibition of sexual organs, including through information and communication technologies, or
(d) participates in sexual activities with a person under age, where recourse is made to child prostitution, or
(e) knowingly attends a pornographic performance involving the participation of a person under age,
shall, on conviction, be liable to imprisonment for a term from eighteen months to five years, with or without solitary confinement.".

9. In sub-article (1) of article 208 of the Code:

(a) for the words "not exceeding six months" there shall be substituted the words "from six to twelve months";
(b) for the words "not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87)," there shall be substituted the words "of not less than one thousand euro (1,000) and not more than three thousand euro (3,000),".

10. Article 208A shall be amended as follows:

(a) for sub-article (1) thereof there shall be substituted the following:
"(1) Any citizen or permanent resident of Malta whether in Malta or outside Malta, as well as any person in Malta, who makes or produces or permits to be made or produced any indecent material or produces, distributes,
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disseminates, imports, exports, offers, sells, transmits, makes available, procures for oneself or for another, or shows such indecent material shall, on conviction, be liable imprisonment for a term from twelve months to five years.";
(b) sub-article (1B) thereof shall be substituted by the following:
"(1B) Any person who acquires, knowingly obtains access through information and communication technologies to, or is in possession of, any indecent material which shows, depicts or represents a person under age, shall, on conviction, be liable to imprisonment for a term from not exceeding three years.".
(c) in sub-article (3) thereof:
(i) for the words "shown in the photograph, film, video recording or electronic image," there shall be substituted the words "shown, depicted or represented in the indecent material,";
(ii) for the words "nine years:" there shall be substituted the words "nine years or where the indecent material shows, depicts or represents a minor involved in acts of bestiality, brutality, sadism or torture:";
(iii) in paragraph (a) thereof, for the words "eighteen months to seven years" there shall be substituted the words "two to nine years";
(iv) in paragraph (b) thereof for the words "three months to three years," there shall be substituted the words "six months to four years,";
(d) in sub-article (4) thereof, for the words "indecent photograph, film, video recording or electronic image" wherever they occur there shall be substituted the words "indecent material";
(e) in sub-article (5) thereof, for the words "such indecent photograph, film, video recording or electronic image" there shall be substituted the words "the indecent material";
(f) immediately after sub-article (6) thereof there shall be added the following new sub-article:
"(7) For the purposes of this article the expression
"indecent material" includes photographs, images, audio or
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Addition of new articles 208AA,

208AB and

208AC to the

video recordings, digitally created or electronic images, drawings, cartoons, text and simulated representations or realistic images of a minor, even if the minor is non-existent, or of the sexual parts of a child for primarily sexual purposes.".

11. Immediately after article 208A there shall be added the following new articles:

Code.

"Solicitation of person under age.

Advertisement of sexual tourism.

Aggravating circumstances.

208AA.Whosoever, by means of information and communication technologies, proposes to meet a person under age for the purpose of committing any of the offences in articles 204, 204A to 204D, both inclusive, and 208A, shall, where the proposal is followed by material acts leading to such a meeting, be liable on conviction to imprisonment for a term from twelve months to four years.

208AB. Whosoever disseminates any materials advertising the opportunity to commit any of the offences under articles 204, 204A to 204C, both inclusive, 208A(1) and 208A(1A), or is involved in the organization of travel arrangements with the purpose of committing any of the said offences, shall, on conviction, be liable to imprisonment for a term from twelve months to two years.

208AC. (1) The punishment for the offences referred to in articles 204, 204A to 204D, both inclusive, 208A (1) and 208(1A), shall be increased by one to two degrees in each of the following cases:

(a) where the offence results in harm to the physical or mental health of the person under age;
(b) where the person under age is a vulnerable person within the meaning of sub- article (2);
(c) where the offence is committed by two or more persons acting together;
(d) in any of the circumstances
described in paragraphs (a), (b), (c) and (h) of article 202;
(e) if the offender lives with or is a
member of the victim’s family;
(f) if the offender has been previously convicted of an offence under this sub-title.
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(2) For the purposes of this article a vulnerable person means:
(a) any person under the age of fifteen years; or
(b) any person suffering from a physical or mental infirmity; or
(c) any other person considered by
the court to be particularly at risk of being induced into cooperating with the offender or into surrendering to the offender’s will when taking into account the person’s age, maturity, health, pregnancy, disability, social or other conditions including any situation of dependence, as well as the physical or psychological consequence of the offence on that person.".

12. Article 208B shall be amended as follows:

(a) in sub-article (1) thereof, for the words "204A to 204C" there shall be substituted the words "204A to 204D" and for the words "208A(1) and (1A)" there shall be substituted the words "208A(1), (1A), 208AA and 208AB";
(b) in sub-article (2) thereof, for the words "exercising professional activities" there shall be substituted the words "exercising activities";
(c) immediately after sub-article (2) thereof, there shall be inserted the following new sub-articles:
"(2A) Where the court makes an order under sub-article (2) such order shall be registered in any criminal record of the offender.
(2B) Where the person convicted of any of the offences mentioned in sub-article (1) is the subject of an order as that provided for by sub-article (2) made by a foreign court the court shall order that effect shall be given to the order made by the foreign court as if it were an order made by the court under sub- article (2).".
(d) in paragraph (c) of sub-article (5) thereof, for the words "outside Malta." there shall be substituted the words "outside Malta; or" and immediately thereafter there shall be inserted the following new paragraph:

Amendment of article 208B of the Code.

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Amendment of article 225 of the Code.

Addition of new heading and

new article

248Bis to the

Code.

"(d) the offence was committed against a Maltese national or permanent resident in Malta.".

13. Article 225 shall be amended as follows:

(a) The present provision thereof shall be renumbered as sub- article (1) thereof and immediately thereafter there shall be inserted the following new sub-article:
"(2) Where the offender has caused the death of more than one person or where in addition to causing the death of a person the offender has also caused bodily harm to another person or other persons the punishment shall be increased by three to four degrees.".

14. Immediately after article 248 there shall be inserted the following new heading and new article:

"GENERAL PROVISION APPLICABLE TO OFFENCES UNDER SUB-TITLES I TO V, BOTH INCLUSIVE, AND SUB-TITLE VIII

Disability in case of offences against persons under age.

248 Bis. The provisions of sub-articles (2) and (2A) of article 208B shall apply to any person found guilty of any offence under Sub-titles I to V, both inclusive, and Sub-title VIII when committed against a person under age.".

Substitution of article 248A(1) of the Code.

15. For sub-article (1) of article 248A of the Code there shall be substituted the following:

"248 A. (1) Whosoever, by any means mentioned in sub-article (2), traffics a person of age for the purpose of exploiting that person in:
(a) the production of goods or provision of services; or
(b) slavery or practices similar to slavery; or
(c) servitude; or
(d) activities associated with begging; or
(e) any other unlawful activities not specifically provided for elsewhere under this sub-title,
shall, on conviction, be liable to the punishment of imprisonment for a term from two to nine years.".
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16. Immediately after article 248D there shall be inserted the following new articles:

Addition of new articles 248DA and 284 DB to the Code.

"Improperly inducing consent to adoption

of a minor for purposes of

exploitation.

248DA. Whosoever, for any purpose referred to in articles 248A to 248C, both inclusive, acting as an intermediary for the adoption of a child improperly induces the consent of any person whose consent is required for the adoption shall on conviction be liable to the punishment laid down in article 248D.

Child labour. 248DB. Whosoever shall practice or engage in child labour for any of the purposes mentioned in article 248A shall, on conviction, be liable to the punishment established under article 248D.

For the purposes of this article child labour
shall include the coercion of a person under age into forced or compulsory labour for any purpose whatsoever including the forced or compulsory recruitment of minors to take part in armed conflict.".

17. Article 248E of the Code shall be amended as follows:

(a) in sub-article (1) thereof, for the words "transportation or transfer" there shall be substituted the words "transportation, sale or transfer";
(b) sub-article (2) thereof shall be amended as follows:
(i) in paragraph (a) thereof, for the words "by grievous bodily harm" there shall be substituted the words "by violence";
(ii) immediately after paragraph (c) thereof there shall be inserted the following new paragraphs:
"(d) is committed by a public officer or servant in the course of the exercise of his duties; or
(e) is committed against a vulnerable person within the meaning of sub-article (2) of article 204D; or
(f) when the offender willfully or recklessly endangered the life of the person trafficked,".

18. Immediately after article 272 of the Code there shall be inserted the following new article:

Amendment of article 248E of the Code.

Addition of new article 272A to the Code.

"Punishment for theft accompanied with grievous bodily harm from which death ensues.

272A. (1) Whosoever shall be guilty of theft accompanied with grievous bodily harm from which death ensues shall be liable:

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Addition of new heading and

new article

310C to the

Code.

(a) if the harm is grievous and death ensues as a result of the nature or the natural consequences of the harm and not of any supervening accidental cause,:-
(i) to imprisonment for a term from eight to thirty years, if death shall ensue within forty days to be reckoned from the midnight immediately preceding the crime;
(ii) to imprisonment for a term
from six to twenty five years, if death shall ensue after the said forty days, but within one year to be reckoned as above.
(b) if death shall ensue as a result of a supervening accidental cause and not solely as a result of the nature or the natural consequences of the harm, the offender shall, on conviction, be liable to imprisonment for a term from five to ten years.
(2) The provisions of article 220(3) shall apply where the harm is caused within the territorial limits of Malta but death occurs outside those limits.".

19. Immediately after article 310B there shall be inserted the following heading and new article:

"GENERAL PROVISION APPLICABLE TO OFFENCES UNDER SUB-TITLES I, II and III

Disability in case of offences against minors.

310C. The provisions of sub-articles (2) and (2A) of article 208B shall apply to any person found guilty of any offence under Subtitles I to III, both inclusive, when committed against a person under age.".

Amendment of article 314A of the Code.

Addition of new articles 314CA,

314CB, 314CC

and 314CD to

the Code.

20. In the definition of "lethal device" in sub-article (4) of article 314A, for the words "includes any thing that is designed" there shall be substituted the words "includes any radioactive dispersal or radiation-emitting device, and any other thing, that is designed" and immediately after the words "or radioactive material" there shall be inserted the words "or owing to its radiological properties".

21. Immediately after article 314C there shall be inserted the

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following new articles:

"Use of radioactive material, lethal device or nuclear facility with intent to cause death etc.

Where death or grievous bodily harm etc. is caused by use of radioactive material or lethal device.

314CA.Whosoever uses in any way radioactive material or a lethal device, or uses or damages a nuclear facility in a manner which releases or risks the release of radioactive material:

(a) with the intent to cause death or serious bodily injury; or
(b) with the intent to cause serious
damage to property or to the environment; or
(c) with the intent to compel a natural or legal person, an international organization or a State to do or refrain from doing an act,
shall on conviction be liable to imprisonment for a term from eight to thirty years even though no injury to any person, property or the environment has actually been caused and even if no natural or legal person or any international organization or any State has been compelled as aforesaid.

314CB.(1) If as a result of the offence referred

to in the last preceding article, any person shall perish, the offender shall be liable to the punishment of imprisonment for life.
(2) If as a result of the offence referred to in the last preceding article, a grievous bodily harm is caused to any person, the offender shall be liable to imprisonment for a term from four to twenty years:
Provided that if a grievous bodily harm is caused to two or more persons the punishment laid down in the last preceding article shall apply and shall not be awarded in its minimum.
(3) If as a result of the offence referred to in
the last preceding article:
(a) any serious spoil, damage or injury to or upon any movable or immovable property belonging to any person or to or upon the environment is caused;
(b) a natural or legal person or an
international organization or a State is compelled to do or to refrain from doing an act; the punishment therein mentioned shall
not be awarded in its minimum.
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Unlawful possession of radioactive material or making or possession of a lethal device.

(4) Where the offence takes place in, or is directed at, a public place, a state or government facility, an infrastructural facility or a public transportation system the punishment for the offence shall be increased by one degree.

314CC.(1) Whosoever unlawfully possesses radioactive material or makes or possesses a lethal device:

(a) with the intent to cause death or serious bodily injury; or
(b) with the intent to cause serious damage to property or to the environment
shall be liable to the punishment laid down
in article 313 increased by one or two degrees. (2) Whosoever –
(a) threatens, under circumstances
which indicate the credibility of the threat, to commit the offence under sub-article (1); or
(b) by the use of threats, under the
same circumstances aforesaid, or by the use of force, unlawfully and knowingly demands radioactive material, a lethal device or a nuclear facility
shall be liable to the punishment laid down in article 313 increased by one or two degrees. (3) Whosoever –
(a) organizes or directs others to commit an offence under sub-articles (1) to (3), both inclusive; or
(b) in any other way knowingly contributes to the commission of one or more of the offences under sub-articles (1) to (3), both inclusive, by a group of persons acting with a common purpose when such contribution is made with the aim of furthering the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit the offence or offences concerned,
shall be liable to the punishment laid down for the offence under sub-articles (1) to (3), both inclusive, as the case may be, provided that where that offence has only been attempted but not completed the punishment shall be that laid down for the attempted offence.
(4) In this article and in articles 314CA and
314CB:
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"lethal device" has the same meaning assigned to it by sub-article (4) of article 314A and includes a nuclear explosive device;
"nuclear facility" means:
(a) any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;
(b) any plant or conveyance being
used for the production, storage, processing or transport of radioactive material;
"nuclear material" shall have the same meaning
assigned to it by sub-article (4) of article 314B; "radioactive material" means nuclear material
and other radioactive substances which contain
nuclides which undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
"public transportation system" "state or government facility", and "infrastructure facility" shall have the same meaning assigned to them respectively by sub-article (4) of article 314A.

Jurisdiction. 314CD. Without prejudice to the provisions of

article 5, the Maltese courts shall also have jurisdiction over the offences in articles 314A, 314B,
314C, 314CA and 314CB, where:
(a) the offender is a Maltese national or permanent resident in Malta; or
(b) the offence is committed against a
Maltese national or permanent resident in
Malta; or
(c) the offence is committed in an attempt to compel Malta to do or to abstain from doing an act; or
(d) the offence is committed on board
an aircraft which is operated by the
Government of Malta; or
(e) the offence is committed against Malta or a government facility of Malta abroad, including an embassy or other diplomatic or consular premises of Malta.".
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Amendment of article 314D of the Code.

Amendment of article 328 of the Code.

Amendment of article 337B of the Code.

Amendment of article 337C of the Code.

Amendment of article 338 of the Code.

22. In sub-article (3) of article 314D in the definition of "relevant offence" for the words "314B and 314C" there shall be substituted the words “314B, 314C, 314CA and 314CC".

23. In the proviso to article 328 of the Code, for the words "public property" there shall be substituted the words "public property, other than a motor vehicle,".

24. In sub-article (1) of article 337B, immediately after the definition of "computer" there shall be inserted the following:

" "computer data" means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;".

25. Sub-article (1) of article 337C shall be amended as follows:

(a) paragraph (e) thereof shall be substituted by the following: "(e) hinders or impairs the functioning or operation of a
computer system, software or the integrity or reliability of any
data;";
(b) in paragraph (g) thereof, for the words "erases, destroys, varies" there shall be substituted the words "damages, deletes, deteriorates, suppresses, destroys, varies";
(c) in paragraph (j) thereof, for the words "other law." there shall be substituted the words "other law;" and immediately thereafter there shall be added the following new sub-paragraphs:
"(k) intercepts by technical means, non-public transmissions of data, to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data;
(l) produces, sells, procures for use, imports, distributes, possesses or otherwise makes available a device, including a computer program, designed or adapted primarily for the purpose of committing any of the acts in paragraphs (a) to (j) above.".

26. Immediately after paragraph (ll) of article 338 of the Code there shall be added the following new paragraph:

"(mm) uses gas canons or any other equipment that works manually or automatically, to produce noises, mainly intended
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to keep away animals from fields or other open spaces:
Provided that in such a case, besides awarding punishment, the Court shall also order the removal of the equipment.".

27. Immediately after sub-article (4) of article 362 there shall be added this new sub-article:

"(5) The provisions of sub-articles (3) and (4) of this article shall mutatis mutandis apply to the service of the summons and of any accompanying documents whenever a person is to be served with any summons and with any accompanying documents in accordance with any other provision of this Code or of any other law.".

28. In paragraph (d) article 374 of the Code for the words "if the complainant does not appear" there shall be substituted the words "if for the first sitting the complainant does not appear".

29. The present provision of article 435AA shall be renumbered as sub-article (1) thereof and immediately thereafter there shall be inserted the following new sub-articles:

"(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the monitoring is taking place or has been applied for, discloses that such monitoring is taking place or has been applied for or makes any other disclosures likely to prejudice the monitoring operation shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding twelve thousand euro (12,000) or to imprisonment not exceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this sub-article, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the monitoring operation.
(3) For the purposes of this article, "relevant offence" means an offence, not being one of an involuntary nature, consisting of any act or omission which if committed in these islands, or in corresponding circumstances, would constitute an offence liable to the punishment of imprisonment or of detention for a term of more than one year.".

30. Article 435BA shall be amended as follows:

Amendment of article 362 of the Code.

Amendment of article 374 of the Code.

Amendment of article 435AA of the Code.

Amendment of article 435BA of the Code.

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(a) the present provision thereof shall be renumbered as sub- article (1) thereof;
(b) in sub-article (1) thereof as renumbered, for the words "of a suspect" there shall be substituted the words "of a person suspected of a relevant offence within the meaning of sub-article (3) of article
435AA";
(c) immediately after sub-article (1) thereof as renumbered there shall be inserted the following new sub-article:

Addition of new article 435BB to the Code.

"(2) Where a person or authority has been indicated by the Attorney General as provided under article 435AA, that person or authority shall transmit the information resulting from the monitoring operation to the Attorney General."

31. Immediately after article 435BB there shall be added a new article:

"Temporary surrender to foreign country of person in custody in Malta at request of foreign authority.

435BC.(1) Pursuant to and in accordance with any treaty, convention, agreement or understanding to which Malta is a party or which is otherwise applicable to Malta, the Attorney General may, with the concurrence of the Minister responsible for Justice, give his consent to the temporary surrender of a person in custody in Malta for the purpose of an investigation to be carried out or being carried out by a judicial, prosecuting or administrative authority of any place outside Malta at the request of the said authority.
(2) The person surrendered shall be kept in custody in the place outside Malta to which he has been surrendered.
(3) Any time spent in custody in the place outside Malta shall be deemed to be time spent in custody in Malta.".

Amendment of article 525 of the Code.

Amendment of article 541 of the Code.

32. In sub-article (3) of article 525, for the words "article

397(5) and " there shall be substituted the words "article 397, mutatis mutandis the provisions of sub-articles (2) to (4), both inclusive, of article 467 and" and immediately after the words "of criminal judicature" there shall be inserted the words "under sub-article (1) of article 370 or under any other provision of this Code or of any other law.”.

33. In sub-article (3) of article 541, for the words "Attorney General within two" there shall be substituted the words "Attorney General, together with the record of the proceedings, within two".

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34. Immediately after sub-article (3) of article 550A there shall be added a new sub-article:

"(4) The Magistrate shall communicate to the Attorney General such information about the inquest as may be requested by the Attorney General who moreover shall, at all times, have access to the record of the proceedings of the inquest and to all documents and material objects exhibited in the course of the inquest including the reports of experts and depositions of witnesses.".

35. Immediately after sub-article (13) of article 649 there shall be added the following new sub-article:

"(14) Where the Attorney General has made a declaration as provided in sub-article (2), foreign officials designated by the foreign authority or international court which made the request shall be entitled to be present for the examination of witnesses or when investigative measures are being taken.".

PART II

36. (1) This Part amends the Code of Police Laws and it shall be read and construed as one with the Code of Police Laws, hereinafter in this Part referred to as "the Code".

(2) This Part shall come into force on such date as the Minister responsible for Justice may by notice in the Gazette establish and different dates may be so established for different provisions and different purposes thereof.

37. Immediately after the heading "OF ANIMALS" in Part

VIII of the Code, there shall be added the following new articles:
Cap.439. "152. For the purposes of this Part "animal" shall have the same meaning assigned to it in article 2 of the Animal Welfare Act.”

Amendment of article 550A of the Code.

Amendment of article 649 of the Code.

Amendment of the Code of Police Laws. Cap. 10.

Addition of new articles 153 and

154 to the Code.

153. Any person who keeps confined or causes or suffers any animal to be kept confined in any place shall take such precautions as may be required by the circumstances to prevent such animal from giving annoyance to the neighbourhood by howling or whimpering or otherwise.".

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Amendment of the Traffic Regulation Ordninace. Cap. 65.

Substitution of article 15B of the principal law.

Amendment of article 15E of the principal law.

PART III

38. (1) This Part amends the Traffic Regulation Ordinance and it shall be read and construed as one with the Traffic Regulation Ordinance, hereinafter in this Part referred to as "the principal law".

(2) This Part shall come into force on such date as the Minister responsible for transport may by notice in the Gazette establish and different dates may be so established for different provisions and different purposes thereof.

39. Article 15B of the principal law shall be substituted by the following:

"15B. (1) No person shall drive, attempt to drive or be in charge of a motor-car or other vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.
(2) The Minister responsible for the Police may make regulations which provide for –
(a) the procedures to be adopted by the Police in the carrying out of breathalyser tests;
(b) the determination of the type of device to be used for the taking of the breathalyser test;
(c) the procedure for the taking of body fluid specimens including blood;
(d) the determination of the laboratory for the taking of body fluid specimens including blood:
Provided that the Minister responsible for the Police may, by regulations made under this Ordinance, amend, repeal or repeal and re-enact the schedules to this Ordinance.".

40. Article 15E of the principal law shall be amended as follows:

(a) sub-article (1) thereof shall be amended as follows:
(i) for the words "under articles 15A and 15B ", there shall be substituted the words "under articles 15A and 15B(1)";
(ii) paragraph (a) thereof shall be substituted by the following:
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"(a) to provide a breath specimen or specimens for analysis by means of the approved device, according to regulations made under this Ordinance, and the result so obtained shall be admissible in evidence in any proceedings for an offence under articles 15A or
15B(1).The results of the analysis shall be presumed
correct unless the contrary is proved; or";
(iii) paragraph (b) thereof shall be substituted by the following:
"(b) to provide a specimen or specimens of blood and urine for laboratory analysis, which shall take place at an approved laboratory, according to regulations made under this Ordinance, and the opinion of the analyst in that laboratory and the results of the analysis shall be admissible in evidence in any proceedings for an offence under articles 15A or 15B(1). The results of the analysis shall be presumed correct unless the contrary is proved.";
(b) sub-articles (2) and (3) thereof shall be deleted;
(c) in sub-article (4) thereof, for the words "A person who refuses or fails to provide a specimen as provided under this article shall be guilty of an offence:" there shall be substituted the words "A person who refuses or fails to provide the requisite specimen as provided under this article or regulations made under this Ordinance shall be guilty of an offence and unless the contrary is proved, it shall be presumed that the proportion of alcohol in that person’s blood exceeds the prescribed limit:"; and
(d) sub-article (5) thereof shall be deleted and sub-article (6)
thereof shall be renumbered as sub-article (5) thereof.

41. Article 15F of the principal law shall be substituted by the following:

"15F. (1) A person required to provide a specimen of breath or body fluid and who consents to such procedure may be detained by the Police until such person provides the necessary specimen or until the person is no longer a danger to himself or to others.
(2) The Minister shall by regulations establish, and may, when established, alter by regulations, the allowed proportion of alcohol in the breath.".

Amendment of article 15F of the principal law.

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Amendment of article 15H of the principal law.

Amendment of article 15I of the principal law.

Addition of new article to the principal law.

42. Sub-article (1) of article 15H of the principal law shall be amended as follows:

(a) in paragraph (a) thereof, for the words "four hundred and sixty-five euro and eighty-seven cents (465.87)" there shall be substituted the words "one thousand two hundred euro (1,200)"; and
(b) in paragraph (b) thereof, the words "one thousand two hundred (1,200) but not exceeding" shall be deleted.

43. Article 15I of the principal law shall be amended as follows:

(a) for the definition "breath test" in sub-article (1) thereof, there shall be substituted the following new definition:
" "breath test" means a test for the purpose of determining, by means of a device of a type approved by the Minister, whether the proportion of alcohol in a person’s breath is in excess of the limit prescribed by regulations under this Ordinance;"; and
(b) sub-article (3) thereof shall be substituted by the following new sub-article:
"(3) A person shall be deemed to have provided a specimen of urine or breath only if that specimen is provided in such a manner and in such quantity and of such quality as is capable of being properly analysed for the purposes of article
15E or for the purposes of regulations made under this
Ordinance.".

44. Immediately after article 15I of the principal law, there shall be added the following new articles:

Driving through or emerging a red light.

15J. Any person who drives a motor-car or other vehicle through or emerges a red light shall be guilty of an offence and on conviction shall be liable to a fine (multa) of two hundred and fifty euro (250).

Amends the First Schedule to the principal law.

45. The First Schedule of the principal law shall be substituted with the following:

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"FIRST SCHEDULE

First Column Second Column

Offence Punishment

Driving motor vehicle on caterpillar tracks

First offence Fine (multa) of not less than

€250 but not exceeding

€1,200

Subsequent offence Fine (multa) of not less than

€500 but not exceeding

€1,200 and forfeiture of vehicle"

46. Immediately after the last item of the Second Schedule to the principal law, there shall be inserted the following new items:

"Driving along a priority vehicle

lane Fine (ammenda) of €100

Driving on the right hand side not

for overtaking purposes Fine (ammenda) of €100

Driving a motor-car or other vehicle while holding and, or using a hand-

Amends the Second Schedule to the principal law.

held mobile telephone or any other similar hand-held device, while the motor vehicle is in motion

Driving or allowing to drive a motor vehicle when the glazing of

that vehicle does not allow a visible

Fine (ammenda) of €100

light transmission Fine (ammenda) of €100".

PART IV

47. This Part amends the Police Act and it shall be read and construed as one with the Police Act, hereinafter in this part referred to as "the principal law".

48. In the definition of "protected witness" in article 2 of the principal law, for the words "under article 75(1)." there shall be substituted the words "under article 75(1);" and immediately thereafter there shall be added the following new definitions:

" "seconding Member State" means the Member State of the
European Union which authorizes its officers or other officials to

Amendment of the Police Act. Cap. 164.

Amendment of article 2 of the principal law.

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participate in joint patrols and operations with the Police as provided in sub-article (1) of article 117A;
"seconded officers" means officers or other officials of a seconding Member State;

Cap. 460. "the European Union” means the European Union as referred to in the Treaty;

Amendment of article 108 of the principal law.

Addition of new articles 117A to

117E, both inclusive, to the

"the Treaty" shall have the same meaning assigned to it by article 2 of the European Union Act.".

49. The present provision of article 108 of the principal law shall be renumbered as sub-article (1) thereof and immediately thereafter there shall be added the following new sub-article:

"(2) The Commissioner may also make standing orders for the general governance of seconded officers as defined under article 117A.".

50. Immediately after article 117 of the principal law there shall be inserted the following new articles:

principal law.

"Joint patrols and other operations with officials from member states of the

European

Union.

Vesting or exercise of functions, powers and duties in or by seconded officers.

117A.(1) The Commissioner may authorize the competent authorities of a Member State of the European Union (hereinafter referred to as

‘seconding Member State’) to conduct in Malta,
jointly with or under the supervision or direction of the Police, patrols and other operations by officers or other officials (hereinafter referred to as
‘seconded officers’) of that State.
(2) The Commissioner may also grant the said authorization following a request by a foreign competent authority of a Member State.

117B.The Minister may, after consulting with the Commissioner and with the consent of the seconding Member State -

(a) confer any one or more of the functions, powers and duties as are by law vested in a member of the Police, to a seconded officer participating in joint operations or joint patrols with the Police, or (b) authorize a seconded officer
participating in joint operations or joint patrols with the Police, to exercise his executive powers in accordance with the law of the seconding Member State:
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Wearing of national uniform and bearing of firearms by seconded officers.

Seconded officers to be deemed public officers.

Meaning of seconded officers.

Provided that seconded officers may only exercise any function, power or duty conferred or authorized under this article under the guidance and in the presence of the Police.

117C.(1) The Commissioner may authorize seconded officers to wear their national uniform.

(2) Seconded officers shall not be in
possession or use fire-arms and other offensive weapons or materials unless authorized to do so by the Commissioner. The provisions of Part V of this Act shall apply mutatis mutandis to a seconded officer.

117D.Any seconded officer taking part in any

of the operations referred to in article 117A, shall, for the purpose of any criminal liability incurred under the Criminal Code or any other law by that officer, or by others for conduct against that officer, be deemed to be a public officer.

117E.For the purposes of articles 117A to

117D, both inclusive, "seconded officers" shall be construed as including officials of bodies set up pursuant to the Treaty.".

PART V

51. This Part amends the Merchant Shipping Act and it shall be read and construed as one with the Merchant Shipping Act, hereinafter in this part referred to as "the principal law".

52. Immediately after sub-article (4) of article 314 of the principal law there shall be added the following new sub-article:

"(5) Notwithstanding the provisions of sub-article (3) of this article, article 550A(4) of the Criminal Code shall apply to any formal investigation held under this Part of this Act as if for the words "the inquest" there were substituted the words "the formal investigation" and for the word "experts" there was substituted the word "assessors".".

PART VI

53. This Part amends the Extradition Act and it shall be read and construed as one with the Extradition Act, hereinafter in this part referred to as "the principal law".

54. Immediately after sub-article (2) of article 22 of the principal law there shall be inserted the following new articles:

Amendment of the Merchant Shipping Act. Cap. 234.

Amendment of article 314 of the principal law.

Amendment of the Extradition Act.

Cap. 276.

Amendment of article 22 of the principal law.

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"(2A) Notwithstanding the provisions of sub-articles (1) and (2) the Court may receive in evidence in proceedings under or for the purposes of this Act any document not authenticated in accordance with those provisions where the document is authenticated or deemed to be authenticated in accordance with the provisions of sub-articles (2B) and (2C).
(2B) In any proceedings under or for the purposes of this Act a document issued in the requesting country may also be received in evidence in proceedings under this Act if it is duly authenticated in accordance with sub-article (2C).
(2C) A document shall be deemed to be duly authenticated if (and only if) one of these applies -
(a) it purports to be signed by a judge, magistrate or officer of the requesting country; or
(b) it purports to be certified, whether by seal or otherwise, by the Ministry, department or other authority responsible for justice or for foreign affairs of the requesting country; or
(c) it purports to be authenticated by the oath, declaration or affirmation of a witness.

Addition of new article 24A to the principal law.

(2D) Any document which is to be sent in connection with proceedings under this Act, may be transmitted by any secure means capable of producing written records and under conditions permitting the ascertainment of its authenticity.".

55. Immediately after article 24 of the principal law, there shall be added the following new articles:

"Transit. 24A. (1) The Commissioner of Police may authorize transit through Malta of a person who is being surrendered to any country provided that the following information is furnished:

(a) the identity and nationality of the
person against whom the request has been issued;
(b) the existence of a warrant for the
arrest and surrender of that person;
(c) the nature and legal classification of any offence on which the warrant for the arrest and surrender of the requested person is based;
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(d) the description of the circumstances of any offence, including the date and place of such offence:
Provided that transit may be
refused if the person being surrendered is a national or permanent resident of Malta and the surrender is being made for the purpose of execution of a sentence of imprisonment or another form of detention.
(2) The information in sub-article (1) may be
transmitted to the Commissioner of Police by any means capable of producing a written record.
(3) When the transport of the surrendered
person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in sub-article (1) in the event that an unscheduled landing occurs.
(4) A person being conveyed through Malta in the course of his extradition or removal as a convicted prisoner from one country to another shall be kept in custody during the period of transit.".

56. Immediately after article 30 there shall be added the following new article:

Addition of new article 30A to the principal law.

"Special extradition arrangements.

30A. (1) This article applies if the Minister believes that-

(a) arrangements have been made or are applicable between Malta and another country for the extradition of a person to that country; and
(b) the country is not a designated Commonwealth country or a designated foreign country.
(2) The Minister may certify that the conditions in paragraphs (a) and (b) of sub-article (1) are satisfied in relation to the extradition of the person.
(3) If the Minister issues a certificate under sub-article (2), this Act applies in respect of the person's extradition to the other country as if that country were a designated foreign country.
(4) As applied by sub-article (3), this Act has
effect with any other modifications specified in the certificate.
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(5) A certificate under sub-article (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of sub-article (1) are satisfied in relation to the person's extradition.".

Amendment of the Prevention of Money

Laundering Act.

Cap. 373.

Amendment of article 2 of the principal law.

Addition of new article to the principal law.

PART VI

57. This part amends the Prevention of Money Laundering Act and it shall be read and construed as one with the Prevention of Money Laundering Act, hereinafter in this part referred to as "the principal law".

58. In the definition "money laundering" in article 2 of the principal law:

(a) in sub-paragraph (iv) thereof, for the words "knowing that" there shall be substituted the words "knowing or suspecting that";
(b) in paragraph (a) thereof, for the words "criminal activity." there shall be substituted the words "criminal activity and without it being necessary to establish precisely which underlying activity.".

59. Immediately after article 4A there shall be added a new article:

"4B. (1)Where, upon information received, the Attorney General has reasonable cause to suspect that a person (hereinafter referred to as "the suspect") is guilty of the offence mentioned in article 3, he may apply to the Criminal Court for an order (hereinafter referred to as a "monitoring order") requiring a bank to monitor for a specified period the transactions or banking operations being carried out through one or more accounts in the name of the suspect, or through one or more accounts suspected to have been used in the commission of the offence or to be able to provide information about the offence or the circumstances thereof, whether before, during or after the commission of the offence, including any such accounts in the name of legal persons. The bank shall, on the demand of the Attorney General, communicate to the person or authority indicated by the Attorney General the information resulting from the monitoring and, once the information is collated, the person or authority receiving the information shall transmit that information to the Attorney General.

(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the investigation is taking place, discloses that an investigation is being undertaken or makes any other disclosures likely to
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prejudice the said investigation shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty six euro and eighty- seven cents (11,646.87) or to imprisonment not exceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this sub-article, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the investigation.".

60. Immediately after article 9 there shall be added a new article:

"9A. Where the request referred to in the preceding article is made for the purpose of monitoring the transactions or banking operations being carried out through one or more accounts of a suspect, the Attorney General may apply to the Criminal Court for a monitoring order and the provisions of article 4B shall apply mutatis mutandis.".

61. Immediately after article 30A there shall be added a new article:

"30B. (1)When the Unit receives a report as is referred to in article 16(1)(a) or when from information in its possession the Unit suspects that any subject person may have been used for any transaction suspected to involve money laundering or funding of terrorism or that property is being held by a subject person that may have derived directly or indirectly from, or constitutes the proceeds of, criminal activity or from an act or acts of participation in criminal activity, the Unit may require the subject person to monitor for a specified period the transactions or banking operations being carried out through one or more accounts in the name of any person suspected of the said offences, or through one or more accounts suspected to have been used in the commission of any of the said offences or to be able to provide information about the offences or the circumstances thereof, whether before, during or after the commission of the offences, including any such accounts in the name of legal persons. The subject person shall communicate to the Unit the information resulting from the monitoring and the Unit may use that information for the purpose of carrying out its analysis and reporting functions under this Act.

Addition of new article to the principal law.

Addition of new article to the principal law.

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(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the investigation is taking place, discloses that an investigation is being undertaken or makes any other disclosures likely to prejudice the said investigation shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty six euro and eighty- seven cents (11,646.87) or to imprisonment not exceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this sub-article, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the investigation.
(3) The provisions of article 30(2) shall mutatis mutandis apply where any information is demanded by the Unit under this article.".

Amendment of the Arms Act. Cap. 480.

Amendment of article 24 of the Principal Act.

Addition of new article to the principal Act.

PART VII

62. (1) This part amends the Arms Act and it shall be read and construed as one with the Arms Act, hereinafter in this part referred to as "the principal Act".

(2) The provisions of this Part shall come into force on such a date as the Minister responsible for the Police may by notice in the Gazette establish, and different dates may be so established for different provisions or different purposes of this Act.
63. Immediately after sub-article (2) of article 24 of the principal Act there shall be added the following new proviso:
"Provided that when a person is found guilty of an offence mentioned in sub-article (1), where the Court deems fit to award the punishment for that offence without imposing the disqualification of a license, such license shall be renewed.".

64. Immediately after article 55 of the principal Act, there shall be added the following new article:

"Toys in the Shape of arms.

55A. (1) No person shall sell, or offer for sale, toys in the shape of firearms, arms proper, ammunition or knuckle dusters.

(2) Whosoever shall contravene the provisions of sub-article (1) shall, on conviction, be liable to a fine (multa) of not less than twenty-five euro and not more than four hundred and fifty euro.
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(3) The provisions of articles 61 and 64 shall not apply in relation to offences under this article.".

Objects and reasons

The objects of the Bill are to amend the Criminal Code with regards to proceedings instituted on the complaint of the injured party, where the complainant is the Head of a Government Department and to introduce a new contravention to public order; to introduce amendments in the Code of Police Laws with regards to the prevention of annoyance to neighbours by barking dogs and to introduce a new Part under the heading "Of the Classification of audio-visual material for Private Home Viewing"; to update the provisions in the Traffic Regulation Ordinance regarding the taking of specimens of breath, blood and body fluids; to amend the Motor Vehicle Insurance (Third Party Risks) Ordinance specifically to introduce a new sub-article relating to the depositions taken on oath of an authorised insurer and their admissibility as evidence and to amend the Arms Act in relation to the disqualification of licences following an offence under sub-article (2) of article 24 and the selling of toys in the shape of arms.