This page provides information on the national frameworks to address hate crime in Malta. The information provided here should be viewed alongside data presented on Malta's hate crime report page.

Hate crime recording and data collection

Reports of hate crime are recorded through the reporting system maintained by the police, which records the number of offences registered. Since 2019, the system (NPS – National Police System) was adapted to allow for the classification of hate crimes. This system records information based on the gravest offence of the incident report. It also provides the possibility to record the element of hate present in a particular incident when filing a report.

Data on the prosecution of hate crimes is available based on the charges brought forward within the judicial system. Therefore, as the bias motivation is covered through aggravating clauses and motivational grounds, this is not recorded for statistical purposes and the information is not available. The current collection system used by the national judicial authorities does not include information on the aggravating circumstances of convicted offences.

Only hate speech cases are currently recorded in the Law Courts database. Malta's first Anti-Racism Strategy initiated efforts to build a national data collection tool on hate speech and hate crime. Discussions are under way and will continue with the second National Action Plan Against Racism (NAPAR). 

Malta does not conduct national victimization surveys related to hate crime.

Hate crime victim support

Victims of incitement to hatred and crimes motivated/aggravated by hatred are entitled to rights afforded other crime victims, including the right to understand and be understood, the right to receive information from a competent authority, and the right to legal aid.
    
In addition, Article 12(b) of Cap. 539 provides that the Ministry or any designated entity shall provide "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, be related to their particular characteristics, and victims whose relationship to and dependence on the offender make them particularly vulnerable such as: […] (viii) victims of exploitation or hate crime".

As vulnerable victims of crime, "hate crime" victims are entitled, as a minimum, to the following:
•    information, advice and support relevant to the rights of victims, including on accessing national compensation schemes for criminal injuries; 
•    information on their role in criminal proceedings, including preparation for attendance at the trial; 
•    information about or direct referral to any relevant specialist support services in place, including emotional and, where available, psychological support; and
•    advice relating to financial and practical issues arising from the crime (article 12(c)).

Such services shall be offered on a confidential basis and free of charge (article 13(1)). Article 14B(2) also provides that certain measures must apply to vulnerable victims identified in accordance with article 12. These measures include ensuring that victim interviews are conducted in premises designed or adapted to that purpose and by specifically trained professionals.

Malta provides specialized support to victims of hate crimes. The Police Force has a general Victim Support Unit that provides aid to crime victims. It is additionally supported by a multidisciplinary Hate Crime and Speech Unit, consisting of specialists in the fields of psychology, social work and legal aid, which specifically caters to the needs of hate crime victims. The offered services include a physical venue for in-person consultations, online services, dedicated helplines, and legal aid throughout the criminal proceedings, as well as specialized support, including psychological counselling. The Unit has a therapeutic team, consisting of four specialists with a background in psychology and social well-being.

Individual needs assessments (INAs) are conducted by police, and victims of crime are referred to the Victim Support Unit. If they consent, victims of hate crime may also be referred to the Hate Crime and Speech Unit. The Unit conducts a further needs assessment and comes up with a six-month plan, which is subject to review. The assessment specifies whether victims need to be referred to other support providers. Victims of hate crime can access support services without filing a formal complaint. Emotional and psychological support is normally extended until the court proceedings are finalized. Interpretation is available during counselling sessions and court proceedings. The Hate Crime and Speech Unit also accepts referrals from other governmental agencies and civil society organizations.
It is important to note that the police must inform the victim about any decisions that may be made to the report, such as when the case warrants a different charge. Additionally, a victim of a hate crime can present the impact of the crime in court.

In 2021, a Victim Support Agency (VSA) was established through Legal Notice 418 of 2020 as a multidisciplinary agency made up of public servants, including members of the Police Victim Support Unit, legal and psychosocial professionals, and administrative officers. The VSA is entrusted to support and assist victims of crime, including victims of hate crime. Victims may access the VSA's services through various mechanisms. A national free-of-charge victim support line was introduced (116 006) to provide immediate support to victims of crime. Its operators can provide referrals to professional support services. Furthermore, the VSA has undertaken activities to raise awareness of online hate speech and hate crime through the creation of a dedicated page on its official website. The agency also works with public and non-public organizations to strengthen research in the field with the support of EU-Funded Projects.

Police are trained on hate crime and follow relevant internal guidelines. Victims are encouraged to file an evaluation form related to the service they receive.

Hate crime capacity building

Police officers receive training on hate crimes as part of their mandatory in-service period. Information on hate crimes is also a part of mandatory training for the new recruits. This training is offered by the Academy for Disciplined Forces, following the implementation of ODIHR's Training against Hate Crimes for Law Enforcement (TAHCLE) programme. The Human Rights Directorate's SOGIGESC Unit also plays a role in periodically delivering training sessions within the Academy. Additionally, the Malta Police Force benefits from training provided by European Union Agency for Law Enforcement Cooperation (EUROPOL) and the European Union Agency for Law Enforcement Training (CEPOL), both of which deliver programmes on hate crime.

Moreover, police at all levels are trained on hate crime investigation, fundamental rights, ethics, diversity and professional standards, starting with basic training courses that lead to promotion to the rank of police sergeant, up to the officer cadets training courses and the diploma in policing.
    
Hate crime training for all members of the judiciary is provided on an annual basis by means of local seminars organized by the Judicial Studies Committee. Specialized seminars attended by some members of the judiciary are held overseas and organized by entities such as the EJTN and ERA.  
    
Hate crime trainings will be implemented in future as part of the second National Action Plan Against Racism (NAPAR).