Questionnaire Malta
I.5 Can the prosecution service exercise influence on the choice of the police to investigate, or not to investigate?
Investigations are the sole responsibility of the
police. No organic link exists between the two, thus making such influence
thoroughly impossible both in practise and in theory. Nonetheless, the
Prosecution service may and does suggest crime policy guidelines to the police
but they are not of a binding nature on the police. These guidelines are only
binding once they are endorsed by the Commissioner of police, who is the
commander of the Maltese Police Force. It can be said, however, that in
practice such guidelines are endorsed by the Commissioner of police as a matter
of course. The Minister responsible for Justice and Home Affairs and the
Commissioner of police are the authorities primarily responsible for laying
down such binding guidelines to the police.
