Cap. 90 Art. 2Attorney General.

(1) The Attorney General shall be the Chief Prosecuting

Officer in Malta having such powers in connection with criminal proceedings and as may from time to time be by law provided. In the exercise of his powers to institute, undertake or discontinue criminal proceedings the Attorney General is to exercise such powers in his individual judgement.

(2) Without prejudice to the validity and duration of any appointment to the office of Attorney General made prior to the coming into force of this sub-article, when a vacancy occurs in the office of Attorney General the procedure for the appointment of an Attorney General shall be the following:

(a) The Minister responsible for justice shall establish an Appointment Commission, consisting of a Chairperson and not less than two (2) and not more than four (4) members, to be composed of persons who in his opinion are respected and trusted by the public and are technically qualified to examine whether candidates for the office of Attorney General have the appropriate qualifications and other merit and suitability requirements to occupy the said office.

(b) The Appointment Commission shall issue a public call for applications open to persons who have the necessary qualifications and experience required to be appointed to the office of Attorney General.

(c) After examining the candidates the Appointment Commission shall submit a report to the Prime Minister, through the Minister responsible for justice, expressing its views on the eligibility, suitability and merit of the candidates. In the report the Commission may either limit itself to giving an opinion on the candidates or it may rank them in order of preference.

(d) In deciding upon his recommendation to the President in terms of article 91 of the Constitution, for the appointment of the Attorney General, the Prime Minister shall give due consideration to the recommendations of the Appointment Commission.

(3) Where under any law the Attorney General is to act or exercise any power in his individual judgment he shall not be subject to the direction or control of any other person or authority.

(4) The Officers of the Attorney General when acting under the direction of the Attorney General in anything in which the Attorney General is to act in his own individual judgment, shall have the same protection at law as if the action done or omitted to be done were an act done or omitted to be done by the Attorney General.

3.* Without prejudice to the provisions of article 2 the Attorney

General shall have the following functions and powers:

(a) to demand that the Commissioner of Police:

(i) investigate any crime;

(ii) give the Attorney General any information about the investigation of any crime;

(iii) issue any charge for any crime;

(b) notwithstanding anything provided in any other law, and in his discretion, to prosecute any offence, alone or together with the Executive Police or together with any other authority having prosecution powers, or to assist in the prosecution of any offence, before the Court of Magistrates whether as a court of criminal judicature or as a court of criminal inquiry, for which a person shall have been charged before such court: Provided that for the purpose of the implementation of what is provided in this paragraph, any article in the Criminal Code or in any other law which confers a function or power on the conduct of court proceedings in the prosecution of offences before the Court of Magistrates in the Executive Police or in any other authority having prosecution powers shall be deemed to also confer that function or power in the Attorney General;

(c) the decision as to whether a prosecution for a crime subject to a punishment exceeding the original jurisdiction of the Court of Magistrates as a court of criminal judicature is to be commenced shall be taken by the Attorney General:

Provided that any transitory measure issued from time to time in terms of article 1 of the State Advocate Act, 2019 or regulations issued by the Minister responsible for justice under this article may provide for transitory arrangements for the implementation of the provisions of this article. Without prejudice to the generality of the foregoing such transitory measures and arrangements may include

*Came in force on 1st October, 2020. See Legal Notice 386 of 2020. provisions which from time to time provide that:

(a) the powers and functions of the Attorney General provided for in this article shall only apply to certain crimes and, or only to crimes liable to imprisonment for a term as may be prescribed being a term of imprisonment exceeding the original jurisdiction of the Court of Magistrates as a court of criminal judicature;

(b) the power of the Attorney General to delegate, subject to those conditions, orders, reservations, and derogations which he may from time to time provide, the power to take the decision to prosecute or to conduct the prosecution before the Court of Magistrates in terms of this article to the Commissioner of Police or to any other public authority having prosecution powers under any law from time to time in force.