Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 534AB

Official PDF on legislation.mt

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.

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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.