Police Act (Cap. 164)
Police Act (Cap. 164), article 64
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.
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.