Reporting a crime to the police in Malta: how it works
In Malta most offences are prosecuted by the Executive Police on their own initiative once they learn about them, and serious cases by the Attorney General. Anyone may report an offence. The Criminal Code (Cap. 9) distinguishes an information or report, which anyone can make about an offence prosecutable ex officio, from a complaint, which is made by the person aggrieved by the offence. Some offences, such as slight bodily harm or misappropriation, can only be prosecuted if the injured party complains.
When you report as a victim, the Victims of Crime Act (Cap. 539) gives you further rights: a written acknowledgement of your complaint, the possibility to complain in a language you understand, and information about the progress of the case, including any decision not to prosecute.
The law also protects you if the police do nothing. If the Executive Police refuse to take proceedings on a reported crime, you can ask the Court of Magistrates to order them to prosecute; if the Attorney General decides not to prosecute, you can ask for reconsideration and then for judicial review. This guide explains how to make an effective report and what to do next.
Key facts
Deadline
Report as soon as possible: criminal action is barred after periods ranging from three months for contraventions to twenty years for the gravest crimes (article 688 of Cap. 9); if the Attorney General decides not to prosecute, you may ask for reconsideration within one month of learning of the decision, and the Attorney General has one month to reply (article 541(4)); a decision of the Court of Magistrates on an application to order the police to prosecute can be challenged before the Criminal Court within seven working days (article 541(3)); in domestic violence cases the police must ask a Magistrate for a temporary protection order within twelve hours of the report where a person is at serious risk (article 540A(2)).
What to do
Decide where and how to report. You can report an offence to any officer of the Executive Police (article 535(1) of the Criminal Code), usually at the police station for the locality where it happened, or by calling 112 in an emergency. A report may be made verbally or in writing; a verbal report is reduced to writing and signed by you, or by the officer if you cannot write (article 537). A victim may lodge a complaint with any police officer, even by letter (article 538).
Anonymous reports are not acted upon, except where the offence is flagrant or the report concerns a fact of a permanent nature (article 535(2)). Give your name and contact details; the police will need you as a witness, and the Victims of Crime Act rights attach to an identified complainant.
Prepare the facts before you go. The informer must state the fact clearly with all its circumstances and provide, as far as possible, the particulars needed to establish the offence and identify those responsible, including accomplices (article 536 of Cap. 9). Write down beforehand what happened, when and where, who was involved, who witnessed it and what was taken or damaged.
Bring evidence: photos, screenshots of messages, bank statements in fraud cases, medical certificates for injuries, receipts or serial numbers for stolen goods, and the names and contacts of witnesses. In online fraud, also bring transaction references and the website or account used. A precise report is easier to investigate and harder to dismiss.
Get a written acknowledgement and use your language. When you make a complaint as a victim, the police must give you a written acknowledgement stating the basic elements of the offence (article 5(1) of the Victims of Crime Act, Cap. 539). If you do not understand or speak Maltese or English, you may make the complaint in a language you understand or with the help of an interpreter (article 5(2)), and you are entitled on request to a free translation of the acknowledgement (article 5(3)).
Keep the acknowledgement and note the police report number. Insurers, banks and employers often ask for it, for example to block a stolen card, replace documents or support an insurance claim for theft.
Make a formal complaint where the law requires one. For certain offences the police may act only on the complaint of the injured party, for example slight bodily harm (article 226(2) of the Criminal Code) and misappropriation of things entrusted to the offender (article 293, proviso). If you only mention the incident without asking for prosecution, nothing may happen. State clearly that you wish the offender to be prosecuted.
A complaint can also be made on your behalf by a spouse, ascendant, descendant, sibling, guardian or the representative of a body corporate (article 542). In these cases the decision whether to proceed largely rests with you; withdrawing the complaint may end the prosecution. Prescription still runs under article 688, so do not wait.
Ask for protection if you are in danger. In cases of domestic or gender-based violence, a trained professional must immediately carry out a risk assessment when the police receive the report (article 540A(1) of Cap. 9). Where a person is at serious risk of harm, the police must apply to a Magistrate for a temporary protection order within twelve hours of receiving the report, and the Magistrate decides within eight hours (article 540A(2)–(3)).
The temporary order lasts up to thirty days or until the first sitting against the alleged offender, and the police must start criminal proceedings within thirty days (article 540A(6)). Sheltered accommodation must be provided where needed. In an emergency, call 112 first.
Follow the progress of your case. As a victim you must be told of your right to receive information about the proceedings that follow your complaint, and on request you are informed of any decision not to proceed with or to end an investigation or not to prosecute, and of the time and place of the trial (article 6(1) of the Victims of Crime Act). At first contact you should also be told how to obtain protection, legal advice and legal aid, compensation and interpretation (article 4).
Ask the investigating officer for the case reference and contact details. Upon receiving a report requiring proceedings, the police inform the Court of Magistrates or a magistrate to obtain directions (article 540 of the Criminal Code), so serious matters may also be the subject of a magisterial inquiry.
Challenge a police refusal to prosecute. If the case is one where the criminal action is vested in the Executive Police and they refuse to institute proceedings on your report of a crime, you may apply to the Court of Magistrates for an order directing the police to prosecute (article 541(1) of Cap. 9). The court hears your evidence and the Commissioner of Police and grants the application if the report is prima facie justified.
Before the application is heard, you must confirm the report on oath and enter into a recognizance, a sum fixed by the court, guaranteeing that you will give evidence at trial. Either side may challenge the decision before the Criminal Court within seven working days (article 541(3)). This remedy is for crimes, not for contraventions.
Challenge an Attorney General's decision not to prosecute. Where the decision to prosecute belongs to the Attorney General, an injured party may, within one month of learning of a decision not to prosecute, ask the Attorney General in writing, with reasons, to reconsider (article 541(4)(a) of the Criminal Code). If the Attorney General confirms the decision or does not reply within one month, you may seek judicial review of the decision under article 469B of the Code of Organization and Civil Procedure (article 541(4)(b)).
This requires a lawyer and careful reasoning: explain why the evidence justifies a prosecution and why the decision was wrong in law. Legal aid may be available if you meet the means test.
Claim compensation separately if needed. A criminal prosecution punishes the offender but does not automatically compensate you. You can bring a civil action for damages arising from the offence; it follows the prescription rules of the Criminal Code for the offence concerned (article 2154(1) of the Civil Code, Cap. 16), which are usually longer than the two years for ordinary damages.
Keep the police report number, medical certificates and receipts for repair or replacement, which you will need as evidence. A conviction in the criminal case is strong support for a civil claim. Ask the police or Victim Support Agency about state compensation schemes for victims of violent crime.
What to watch out for
- Reporting anonymously. Anonymous reports are not acted upon except for flagrant offences or permanent facts (article 535(2) of Cap. 9).
- Mentioning an incident without asking for prosecution where the law requires a complaint. For offences such as slight bodily harm (article 226(2)) the police can act only on your complaint.
- Making a false report. Knowingly reporting an offence that did not happen, or blaming an innocent person, is itself a criminal offence.
- Leaving the station without proof of the report. Ask for the written acknowledgement under article 5 of the Victims of Crime Act and note the report number.
- Missing the one-month window after an Attorney General's refusal. The request for reconsideration must be made within one month of learning of the decision (article 541(4)(a)).
- Waiting too long. Prosecution of contraventions is barred after three months and of minor offences after two years (article 688 of Cap. 9).
- Expecting the criminal case to compensate you automatically. Plan a separate civil claim for damages and keep the evidence of your losses.
Legal basis
Frequently asked questions
How do I report a crime to the police in Malta?
Go to any police station or speak to any officer of the Executive Police (article 535 of the Criminal Code); in an emergency call 112. You may report verbally or in writing; a verbal report is written down and signed (article 537). State clearly what happened, when, where and who was involved, and bring any evidence and witness details (article 536).
Can I report a crime anonymously in Malta?
You can give information, but the police will not act on an anonymous report or information unless the offence is flagrant or the report refers to a fact of a permanent nature (article 535(2) of the Criminal Code). Giving your identity also secures your rights as a victim under the Victims of Crime Act.
Will I get a copy of my police report in Malta?
As a victim making a complaint, you are entitled to a written acknowledgement stating the basic elements of the offence (article 5(1) of the Victims of Crime Act). If you do not speak Maltese or English, you can request a free translation into a language you understand (article 5(3)). Keep the report number.
Can I report a crime in Malta if I do not speak English or Maltese?
Yes. Under article 5(2) of the Victims of Crime Act a victim may make the complaint in a language they understand or with the linguistic assistance of an interpreter, and receive a free translation of the written acknowledgement on request (article 5(3)).
What if the police refuse to take action on my report?
For crimes prosecuted by the Executive Police, you can apply to the Court of Magistrates for an order directing the police to institute proceedings (article 541(1) of the Criminal Code). You must confirm your report on oath and enter into a recognizance to give evidence. The decision may be challenged before the Criminal Court within seven working days (article 541(3)).
Which crimes need a complaint by the victim in Malta?
Some offences can only be prosecuted on the complaint of the injured party, for example slight bodily harm (article 226(2) of the Criminal Code) and misappropriation of things entrusted to the offender (article 293, proviso). For these, tell the police explicitly that you want the offender prosecuted. A relative or guardian can complain on your behalf (article 542).
How long do I have to report a crime in Malta?
There is no separate deadline for reporting, but prosecution is barred after the prescription periods in article 688 of the Criminal Code: three months for contraventions, two years for offences punishable by less than one year, and longer periods, up to twenty years, for serious crimes. Reporting early also preserves evidence.
Will I be told if the case against the offender is dropped?
Yes, on request. Article 6(1) of the Victims of Crime Act entitles victims to information about any decision not to proceed with or to end an investigation, or not to prosecute. If the Attorney General decides not to prosecute, you may ask for reconsideration within one month and then seek judicial review (article 541(4) of the Criminal Code).
Can the police protect me after I report domestic violence?
Yes. A trained professional must carry out an immediate risk assessment, and if you are at serious risk the police must ask a Magistrate for a temporary protection order within twelve hours; the Magistrate decides within eight hours (article 540A of the Criminal Code). The order lasts up to thirty days or until the first court sitting.
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