Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 534AB
534AB. (1) Saving the provisions of articles 355AC, 355AS, 392
and 445, it shall be the duty of the Police or of the Court, as the
case may be, to inform the suspect or the accused without undue
delay of the followi ng procedural rights:
(a) the right of access to a lawyer;
(b) any entitlement to free lega l advice and the conditions
for obtaining such advice;
(c) the right to be informed, in such detail as is necessary
to safeguard the fairness of the proceedings and the
effective exercise of his rights of defence, of the
offence he is suspected or accused of having
committed:
Provided that the suspect or accused shall be promptly
informed of any changes in the information given in
accordance with this article where this is necessary to
safeguard the fairne ss of the proceedings;
(d) the right to interpretation and translation;
(e) the right to remain silent;
(f) the right to have a third party informed of the suspect’s
or the accused person’s deprivation of liberty;
(g) the right to communicate with third persons and with
consular authorities when th e suspect or an arrested
person is deprived of his liberty;
(h) the right to be allowed to consult a medical
practitioner;
(i) should the suspect or arrested person be illiterate, the
right to have the Letter of Rights read out and
explained to him.
(2) The information provided for under sub-article (1) shall be
given orally or in writing, in simple and accessible language, taking
into account any particular needs of vulnerable suspected or
accused persons within th e meaning of 208AC(2).
(3) It shall be the duty of the Police to provide a person
arrested or detained promptly with the Letter of Rights set out in
Schedule E and the Police shall give the said person an opportu nity
to read it and to 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
the appropriate language, the su spect or the accused shall be
informed of his rights orally in a language that he understands and
the Letter of Rights shall subsequently, and without undue dela y, be
provided to him in a language that he understands.
(4) Information provided in acco rdance with this article shall
be recorded by the Police or by the Court, as the case may be.
CRIMINAL CODE [CAP. 9. 329
Right to
interpretation.
Added by:
IV .2014.25.
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.