Police Act (Cap. 164)

Police Act (Cap. 164), article 64

Official PDF on legislation.mt

64. The custody officer or an officer performing the functions of a custody officer according to law shall – (a) release from custody a person in police detention if upon the lapse of the period of forty-eight hours from his arrest , or of such period of further detention as may have been authorised according to article 355AJ of the Criminal Code, that person has not been brought before a court within that period: Provided that befor e effecting such release the custody officer or officer performing the functions of a custody officer shall inform the investigating officer and a Magistrate and the final decision shall rest with the Magistrate; (b) release any person when so ordered by the investigating officer who had proceeded to or requested his arrest; (c) ensure that persons in police detention under his charge are treated in accordance with the law and according to any code of prac tice that may be issued; (d) keep a record of anything that needs to be recorded with reference to a detained person under his charge as provided in this Act or in a ny code of practice that may be issued; (e) in consultation with the investigating officer, attend to any medical or other humanitarian needs of the person detained and shall in no case assume personal responsibility where any medical attention is requested or manifestly required; (f) seek to ensure that the place where persons under his charge are detained conforms to acceptable standards 26 [CAP. 164. POLICE ACT of hygiene and comfort, especially if a detained person is to sleep therein; (g) seek to ensure that there is no danger to the life of the person detained under his charge even if the person detained is left unattended. Letter of Rights. 65. Any person who is arrested sh all be promptly provided with the Letter of Rights as set out in Schedule E to the Criminal C ode and the said person shall be given t he opportunity to read it and t o retain same in his possession throughout the time that he is detained. The Letter of Rights shall be written in a language that the person understands: Provided that where the Letter of Rights is not available in th e appropriate language, the person arrested shall be informed of his rights orally in a language that he understands and the Letter of Rights shall, subsequently and without undue delay, be provided to him in a language that he understands. Transfer of detainee.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.