Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 355E
355E. (1) Saving the cases where the law provides otherwise,
no police officer shall, without a warrant from a Magistrate, e nter
any premises, house, building or enclosure for the purpose of
effecting any search therein or arresting any person who has
committed or is reasonably suspected of having committed or of
being about to commit any offence unless -
(a) t h e o f f e n c e i s a c r i m e a n d t h e r e i s i m m i n e n t d a n g e r
that the said person m ay escape or that the corpus
delicti or the means of proving the offence will be
suppressed; or
(b) the person is detected in the very act of committing a
216 CAP . 9.] CRIMINAL CODE
crime; or
(c) the intervention of the Police is necessary in order to
prevent the commissi on of a crime; or
(d) the entry is necessary for t he execution of any warrant
or order issued by any other competent authority in the
cases prescribed by law; or
(e) the arrest is for the purpose of apprehending a person
who is unlawfully at large after escaping from lawful
arrest or detention; or
(f) the entry is necessa ry for purposes of:
(i) executing the arrest , or ascertaining the
whereabouts, of a person in respect of whom an
alert has been entered in the Schengen
Information System and t h e r e i s a n i m m i n e n t
danger that the said p erson may escape; or
(ii) discovering any property in respect of which an
alert has been entered in the Schengen
I n f o r m a t i o n S y s t e m a n d t h e r e i s a n i m m i n e n t
danger that the property may be concealed, lost,
damaged, altered or destroyed; or
(g) the entry is necessary for the protection of any person,
including minors or vulnerable persons who need to be
prevented from travelling owing to a concrete and
apparent risk of them being removed from or leaving the
territory of a Member State or who need to be placed
under protection in accordance with Regulation (EU)
2018/1862 establishing the Schengen Information
System.
(2) The expression "enclosure" does not include any plot of
land enclosed by rubble walls.
(3) A warrant may also be issued by a Magistrate as mentioned
in sub-article (1) for the purpose of:
(a) effecting the arrest or ascer taining the whereabouts of
a person in respect of whom an alert has been entered
in the Schengen Information System; or
(b) discovering and seizing any property in respect of
which an alert has been entered in the Schengen
Information System.
Subsidiary
powers of Police
in execution of
warrants.
Added by:
III.2002.74.
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.