Questionnaire Malta
I.15 Does the prosecution service have the power to give instructions to the police, which cases have to be further investigated and which cases have to be discontinued?
Yes. Magistrates play an important part in
investigations into the commission of criminal offences mostly in collecting
and preserving evidence (the conclusions of each investigation is referred to
as a process verbal). Magistrates sitting in the Court of Magistrates
as a Court of Criminal Inquiry, also play a role in the pre-trial judicial
investigation phase of proceedings leading to an indictment. This judicial investigation
is directed by the Attorney General who gives instructions in this regard not
only to the police but also to the Court, which instructions cannot be refused
or set aside since both the Court and the police are obliged to follow verbatim
such instructions. Furthermore sect. 435 Criminal Code provides that the
Attorney General does have the power to collect and produce further evidence
besides that resulting from the inquiry aforementioned, provided that as a result
of such evidence no new charge may be included in the indictment. Should the
Attorney General, as a result of such evidence become aware of some other offence
not included in the inquiry, he shall send back the whole record to the Court
of Magistrates as a Court of Criminal Inquiry, whereat this Court shall
continue the inquiry and shall proceed in respect of such other offence. Where such
new offence is altogether separate and distinct from the offence or offences
included in the inquiry, a new and separate inquiry shall, on the demand of the
Attorney General, be held in regard to such other offence.
