The separation of the dual roles of the Attorney General as both the public prosecutor and state attorney will come into effect on December 18. 

Justice Minister Owen Bonnici said the move followed the endorsement and publication in The Government Gazette of a commencement notice for the State Advocate Act.

Victoria Buttigieg will become the first State Advocate on Friday. 

Dr Bonnici said Dr Buttigieg had been appointed after a public call and with unanimous approval from the Appointment Commission following recommendations by the Venice Commission.

Victoria Buttigieg will be Malta's first State Attorney.

He made the announcement during a news conference at the Malta National Community Art Museum (MUŻA).

"Through these processes, the Government is clearly showing commitment to implement further reforms for the benefit of our society and towards the strengthening of the rule of law," Dr Bonnici said. 

What will State Advocate do?

The State Advocate will be recognised by the Constitution and have the same obligations and protections enjoyed by the Attorney General and members of the Judiciary.

This means that the holder of the title cannot be removed from their role unless confirmed by a two-thirds majority vote in Parliament after proof of misbehaviour or inability to perform the functions of the role. 

The State Advocate is to be the chief legal advisor to the government in relation to the law and legal opinions and will be explicitly obliged to act in the public interest and safeguard the legality of state actions.

Dr Bonnici also said that the office of the Attorney General will gradually be given more prosecution powers with the intention of shifting the onus of public prosecution from the police to the Attorney General.