S.L. const.3 Art. 12Precautionary suspension. 

(1) When it comes to the notice of a Head of Department that an officer under his responsibility -

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(a) may have committed a serious disciplinary offence; or

(b) further investigation is necessary to establish whether disciplinary or criminal proceedings are warranted; or

(c) is to be arraigned in court or is being investigated or has been arrested by the police in connection with a criminal offence, and the Head of Department considers it necessary and in the public interest that the officer should be suspended for precautionary purposes from the exercise of the powers and functions of his office, he shall make a recommendation to the Commission for the precautionary suspension of the officer, giving reasons in justification of his opinion: Provided that before proceeding with the recommendation, the Head of Department shall inform the officer of his intention and the officer charged shall be allowed five (5) working days from the date on which he is so informed to submit written representations to the Commission, giving justified reasons as to why he should not be suspended for precautionary purposes and regarding the proportion of salary to be withheld in terms of sub-regulation (5).

(2) The Commission shall consider the opinion of the Head of Department and the representations submitted by the officer, if any, and shall recommend to the Prime Minister whether or not the officer should be suspended for precautionary purposes.

(3) The Head of Department may suspend the officer from the exercise of the powers and functions of his office, for precautionary purposes, pending the decision of the Prime Minister acting on the recommendation of the Commission.

(4) In the event that the request for precautionary suspension is not authorised by the Commission, the officer under suspension shall be immediately recalled for duty and shall be refunded any salary withheld during the period of precautionary suspension.

(5) A public officer who is suspended for precautionary purposes shall receive half salary unless the Commission, after having considered the representations submitted by the suspended officer in terms of sub-regulation (1) and after consulting the Head of Public Service, approves that he receives a higher proportion of the salary.

(6) If the disciplinary or criminal proceedings do not result in the dismissal or other punishment of the officer, he shall be entitled to the full amount of salary which he would have received if he had not been suspended for precautionary purposes. The officer shall also be entitled to a pro-rata payment in lieu of any additional earnings withheld over and above his salary, which payment shall be computed on the mean average of the additional earnings of the previous three

(3) years prior to the precautionary suspension. If the punishment is other than dismissal, he may be refunded such proportion of the salary withheld as a result of his precautionary suspension as recommended by the Commission. If the punishment is dismissal, the officer shall forfeit the salary withheld as a result of his precautionary suspension.

(7) Where an officer against whom disciplinary or criminal action has been taken and is pending, ceases to be a public officer before the conclusion of such action, any salary withheld as a result of his precautionary suspension shall not be refunded unless he is acquitted of all the charges brought against him. If the officer dies when proceedings are still pending, any salary withheld as a result of his precautionary suspension is refunded to his heirs:

Provided that, when an officer who has had his salary withheld as a result of his precautionary suspension ceases to be a public officer before any disciplinary or criminal charges are issued, then the officer shall be refunded the salary which had been withheld from him during the period of his precautionary suspension.

(8) An officer who is under precautionary suspension shall not have access to any official premises identified by the Head of Department, and shall not remove, destroy or add to, or cause to be removed, destroyed or added to, any official document, instrument or matter.

(9) An officer who is suspended for precautionary purposes in DISCIPLINARY terms of sub-regulation (1)(c), shall seek the permission of the Head of Department if he wishes to travel outside the Schengen area. The Head of Department shall consult the Commissioner of Police before granting such permission. Any such officer who leaves Malta without the required permission shall be liable to disciplinary action, which action may be one leading to dismissal.

(10) Notwithstanding the provisions of sub-regulations (5), (6), and (7), if an officer is in prison under preventive custody or serving a court sentence, no salary shall be due to the officer during the period of imprisonment whether such officer is subsequently found guilty of the offence with which he is charged or otherwise.

Part IV - Criminal Offences