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I assent.
(L.S.) GEORGE VELLA
President
16th April, 2021
ACT No. XVII of 2021
AN ACT to amend the Vict ims of Crime Act, Cap. 539.
BE IT ENACTED by the President,  by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same as follows:-
Short title.
Cap. 539.1. The short title of this Ac t is the Victims of Crime
(Amendment) Act, 2021 and this Act shall b e read and construed as
one with the Victims of Crime Act, hereinafter referred to as " the
principal Act".
Amendment of 
article 6 of the 
principal Act.2. Immediately after sub-article (3 ) of article 6 of the principal
Act there shall be added the following new sub-article:
"(4) During criminal investigations:
(a) interviews of victims shall be conducted
without unjustified delay a fter the complaint with
regard to a criminal offence has been made to the
Executive Police;
(b) the number of inter views of victims is
kept to a minimum and interviews are carried outonly where strictly necessary for the purposes of
the criminal investigation;
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Amendment of 
article 7 of the principal Act.3. Sub-article (7) of article 7 of the principal Act shall be
substituted by the following new sub-article:
Addition of new articles to the principal Act. 4. Immediately after article 10 of the principal Act there shall be
added the following new articles:
Amendment of article 11 of the principal Act. 5. Immediately after sub-article (2) of article 11 of the principa l
Act there shall be added the following new sub-articles:
"(3) Where a victim is a resident of a Member State other
than Malta, the Executive Police  shall take a statement from th e
victim immediately after the complaint with regard to the(c) victims may be accompanied by their
legal representative and a person of their choice,
unless the victims would have refused such
representation, in an explicit manner and in writing,
or unless a reasoned decision has been made to thecontrary by the investig ating Police Officers,
wheresoever they are of the opinion that the personchosen may create conflict of interest in theinvestigation;
( d ) m e d i c a l  e x a m i n a t i o n s  a r e  k e p t  t o  a
minimum and are carried out only where strictlynecessary for the purposes of the criminalproceedings.".
"(7) The court shall assess whether victims need
interpretation or translation as provided for under sub-
articles (1) and (2). Victims  may challenge the court’s
decision not to provide interpretation or translation.".
"
Right to 
reimbursement 
of expenses.
S.L. 9.12.10A. Without prejudice to the Criminal Injuries
Compensation Scheme Regulations, victims who
participate in criminal proceedings shall have the
possibility to be reimbursed for the expenses incurred asa result of their active participation in criminal
proceedings, in accordance with  their role in the relevant
criminal proceedings. The co nditions or procedural rules
under which victims may be reimbursed shall bedetermined by the Minister responsible for justice.
Right to 
protection of privacy.10B. The Ministry or any other entity or agency which
the Minister may designate for that purpose shall take
during the criminal proceedings appropriate measures toprotect the privacy, including  personal characteristics of
the victim taken into account in the individual assessmentprovided for under article 12, and images of victims andof their family members.".
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criminal offence is made.
(4) Where a victim is a resident of a Member State other
than Malta, the victim shall have recourse to the extent possib le
to the provisions on video conferencing and telephone
conference calls laid down in the Convention on Mutual
Assistance in Criminal Matters between the Member States of
the European Union of 29 May 2000 (1) for the purpose of
hearing victims who are resident abroad.".
Substitution of 
article 12 of the principal Act.6. Article 12 of the principal Act shall be substituted by the
following new article:
"12. The Ministry or any other entity or agency
which the Minister may designate for the purpose shall
make provision:
(a) to ensure that victims receive a timely
and individual assessment, in accordance with this
Act, and to determine whether and to what extentthey would benefit from special measures in this
Act due to their particular  vulnerability. The victim
may request to be interviewed by a person of the
same sex;
(b) for the timely and individual
assessment of victims who suffered from severe
crimes, including crimes committed with a bias or
discriminatory motive which could in particular, berelated to their particular characteristics, and
victims whose relationship to and dependence on
the offender make them pa rticularly vulnerable
such as:
(i) minors;
(ii) victims of terrorism;
(iii) victims of or ganised crime;
(iv) victims of hum an trafficking;
(v) victims of gender-based violence;(vi) victims of violence in a close
relationship;
(vii) victims of sexual violence;
(viii) victims of exploitation or hate
crime; and
(ix) victims wit h disabilities:
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Provided that the i ndividual assessment
shall, in particular, take into account the personal
characteristics of the victim, the type or nature of
the crime and the circums tances of the crime; 
(c) victim support services which shall, as
a minimum, provide: 
(i) information, advice and support
relevant to the rights of victims including on
accessing national compensation schemes for
criminal injuries, and on their role in
criminal proceedings including preparationfor attendance at the trial;
(ii) information about or direct
referral to any relevant specialist support
services in place;
(iii) emotional and, where available,
psychological support; 
(iv) advice relating to financial and
practical issues arising from the crime; 
(v) unless otherwise provided by
other public or private services, advice
relating to the risk and prevention ofsecondary and repeat victimisation, of
intimidation and of retaliation;
(vi) medical treatment in accordance
with the national healthcare system for as
long as such treatment is necessary;
(vii) protection measures, paying
particular attention to t he risk of intimidation
and retaliation and the need to protect the
dignity and physical integrity, including
during questioning and when testifying;
(viii)  shelters or any other appropriate
interim accommodation for victims in needof a safe place due to an imminent risk of
secondary and repeat victimisation, of
intimidation and of retaliation; and
(ix) targeted and integrated support
for victims with specific needs, such asvictims of sexual violence, victims of
gender-based violence and victims of
violence in close relationships, includingtrauma support and counselling;
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Amendment of 
article 14 of the 
principal Act.7. Immediately after sub-article (3)  of article 14 of the principa l
Act there shall be added the following new sub-article:
"(4) Where the victim is a minor he shall be presumed to
have specific protection needs due to his vulnerability to
secondary and repeat victimis ation, to intimidation and to
retaliation. To determine whether  and to what extent they would
benefit from special measures a s provided for under this Act,
child victims shall be subject to an individual assessment asprovided for in a rticle 12.". 
Addition of new 
article to the 
principal Act. 8. Immediately after article 14A of the principal Act there shall
be added the following new article:(d) for the close involvement of the victim
in the carrying out of individual assessments which
shall take into account the wishes of the victims as
to whether they do not wish to benefit from the
special measures provided for in this Act;
(e) for updating of the elements that form
the basis of the individual assessment throughoutthe criminal proceedings.". 
"
Right to 
protection of 
victims with 
specific protection 
needs during 
criminal proceedings.
Cap. 164.14B. (1) Without prejudice to the locus standi  a n d
rights of the injured party, the provisions of Title II of Part
III of the Police Act and to t he rights of the defence and by
virtue of judicial discretion, victims with specific
protection needs who benefit from special measuresidentified as a result of an individual assessment provided
for in article 12, may benefit from the measures provided
for in this Act. A special measure envisaged following theindividual assessment shall not be made available if
operational or practical constraints make this impossible,
or where there is a an urgent need to interview the victimand failure to do so could harm the victim or another
person or could prejudice the c ourse of the proceedings.
(2) The following measures shall be available
during criminal investigations to victims with specific
protection needs identified in accordance with article 12:
(a) interviews with the victim being carried
out in premises designed or adapted for thatpurpose;
(b) interviews with the victim being carried
out by or through professionals trained for that
purpose;
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Passed by the House of Representatives at Sitting No. 447 of th e
13th April, 2021.(c) all interviews with the victim being
conducted by the same persons unless this is
contrary to the good administration of justice;
(d) all interviews with victims of sexual
violence, gender-based violence or violence in
close relationships, unless conducted by a
prosecutor or a person presiding the Court, to beconducted by a person of the same sex as the
victim, if the victim so wishes:
Provided that the course of the criminal
proceedings will not be prejudiced.".
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
VERŻJONI ELETTRONIKA
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